Friday, June 3, 2011

NOT ANYONE CAN BE AN ARTIST MANAGER!!!!

Many but not all people that are looking to make money fast in the music industry that do not have an actual talent become an "artist" manager. More than likely they have little to no experience in the industry but think if they can drop a couple of names that an artist will follow. Sad to say that is what happens most of the time and the artists spends a lot of time and money and gets no where fast. Here are some tips on finding yourself a good manager that would be able to help develop you as an artist and not only make money for himself but you too. You both should be laughing all the way to the bank together.

Artist Management and the Contract
Personal managers play a very significant role in the lives and careers of artists. This article will explain that role 
briefly, and will discuss important issues to be addressed when developing an agreement between an artist and 
manager.
The manager's primary job is to serve as a liaison between the artist and the groups or individuals with whom the 
artist will deal. In the music industry, these groups and individuals would include the artist's record label, 
publishing company, booking agent, business manager, etc. Also, the manager usually has experience in the 
business aspects of the music industry that can help to guide the artist in his or her career and in handling 
day-to-day administrative needs. Typically, a manager will advise the artist in matters related to marketing, 
publicity, promotion, employment and image.
When an artist and manager decide they want to work together, they usually will enter into written contract. The 
purpose of a written management agreement is to define the relationship between the artist and manager, and 
to outline the roles of each party in that relationship. Some artists and managers claim to have such good 
working relationships that a written agreement is unnecessary. These types of arrangements can be successful.
However, a contract still is recommended because it allows the parties to outline and define their business 
relationship in writing. This helps to avoid disagreements or discrepancies that may arise later if the parties 
cannot remember exactly what their agreement was.Before a manager and artist sign the written agreement the 
parties usually negotiate important issues that each party feels needs to be addressed in the contract. 
Negotiation is a process of discussion to determine each party's needs and concerns; successful negotiations 
always are based on compromise and solutions. Therefore, when parties begin to negotiate an agreement, they 
should not view the process as adversarial. Instead, they should look upon the process as a puzzle they are 
attempting to solve. Just because one party has a question or concern does not mean he or she is resistant. 
In fact, most often, he or she is just seeking some assurance. Rather than viewing the other party's needs and 
suggestions as a problem, negotiating parties should work to develop alternative, creative ideas and rational 
solutions that meet both party's needs. In most cases, such dialogue will not only resolve issues, but will help 
the parties to understand the other better.
Believe it or not, many contract negotiations fail to establish productive relationships because one or both 
parties is unwilling to discuss its needs and desires for fear of looking weak. If an artist says to a manager, 
"I want you to make me a mega star in one year", but the manager is incapable of achieving that goal, the manager 
should discuss his goals and abilities with the artist immediately. Otherwise, the parties may end up going through 
a lengthy negotiation process and sign a contract, only to have the relationship fail a year later because the 
manager thinks artist is unrealistic and wasting the manager's time, and the artist thinks the manager is incompetent.
The most important issues to be addressed in the contract are
  • the term, or time frame, of the agreement,
  • the services to, and/or responsibilities of, each of the parties,
  • compensation to each party, and payment of expenses, and
  • the authority of the manager. 

The Term of the Agreement

During the negotiation process, the parties should discuss the term of the agreement how long it will last between 
them and if the contract will extend on a regular basis. The manager will need time, and sometimes his or her own 
money, to develop the artist to the point that the artist can pay the manager for his or her time and expenses. The 
artist should understand this and be realistic. The manager obviously sees potential in the artist enough to make 
a commitment of his or her own resources and should have a vision or plan for achieving the artist's goals. However, 
it may more than one year for the artist to develop into that mega star. The agreement should allow the manager a 
reasonable opportunity to meet the artist's objectives. Of course, if the manager is not performing his duties 
and/or producing the success promised or expected, the artist should be able to terminate the contract within a 
reasonable period of time. Given these issues, a typical contract term is one to three years. Any option to extend 
the agreement should be mutual after this time.

The Duties and Responsibilities

One way to facilitate the success of a partnership is to negotiate the responsibilities and duties each party in the 
agreement to be signed. For instance, it might be included that the manager agrees to counsel and advise the artist 
in his or her career, and to handle the artist's administrative needs. The artist may simply agree to be available, 
when called upon to do so by the manager, to perform his or her functions as an artist within the industry. Of course, 
the parties could be more elaborate and include specific duties of the manager, along with detailed performance 
clauses. One example would be to specifically state: "The Manager shall assist the Artist with respect to the selection, 
supervision and coordination of those persons, firms and corporations who may counsel, advise, procure employment, 
or otherwise render services to or on behalf of Artist, such as accountants, attorneys, business managers, publicists 
and talent agents."Sometimes, performance can be measured only in dollars, so performance clauses may obligate the 
manager to assure that the artist makes a certain amount of money each year. So long as the artist's income increases 
by the specified percentage each year, the manager can continue to exercise options to extend the term of the 
contract. However, some managers will be reluctant to place specific duties in the contract, for fear that a 
disagreement might arise over the way the manager performed a duty. Even if the manager succeeded in 
achieving the artist's objectives, if he or she used methods not specific to the contractual language, he or she 
could be sued by the artist for breach of contract. 

The Manager's Compensation and Payment of Expenses
Not surprisingly, the terms of an artist-manager agreement that are most frequently argued about are 1) how much 
willthe manager be paid? 2) in what form will the manager will be compensated?  (3) who will pay for the expenses? 
Conflicts sometimes arise when the band views the manager as simply taking a percentage of their earnings. In fact, 
artists do not have to hire managers. Manager are employed by the artist to perform a service, and an effective
 manager one who helps the artist to make money and become more successful should paid accordingly. Because 
the success of the artist usually is measured in dollar amounts, the manager will take a percentage of what the 
artist makes. Ultimately, a band should never think the manager is taking money from them. They should consider 
that everyone is working as a team for the success of the business, with each person taking on a specific role. 
Without the manager, the band would not have as much income to distribute.To limit disputes later, the agreement 
should specifically set forth what percentage the manager will receive from the artist's income, and from which 
income sources this percentage will be calculated. It is typical for a manager to receive 10 to 20 percent of the 
artist's gross income from all sources (e.g., recording, performing, songwriting, merchandise, etc.). The manager is 
helping to develop and exploit the artist's talents in these categories and should be compensated for that work. 
To reduce discrepancies, each category should be specifically listed and defined in the agreement so that all 
parties will understand. 
Article contributed by J. Scott "Skip" Rudsenske and James P. Denk 
Let us know if you are having problems looking for a Management Team and we will be more than happy to Direct you.

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