Music Business Handbook and Career Guide 10e Baskerville Instructor Resource. Chapter 8: Agents, Managers, and Attorneys STUDY GUIDE

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1 Chapter 8: Agents, Managers, and Attorneys STUDY GUIDE NAME DATE 1. New artists usually pay personal managers lower percentage representation fees at the beginning of their careers because they simply can t afford to pay the percentages charged superstars. (Refer to page 143) 2. If disputes arise, generally who makes the ultimate decisions for a major act? a. Attorney b. Agent c. Personal manager d. Artist (Refer to pages ) 3. Talent agents or booking agents typically engage musical artists for what kind of work? a. Songwriting services b. Concert or club dates c. Recording contracts 4. As a practical matter, successful booking agents serve the interests of two different parties, the artist and the talent buyer. (Refer to page 146) 5. With the rise of concert tours as an income source, road managers typically end up guiding careers in place of personal managers. 6. A large, national booking agency generally takes commissions of 10 to 15% of the artist s gross income from work generated by the agency or otherwise eligible for commission. (Refer to page 146) 7. California law prohibits personal managers from procuring employment for their clients. (Refer to page 148)

2 8. Personal managers, as the name implies, are primarily responsible for the personal well-being of their clients, leaving most business decisions to attorneys and booking agents. (Refer to page 149) 9. In New York, most personal managers must be licensed by the state as booking agents. (Refer to page 150) 10. California laws limit activities of people representing artists more than do the laws of most other states. (Refer to pages ) 11. An artist may work on a nonexclusive basis with an agency contracted to work with the artist in a limited or specific territory or kind of performance. (Refer to page 147) 12. Lawyers may ethically charge for their services by which method? a. Hourly fee b. Percentage of the deal value c. Monthly retainer e. None of above 13. The most common commission cap range that artist unions impose on booking agents is what? a. 3 5% b % c % d % (Refer to page 149) 14. To save time and legal fees for beginning artists, most experts advise having one experienced attorney represent both parties in a negotiation. (Refer to page 155) 15. In lawsuits such as the Rose Blasi case or the Ke$ha case cited in your textbook, the artists were pursuing which central legal argument? a. Management companies shouldn t earn commissions if they solicit employment for the artist directly. b. Management commissions are unreasonable when high percentages are charged for superstars.

3 c. Management contracts, because they involve personal services, can be terminated retroactively by the artist. d. None of the above (Refer to page 151) 16. Most music business attorneys prefer to negotiate with less knowledgeable adversaries because it gives them an opportunity to get more favorable deals. (Refer to page 153) 17. For most music business attorneys, the majority of their time is spent with transaction work as opposed to litigation. (Refer to page 152) 18. Because of conflict-of-interest rules, it is illegal for an artist s attorney to manage the artist s publishing company. (Refer to page 155) Essay 19. Describe in a sentence how California state law defines the role of a talent agent. 20. Large, full-service booking agencies concentrate on representing acts, including unknown artists and major stars, that regularly appear in venues and towns of all sizes, thus being able to fully serve the industry. (Refer to pages ) 21. Based on the range of representation services that a full-service booking agency usually provides to its music industry clients, which of the following contracts is least likely to be one the agency would ask a client to sign? a. AFM Exclusive Agent-Musician Agreement b. AFTRA Standard Exclusive Agency Contract c. ASCAP Member Composer Agreement d. Agency s own General Services and Materials Agreement (Refer to page 141) 22. A key man clause in a contract between an artist and booking agency typically provides what kind of protection? a. The agency is protected against a band substituting a new member against the wishes of the agency. b. The artist is protected against an agency substituting a new agent in place of the one with whom the artist has established a working relationship.

4 c. The agency and artist are both protected if the artist s personal manager is no longer available to function in that capacity. (Refer to pages ) 23. Which provision is a common feature of union agreements that franchise or license a booking agent? a. Limits on length of artist contracts b. Restriction on non-employment procurement activities by agents c. Limit on jurisdiction to a 300-mile radius d. Both a and b (Refer to pages ) 24. Generally, artist personal managers in New York State are not franchised or licensed by a union. (Refer to page 150) 25. A personal manager for an established touring act typically attends nearly every performance. (Refer to page 152) 26. Which situation would be the most ethically dubious? a. A personal manager is also a licensed attorney b. A licensed attorney is also a personal manager c. A personal manager has an interest in an artist-owned publishing company d. A lawyer represents an artist in a negotiation with a publishing company with which the lawyer has an ownership interest e. All of the above (Refer to pages ) 27. A lawyer who is said to participate in a deal has what role? a. Is actively engaged in creating the first draft of the contract, not simply responding to another lawyer s initial draft b. Leads in meetings where the artist and manager are involved c. Receives a percentage of the deal value as a fee d. Files legal papers with a government body (state or federal) 28. Legal ethics requires that when negotiating on behalf of a band, each member of the group must have an attorney representing his or her interests as an individual.

5 29. The best way for a client to avoid paying an unreasonable legal bill is to discharge ( fire ) the lawyer. Essay 30. If, as part of a contract negotiation, one party takes points in the deal, what does that mean?