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This weeks topic deals with artist management agreements. Post Term Commissions or “Sunset Clause ”: There will be a post-term commission schedule that should apply to specific records that were created and released during the term of the management agreement and the songs in those records, any tours booked but not performed during the term, other elements that you argue about. For a more detailed discussion, see Artist Managment Agreements on the Semaphore blog. MORE
The agreement runs for nearly three From the Hollywood Reporter: AFTRA members have overwhelmingly okayed a contract with the four major networks that covers daytime programming, unscripted (reality) shows, and late night tv. Among the provisions--a two percent wage increase. MORE
The Directors Guild announced a tentative collective bargaining agreement with the Alliance of Motion Picture and Television Producers (AMPTP). The widely anticipated agreement now increases the pressure on the writers, who are entering the third month of their work stoppage. Whether the writers think the directors' agreement is sufficient remains to be seen. MORE
Obviously, this is not meant as legal advice and you should confirm with your own lawyers how this language might affect your rights under the particular agreement, but it should be a good starting place for any show agreement that is based on the American Federation of Musicians “One Nighter” agreement or the equivalent. This language could be included in a watermark on any pdf version of a show agreement, or placed in the artist’s rider. MORE
First, ownership of a work will belong to the employer if prepared as part of an employee's regular duties, or if created by an independent contractor, pursuant to a written agreement so specifying, and provided the work is among the types of works listed as eligible for this treatment. MORE
This weeks topic deals with artist management agreements. Post Term Commissions or “Sunset Clause ”: There will be a post-term commission schedule that should apply to specific records that were created and released during the term of the management agreement and the songs in those records, any tours booked but not performed during the term, other elements that you argue about. For a more detailed discussion, see Artist Managment Agreements on the Semaphore blog. MORE
Under California law, a party transferring rights to any work made under a work for hire agreement is an employee for purposes of workers’ compensation and unemployment insurance. MORE
General FCC filing of broadcasters contracts Modernization of Media Regulation Initiative online public inspection file station contracts and agreementsBack in October, the FCC eliminated the requirement that broadcasters file contracts and organizational documents with the Commission. See our post here for more details. That change became effective on January 22, 2019 , as noted in an FCC Public Notice released earlier this week. MORE
The satellite TV giant wins in a case that had the high court revisiting a 2011 ruling that put federal law above a California rule. read more. THR, Esq. The Business Television Business THR Online MORE
See also Twenty Questions for New Artists: Record Producer Agreements, Part 1 , Part 2 , Part 3 , Part 4 , Part 5. See also “Artist Management Agreements” on the Semaphore Music blog. 20 more questions for artists 20 questions for new artists producer credits record producer agreements record producer creditsPlease note: This is an installment in a multi-part post. MORE
Like anyone else on your team, you need to engage the producer and this article will focus on the major deal points in record producer agreements from the artist’s perspective. You would expect to pay for hard drives, but you might not expect to pay a rental fee for plugins or outboard gear. The recording budget becomes part of your producer agreement. Your record producer is probably the most important member of your creative team. MORE
The court denied the defendant’s motion, ruling that the plaintiff had no knowledge of the website terms and was not bound by the arbitration clause contained in DSG’s browewrap agreement. Rather, DSG’s terms were presented as a browsewrap agreement, where a website’s terms and conditions are posted on the website via a hyperlink at the bottom of the screen and users are presumed to manifest assent to the terms by use of the website. In Nghiem v Dick’s Sporting Goods, Inc. , MORE
31 to sign an interim license agreement with GMR, which will cover them for playing the PROs songs through Sept. The MIC Coalition. When two rational actors are economically interdependent on one another, disputes tend to get solved at a market clearing price. MORE
See also More Questions for Artists: Record Producer Agreements, Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. 20 more questions for artists 20 questions for new artists recording artists mixer agreements mixers record producer record producer agreements remixer agreements remixers MORE
