The objectives of this assignment are to help you:
- Understand the different roles that agents, managers and lawyers play as it relates to entertainers
- Identify what actions are legally permitted and legally prohibited by agents, managers and lawyers in the entertainment business
- Develop the ability to provide competent advice regarding the various roles agents, managers and lawyers can play
- Apply concepts from your textbook and additional course readings
Review the following definitions:
1. Talent Manager: an individual or company who guides the professional career of artists in the entertainment industry. The responsibility of the talent manager is to oversee the day-to-day business affairs of an artist; advise and counsel talent concerning professional matters, long term plans and personal decisions which may affect their career.
2. Talent agent: any person who, for compensation, engages in the occupation or business of procuring or attempting to procure engagements for an artist.
3. Transactional Entertainment Attorney: a licensed attorney qualified to draft and negotiate contracts (ie. Recording, publishing and merchandising contracts) on behalf of an artist.
4. Unlicensed practice of law: engaging in the practice of law by persons not authorized to practice law which is reasonably likely to induce others to believe that the person is authorized to engage in the practice of law. For instance, preparing any document in any medium intended to affect or secure legal rights for a person or entity or negotiating legal rights or responsibilities for a person or entity.
5. Violation of Talent Agency law: Any person who, without a license, engages is the occupation or business or procuring or attempting to procure engagements for an artist except if said person is representing himself/herself, a family member or one artist exclusively.
Review the following resources:
*Keynote on various roles*
Chris McKee's Video on the differences between an agent, manager and promoter
Review the following scenario:
"Wonderboys" is a local band with a decent central Florida following. The band routinely performs in local venues and occasionally gets gigs in nearby towns including Ocala, Gainesville and St. Augustine. "Wonderboys" consists of three band members: Slick Nick (lead singer), Fried Clyde (guitar) and Jumping Jack (drummer). Snake, one of Nick's best friends from college, has been their number one fan since they got together and acts as their manager, meaning he helps load and unload equipment, he follows up on calls with bars where the band is supposed to play and he makes sure all the band members have enough beer while on stage during shows.
As the band continues to gain popularity, they find that setting up gigs themselves is too consuming and they turn the job over entirely to Snake. He begins orally negotiating deals with all of the venues where the band plays. As the band is still playing in only small venues, there are few negotiation points and at no time is the band ever asked to sign a written contract.
But then one day, the band hits the jackpot. A sponsor for the upcoming "Save the Gulf" concert slated to be held in Atlanta, Georgia, is in the audience for one of their bar shows and thinks "Wonderboys" are the next super band. He approaches Slick Nick after the show and tells him he wants the band to play at "Save the Gulf". He gives Nick the business card of the concert's director and tells Nick to have the band's agent call him to negotiate the terms of a contract for the band to play the show.
Excited, Nick tells the band members and Snake about the sponsor's offer. Immediately, Snake says, "Oh, Im your agent, I'll negotiate the deal for you. "Clyde, who has taken a few law classes, has a bad feeling about Snake's suggestion. He seems to recall that only "real" talent agents are supposed to book engagements for an artist but doesn't remember any specifics. When Snake balks, Clyde says he'll look into it the following day.
In the meantime, Snake calls the concert director just for informational purposes. The director states that not only will they want to enter into a contract for the performance at the show, but they will also want a contract relating to merchandising and possibly publication of a CD down the road.
INSTRUCTIONS:
Clyde calls you and asks how the band should proceed as it relates to the "Save the Gulf" concert. In advising Clyde, you should discuss:
The roles an agent, a manager and an attorney would play in the current situation;
- Any actions that Clyde can or cannot perform;
-Any actions that Snake can or cannot perform;
-Whether the band should hire an attorney and, if so, to do what;
-Any other advice you may have for the band to successfully handle this situation.
Prepare an audio keynote (8-15 slides)
Please be sure to cite your references including the Florida Statute referenced above that you should discuss in your assignment.