Representation.
WHAT AN AGENT TYPICALLY DOES
Finds work and negotiates terms, for a commission.
WHAT A MANAGER TYPICALLY DOES
Guides the career and coordinates the business, for a percentage.
WHAT A LABEL OR PUBLISHER TYPICALLY DOES
Funds, releases and exploits work, in exchange for rights and a share.
WHAT TO ESTABLISH BEFORE SIGNING ANYTHING
What they actually do What they take For how long Over what income What happens when it ends
WHY OVER WHAT INCOME
Commission on income they did not generate is common and it should be negotiated.
WHAT TO EXAMINE
Whether commission applies to work you found yourself Whether it continues after the relationship ends Whether the term renews automatically
WHY POST-TERM COMMISSION
It can continue for years on deals made during the term.
WHAT TO ESTABLISH ABOUT TERM
A defined period, with a way out.
WHAT TO BE CAUTIOUS OF
Exclusive arrangements with no performance obligation Assignment of rights to the representative Broad authority to sign on your behalf Advances that are heavily recoupable
WHY PERFORMANCE OBLIGATIONS MATTER
Exclusive representation by someone who does nothing prevents you working with anyone else.
WHAT TO NEGOTIATE
A minimum expectation, or a right to terminate.
WHAT TO ESTABLISH ABOUT MONEY
Who receives income, and how quickly it reaches you.
WHY
Income collected on your behalf and held is a real risk.
WHAT TO REQUIRE
Statements and the right to examine records.
WHAT TO HAVE REVIEWED
Every agreement, by a solicitor with sector experience.
WHY
These agreements are long, standard-form and heavily weighted.