This weeks topic deals with artist management agreements. Post Term Commissions or “Sunset Clause ”: There will be a post-term commission schedule that should apply to specific records that were created and released during the term of the management agreement and the songs in those records, any tours booked but not performed during the term, other elements that you argue about. For a more detailed discussion, see Artist Managment Agreements on the Semaphore blog. MORE
Handling the Unreasonable Publication Agreement. Using hypothetical publication agreement drafts, this article explores copyright, warranty, representation, indemnity and other traps awaiting unwary Harold Anthony Lloyd, Wake Forest University School of Law, has published Publish and Perish? Here is the abstract. MORE
What should your collaboration agreements include? The post Collaboration Agreement E-book available originally appeared on Entertainment Law Offices of Gordon P. Do you work on creative projects with others? This FREE ebook lays it all out for you so you can: Protect yourself. MORE
The Discovery Network and Comcast have renewed their distribution agreement. The deal takes effect at the beginning of next year. Discovery had balked after Comcast tried a takeover over Time Warner Cable, which failed earlier this year. More here on MORE
Composer and Music Licensing Agreements for Film, TV, & New Media. We’ll navigate typical composing and licensing agreements, shed light on strategies for negotiating the best possible deal, and highlight the most common pitfalls. MORE
From the Hollywood Reporter: The Writers Guild and the studios appear to have reached an agreement, apparently without the kind of bitterness that marked negotiations in 2007/2008 and 2011. MORE
A commonly used, but often misunderstood type of contract used throughout the entertainment industry is the Production Services Agreement. What is a Production Services Agreement? When would I use a Production Services Agreement? MORE
They should review the underlying agreement and applicable law, as well as evaluate the status of the work to be performed under the agreement. Are there any provisions of the underlying agreement that might be helpful in this situation? MORE
The Ryan Kavanaugh studio asserts Netflix tried to drive it out of business, and the complaint confirms that Relativity is now up for sale. read more. THR, Esq. The Business Movies Television Tech Business THR Online MORE
19 Recordings alleges that "American Idol" stars have been cheated of streaming revenue. read more. THR, Esq. Music Music Tech Business THR Online MORE
We’ll be coming back to this soon, but readers should be aware that there’s a loophole in Canada’s Copyright Act that can be closed immediately through the the USMCA trade agreement. Mexico (CUSMA) trade agreement last year. MORE
An empirical study of author rights in Australian publishing agreements in volume 44 of Melbourne University Law Review (2020). Joshua Yuvaraj, Monash University Faculty of Law, and Rebecca Giblin, University of Melbourne Law School, are publishing Are contracts enough? MORE
The duties and authority of this person need to be clearly spelled out and understood. This is the kind of thing that is addressed in a band partnership, shareholder or LLC operating agreement (and you may well be forming a “de facto” partnership as it is), so we will reiterate the importance of having the band agreement drafted by a lawyer. Your lawyer should be able to help you get song split agreements drafted. We’ll cover these agreements separately. MORE
FCC Commissioner Ajit Pai''s office has a statement including the results of his office''s investigation of links between joint sales agreements and ownership diversity. MORE
The deals are similar to the TV/theatrical agreement reached last week. Details: The Hollywood Reporter MORE
Originally posted on MUSIC • TECHNOLOGY • POLICY : Commission Rate : 15% or 20% of Commission Base. Commission Base : Artists will want to make the “Commission Base” as close to a net number as possible, the managers will want to have it be some form of modified gross. For tour income, the typical deductions would be for the cost of sound and lights, opening acts or musicians, some tour personnel, promoter commissions, sometimes booking agency commissions. MORE
See also More Questions for Artists: Record Producer Agreements, Part 1 , Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. 20 more questions for artists 20 questions for new artists producer credits record producer agreements record producer creditsPlease note: This is an installment in a multi-part post. MORE
CBS and Time Warner have announced an agreement that ends the one month blackout for cable subscribers hungry for such hot shows as "Big Bang Theory," "Under the Dome," and "How I Met Your Mother," as well as CBS Sports MORE
