Join Richard Stim for an in-depth discussion in this video Getting paid, part of Music Law: Recording Management Rights and Performance Contracts.
- Some artists get their shows through booking agents.…A booking agent arranges the tour…and negotiates payments with the venues.…These agents earn a fee for each performance they book,…usually receiving 10 percent of the concert grosses.…In some states, booking agents are regulated,…and in California, for example, they must be licensed.…Normally, an artist signs an exclusive at will arrangement…with the booking agent.…That is, only that booking agent can book the artist,…as long as that agent represents the artist,…and either party can terminate any time.…
If an artist obtained the show through a booking agent,…and the artist gets stiffed,…the artist should have the agent pressure the club owner.…After all, the booking agent got the gig.…The American Federation of Musicians, AFM,…provides a standard union performance contract,…known as the Federation Contract for its members.…The terms are all standardized,…and if there's a problem, the musician can file a dispute…with the local union representative.…Keep in mind that not all clubs have…
For example, when it comes to record contracts, it's important to know how advances and royalties work, how to maintain creative control, and what happens when a member leaves a band. Rich also tackles management contracts, describing what managers can do for you—and what to do when you need to let them go. Next, he explores the basic terms, riders, and payment options in performance contracts. Then learn about releases, artwork permissions, publishing and producer agreements, and other types of legal arrangements. Rich wraps up the course with a discussion of oral agreements, attorney fees and roles, and five basic rules worth remembering for every music contract.
DISCLAIMER: This course is taught by an attorney (or other instructor) and addresses US law concepts that may not apply in all countries. Neither LinkedIn (including Lynda.com) nor the instructor represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views (and legal interpretations) presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- Why bother with a contract?
- Understanding terms, options, royalties, and deductions
- Making provisions for marketing
- Including warranties and indemnity clauses
- Hiring a manager
- Understanding performance contracts
- Getting permission to use samples
- Creating a band partnership
- Record keeping
- Going through mediation or arbitration