Join Richard Stim for an in-depth discussion in this video Liability and safety, part of Music Law: Recording Management Rights and Performance Contracts.
- There's always some risk…at a live performance, after all,…a crowd of strangers, some of them intoxicated,…has gathered in a dark, noisy environment.…For that reason, performance agreement riders…sometimes include measures to secure the concert area.…For example, a rider may set forth a specific number…of security persons working the show…and even where they should be stationed.…A performance agreement may also reflect…attempts to shift any potential liability…for injuries or damages from the artist…to the venue or vice versa.…
Often it's in an artist's best interest…to include a rider requiring that the venue…provide certain insurance coverage.…That is, the venue pays an insurance company…and if someone is injured, the insurance company…pays for the damage.…Most venues have adequate insurance,…but even if a club owner verbally assures…an artist of insurance, it's best to get it in writing.…That way if a problem occurs and the venue…doesn't have insurance, at least the artist…has a contractual basis to go after the venue.…
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