See also Twenty Questions for New Artists: Record Producer Agreements, Part 1 , Part 2 , Part 3 , Part 4 and Part 5. 20 more questions for artists 20 questions for new artists recording artists mixer agreements mixers record producer record producer agreements remixer agreements remixersPlease note: This is an installment in a multi-part post. Each post has information relvant to prior posts, so until we get to the “Final” there will be more information to come. MORE
Reblogged from Semaphore Music: Written by Chris Castle. New artists often think that the first person they need on their team is a “manager”. They’ve all heard the stories of the “big” managers who can snap their fingers and make something happen for their clients. The reality is that when an artist is just starting out, those first 1,000 to 10,000 units are just as hard to sell for the new artist using Internet based tools as it is for the big manager with the major label backing. . MORE
See also More Questions for Artists: Record Producer Agreements, Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. Like anyone else on your team, you need to engage the producer and this article will focus on the major deal points in record producer agreements from the artist’s perspective. Please note: This is an installment in a multi-part post. MORE
Historically, the way producers, production companies, and studios went about securing rights in material for their development and production pipeline(s), has been to enter into an option agreement with the owner, author, or subject of the desired project. Shopping Agreements. MORE
General FCC filing of broadcasters contracts Modernization of Media Regulation Initiative online public inspection file station contracts and agreementsBack in October, the FCC eliminated the requirement that broadcasters file contracts and organizational documents with the Commission. See our post here for more details. That change became effective on January 22, 2019 , as noted in an FCC Public Notice released earlier this week. MORE
Many welcome the passing of the renegotiated North American Free Trade Agreement, known as the United States-Mexico-Canada Agreement (USMCA). And now of course they want USMCA to become a model for all other trade agreements–including, no doubt the coming bilateral agreement with the UK after Brexit. It would be a bizarre twist for the Congress to plug one loophole only to allow another through the back door of trade agreements. MORE
Organizations should be reviewing their agreements with the myriad set of vendors that provide software related to remote access. Contracts Software Technology remote access technology vendors vendor agreements work from home MORE
See also More Questions for Artists: Record Producer Agreements, Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. Like anyone else on your team, you need to engage the producer and this article will focus on the major deal points in record producer agreements from the artist’s perspective. Please note: This is an installment in a multi-part post. MORE
The decision reinforces the point that for purposes of establishing a binding agreement with a user – particularly in the context of a mobile app – simplicity and clarity of the user interface is desired. MORE
Tags: artist education 20 questions for new artists managment agreements MORE
The studios make their move to dismiss a lawsuit from a guild that claims that musicians haven't been properly compensated. read more. THR, Esq. Business Movies Music Business THR Online Labor MORE
The owner of Googles has something in common with Paul McCartney. read more. THR, Esq. Business Television Tech Business THR Online MORE
Agreement Related Topics Gordon P. Firemark
MARCH 18, 2017
What should your collaboration agreements include? The post Collaboration Agreement E-book available originally appeared on Entertainment Law Offices of Gordon P. Do you work on creative projects with others? This FREE ebook lays it all out for you so you can: Protect yourself.
Gordon P. Firemark
DECEMBER 8, 2015
A commonly used, but often misunderstood type of contract used throughout the entertainment industry is the Production Services Agreement. What is a Production Services Agreement? When would I use a Production Services Agreement?
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New Media and Technology Law
APRIL 7, 2020
They should review the underlying agreement and applicable law, as well as evaluate the status of the work to be performed under the agreement. Are there any provisions of the underlying agreement that might be helpful in this situation?
Gordon P. Firemark
OCTOBER 5, 2015
Historically, the way producers, production companies, and studios went about securing rights in material for their development and production pipeline(s), has been to enter into an option agreement with the owner, author, or subject of the desired project. Shopping Agreements.
New Media and Technology Law
MARCH 9, 2020
Organizations should be reviewing their agreements with the myriad set of vendors that provide software related to remote access. Contracts Software Technology remote access technology vendors vendor agreements work from home
Media Law Prof Blog
JANUARY 30, 2013
Handling the Unreasonable Publication Agreement. Using hypothetical publication agreement drafts, this article explores copyright, warranty, representation, indemnity and other traps awaiting unwary Harold Anthony Lloyd, Wake Forest University School of Law, has published Publish and Perish? Here is the abstract.
Gordon P. Firemark
JANUARY 7, 2013
First, ownership of a work will belong to the employer if prepared as part of an employee's regular duties, or if created by an independent contractor, pursuant to a written agreement so specifying, and provided the work is among the types of works listed as eligible for this treatment.
Music Technology Policy
MARCH 13, 2012
This weeks topic deals with artist management agreements. Post Term Commissions or “Sunset Clause ”: There will be a post-term commission schedule that should apply to specific records that were created and released during the term of the management agreement and the songs in those records, any tours booked but not performed during the term, other elements that you argue about. For a more detailed discussion, see Artist Managment Agreements on the Semaphore blog.
Gordon P. Firemark
JULY 1, 2013
Under California law, a party transferring rights to any work made under a work for hire agreement is an employee for purposes of workers’ compensation and unemployment insurance.
Music Technology Policy
JUNE 15, 2012
This weeks topic deals with artist management agreements. Post Term Commissions or “Sunset Clause ”: There will be a post-term commission schedule that should apply to specific records that were created and released during the term of the management agreement and the songs in those records, any tours booked but not performed during the term, other elements that you argue about. For a more detailed discussion, see Artist Managment Agreements on the Semaphore blog.
New Media and Technology Law
FEBRUARY 1, 2019
The decision reinforces the point that for purposes of establishing a binding agreement with a user – particularly in the context of a mobile app – simplicity and clarity of the user interface is desired.
Music Technology Policy
FEBRUARY 9, 2020
We’ll be coming back to this soon, but readers should be aware that there’s a loophole in Canada’s Copyright Act that can be closed immediately through the the USMCA trade agreement. Mexico (CUSMA) trade agreement last year.
Media Law Prof Blog
APRIL 2, 2014
From the Hollywood Reporter: The Writers Guild and the studios appear to have reached an agreement, apparently without the kind of bitterness that marked negotiations in 2007/2008 and 2011.
Music Technology Policy
JANUARY 28, 2012
This weeks topic deals with artist management agreements. Post Term Commissions or “Sunset Clause ”: There will be a post-term commission schedule that should apply to specific records that were created and released during the term of the management agreement and the songs in those records, any tours booked but not performed during the term, other elements that you argue about. For a more detailed discussion, see Artist Managment Agreements on the Semaphore blog.
Media Law Prof Blog
JULY 27, 2015
The Discovery Network and Comcast have renewed their distribution agreement. The deal takes effect at the beginning of next year. Discovery had balked after Comcast tried a takeover over Time Warner Cable, which failed earlier this year. More here on
Music Technology Policy
JANUARY 6, 2020
Many welcome the passing of the renegotiated North American Free Trade Agreement, known as the United States-Mexico-Canada Agreement (USMCA). And now of course they want USMCA to become a model for all other trade agreements–including, no doubt the coming bilateral agreement with the UK after Brexit. It would be a bizarre twist for the Congress to plug one loophole only to allow another through the back door of trade agreements.
Music Technology Policy
MAY 15, 2019
The duties and authority of this person need to be clearly spelled out and understood. This is the kind of thing that is addressed in a band partnership, shareholder or LLC operating agreement (and you may well be forming a “de facto” partnership as it is), so we will reiterate the importance of having the band agreement drafted by a lawyer. Your lawyer should be able to help you get song split agreements drafted. We’ll cover these agreements separately.
Gordon P. Firemark
APRIL 11, 2011
Composer and Music Licensing Agreements for Film, TV, & New Media. We’ll navigate typical composing and licensing agreements, shed light on strategies for negotiating the best possible deal, and highlight the most common pitfalls.
Music Technology Policy
DECEMBER 10, 2013
Reblogged from Semaphore Music: Written by Chris Castle. New artists often think that the first person they need on their team is a “manager”. They’ve all heard the stories of the “big” managers who can snap their fingers and make something happen for their clients. The reality is that when an artist is just starting out, those first 1,000 to 10,000 units are just as hard to sell for the new artist using Internet based tools as it is for the big manager with the major label backing. .
Digital Media Law
NOVEMBER 11, 2010
The deals are similar to the TV/theatrical agreement reached last week. Details: The Hollywood Reporter
Music Technology Policy
NOVEMBER 3, 2011
Like anyone else on your team, you need to engage the producer and this article will focus on the major deal points in record producer agreements from the artist’s perspective. You would expect to pay for hard drives, but you might not expect to pay a rental fee for plugins or outboard gear. The recording budget becomes part of your producer agreement. Your record producer is probably the most important member of your creative team.
Media Law Prof Blog
MARCH 16, 2020
An empirical study of author rights in Australian publishing agreements in volume 44 of Melbourne University Law Review (2020). Joshua Yuvaraj, Monash University Faculty of Law, and Rebecca Giblin, University of Melbourne Law School, are publishing Are contracts enough?
Music Technology Policy
MAY 8, 2012
See also More Questions for Artists: Record Producer Agreements, Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. Like anyone else on your team, you need to engage the producer and this article will focus on the major deal points in record producer agreements from the artist’s perspective. Please note: This is an installment in a multi-part post.
Music Technology Policy
MAY 3, 2010
Tags: artist education 20 questions for new artists managment agreements
Broadcast Law Blog
FEBRUARY 14, 2019
General FCC filing of broadcasters contracts Modernization of Media Regulation Initiative online public inspection file station contracts and agreementsBack in October, the FCC eliminated the requirement that broadcasters file contracts and organizational documents with the Commission. See our post here for more details. That change became effective on January 22, 2019 , as noted in an FCC Public Notice released earlier this week.
Music Technology Policy
NOVEMBER 12, 2011
See also Twenty Questions for New Artists: Record Producer Agreements, Part 1 , Part 2 , Part 3 , Part 4 and Part 5. 20 more questions for artists 20 questions for new artists recording artists mixer agreements mixers record producer record producer agreements remixer agreements remixersPlease note: This is an installment in a multi-part post. Each post has information relvant to prior posts, so until we get to the “Final” there will be more information to come.
New Media and Technology Law
JULY 28, 2016
The court denied the defendant’s motion, ruling that the plaintiff had no knowledge of the website terms and was not bound by the arbitration clause contained in DSG’s browewrap agreement. Rather, DSG’s terms were presented as a browsewrap agreement, where a website’s terms and conditions are posted on the website via a hyperlink at the bottom of the screen and users are presumed to manifest assent to the terms by use of the website. In Nghiem v Dick’s Sporting Goods, Inc. ,
Music Technology Policy
DECEMBER 23, 2011
See also More Questions for Artists: Record Producer Agreements, Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. Like anyone else on your team, you need to engage the producer and this article will focus on the major deal points in record producer agreements from the artist’s perspective. Please note: This is an installment in a multi-part post.
Broadcast Law Blog
FEBRUARY 14, 2019
General FCC filing of broadcasters contracts Modernization of Media Regulation Initiative online public inspection file station contracts and agreementsBack in October, the FCC eliminated the requirement that broadcasters file contracts and organizational documents with the Commission. See our post here for more details. That change became effective on January 22, 2019 , as noted in an FCC Public Notice released earlier this week.
Music Technology Policy
JANUARY 9, 2012
See also More Questions for Artists: Record Producer Agreements, Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. 20 more questions for artists 20 questions for new artists recording artists mixer agreements mixers record producer record producer agreements remixer agreements remixers
Media Law Prof Blog
SEPTEMBER 3, 2013
CBS and Time Warner have announced an agreement that ends the one month blackout for cable subscribers hungry for such hot shows as "Big Bang Theory," "Under the Dome," and "How I Met Your Mother," as well as CBS Sports
THR, Esq. Entertainment & Media Law Blog
OCTOBER 18, 2016
The Ryan Kavanaugh studio asserts Netflix tried to drive it out of business, and the complaint confirms that Relativity is now up for sale. read more. THR, Esq. The Business Movies Television Tech Business THR Online
Music Technology Policy
NOVEMBER 21, 2011
See also Twenty Questions for New Artists: Record Producer Agreements, Part 1 , Part 2 , Part 3 , Part 4 , Part 5. See also “Artist Management Agreements” on the Semaphore Music blog. 20 more questions for artists 20 questions for new artists producer credits record producer agreements record producer creditsPlease note: This is an installment in a multi-part post.
THR, Esq. Entertainment & Media Law Blog
SEPTEMBER 29, 2016
19 Recordings alleges that "American Idol" stars have been cheated of streaming revenue. read more. THR, Esq. Music Music Tech Business THR Online
Media Law Prof Blog
MARCH 20, 2014
FCC Commissioner Ajit Pai''s office has a statement including the results of his office''s investigation of links between joint sales agreements and ownership diversity.
Music Technology Policy
JANUARY 13, 2012
See also More Questions for Artists: Record Producer Agreements, Part 1 , Part 2 , Part 3 , Part 4 , Part 5. A post with all the current parts in one post is available here , and see also “Artist Management Agreements” on the Semaphore Music blog. 20 more questions for artists 20 questions for new artists producer credits record producer agreements record producer creditsPlease note: This is an installment in a multi-part post.
THR, Esq. Entertainment & Media Law Blog
SEPTEMBER 28, 2017
The studios make their move to dismiss a lawsuit from a guild that claims that musicians haven't been properly compensated. read more. THR, Esq. Business Movies Music Business THR Online Labor
Music Technology Policy
SEPTEMBER 13, 2014
Originally posted on MUSIC • TECHNOLOGY • POLICY : Commission Rate : 15% or 20% of Commission Base. Commission Base : Artists will want to make the “Commission Base” as close to a net number as possible, the managers will want to have it be some form of modified gross. For tour income, the typical deductions would be for the cost of sound and lights, opening acts or musicians, some tour personnel, promoter commissions, sometimes booking agency commissions.
Music Technology Policy
FEBRUARY 1, 2013
Obviously, this is not meant as legal advice and you should confirm with your own lawyers how this language might affect your rights under the particular agreement, but it should be a good starting place for any show agreement that is based on the American Federation of Musicians “One Nighter” agreement or the equivalent. This language could be included in a watermark on any pdf version of a show agreement, or placed in the artist’s rider.
Entertainment Litigation Blog
JANUARY 17, 2008
The Directors Guild announced a tentative collective bargaining agreement with the Alliance of Motion Picture and Television Producers (AMPTP). The widely anticipated agreement now increases the pressure on the writers, who are entering the third month of their work stoppage. Whether the writers think the directors' agreement is sufficient remains to be seen.
THR, Esq. Entertainment & Media Law Blog
DECEMBER 14, 2015
The satellite TV giant wins in a case that had the high court revisiting a 2011 ruling that put federal law above a California rule. read more. THR, Esq. The Business Television Business THR Online
Music Technology Policy
DECEMBER 27, 2016
31 to sign an interim license agreement with GMR, which will cover them for playing the PROs songs through Sept. The MIC Coalition. When two rational actors are economically interdependent on one another, disputes tend to get solved at a market clearing price.
Media Law Prof Blog
FEBRUARY 23, 2012
The agreement runs for nearly three From the Hollywood Reporter: AFTRA members have overwhelmingly okayed a contract with the four major networks that covers daytime programming, unscripted (reality) shows, and late night tv. Among the provisions--a two percent wage increase.
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