MUS101 Unit 3

What are the duties of an entertainment attorney?

To handle Transactional Services, such as drawing up contracts, to handling copyright and licensing direction.

In what ways are they compensated? (entertainment attorney)

Through Hourly Fee: 100-400 per hour

• Annual Retainer (guaranteed # of hours at a specific hourly rate)

What are the duties of a entertainment manager?

Help to advance the artists career, are responsible for running artists business’s, responsible  for the artists financial transactions, responsible for producing the act.

In what ways are they compensated? (entertainment manager)

Is based on the artists gross income, 15-25%.

• ex. Performance income, recording income, publishing income, merchandise income)

What is a key person clause?

Is a AFM franchise agreement in hiring a specific agent that is assigned and named to a musician.

What are performance benchmarks?

Having a specific task outlined and time frames associated that allow an artist to break contract if not reached (ex. Land a recording deal by a certain date or recording a specific gross income).

What is fiduciary power of attorney?

An agreement to turn over powers that allow the manager to sign and approve contracts in the artists absence.

What is the role of a talent agent?

Their job is to book and route tours- is employment for performing artists, falls under the labor laws of the United States.

In what ways are they regulated? (Talent Agents)

By state license laws, Unions (SAG, AFTRA)

How are they compensated? (Talent Agents)

Through a percentage of a specific booking, 10-20%.

What are the three main duties of a talent agent?

1. SELL the roster of artists to specific venues or promoters

2. SIGN artists to their rosters

3. SERVICE the artists before, during, and after the show

What are the four career steps for an agent?

1. Music Central- ie. “Mailroom”

2. Agent Trainee- ie. “Open Desk”

3. Line Agent

4. Responsible Agent (RA)

What is an exclusivity clause?

Is when artists must refer business contracts to an agent.

What is the role of a producer?

Facilitate and direct creative control over a project. They help artists make sellable recordings within a budget.

How do we define the term “professional musician”?

Through consistency, gets paid for performing the vast majority of gigs plays, lives up to the standards of a professional.

• ex. On time, keep a schedule, establishing own rate, be prepared, don’t double book

What is SAG-AFTRA?  Who does it represent?

SAG- Screen Actors Guild

• Represents actors, signers, and instrumentalists who act on a screen (film)

AFTRA- American Federation of TV and Radio Artists

- Represents professional signers, broadcasters, DJ’s, etc

What are the 20 rules of professional performance?

1. Learn to accept a wide variety of gigs. You never know what connections you are making 

2. One time is late. Early is on time. 

3. Keep a written schedule and always have it nearby 

4. Always ask about compensation, never assume 

5. Ask about appreciate dress and etiquette 

6. Establish your own “rate”. Do not undervalue yourself.

7. Sign contracts- always have details in writing- bring to gig 

8. Thank the leader- thank the employer

9. Return calls/emails promptly, make yourself accessible

10. Be a team player- help set up and load out 

11. Be prepared. Show up with all the needed instruments, accessories, etc 

12. Don’t double book and try to sub yourself out. They hired you, not your stunt double 

13. Don’t be shy. People love humble people, but they don’t hire them

14. Don’t be arrogant, confidence is one thing, arrogance is another. There is always someone better and he/she may be sitting next to you on the big 

15. Only accept work you are qualified to do

16. Treat the audience well. Musicians get paid as much for how they treat the audience as they do for how and what they play

17. Have a list of subs that you can suggest if you are busy, you will quickly find yourself on their list too

18. Network at every opportunity. Meet all the other working musicians. They run bands too.

19. Stay off your phone 

20. Keep good financial records

What is the role of an arts administrator?

Is to represent non-profit legit music instead of profitable commercial ventures.

How are the fine arts funded?

Through outside funding- through organized and ongoing campaigns and endowments to fill the gap.

What 5 additional sources of funding are available for arts organizations?

1. Art Societies (Symphony Guild, Art Partners, etc)

2. National Endowment for the Arts (NEA)

3. Corporate Foundations

4. Organizational Endowments

5. Trust Funds

What is Actors Equity Assoc.?  Who does it represent?

AEA (Equity), Is a labor union which represents stage managers and actors.

What is the AFM?  Who does it represent?

American Federation of Musicians, represents musicians in both the United States and Canada by providing fair wages and other benefits.

What does union scale mean?

Represents compensation and wages that is present between a union and musician.

What are the jobs of a concert promoter?

1. Prepare Budgets

2. Calculate the expenses

3. Tie local promotion (radio, tv, socials, etc)

4. Set kill date

5. Contract the facility

What are the two ways to contract a facility (venue)

1. Complete= All the services are packaged together, is a preferred way, less variables and bills are involved

2. 4 Walls= Everything is Ala Carte, essentially just renting the four walls, the venue, not the stuff

Explain the 4 main fee structures for concert tours

1. Flat deals= base guarantee

2. Straight percentage (door deal)- splitting the door with the act

3. Plus deal- hybrid of the two previous deals, guarantee+ % of door (90-95%)

4. Versus Deal- guarantee vs % of the door, whichever is greater

What does “cross collateralization” mean?

If one venue sells well for a tour, profits go toward marketing/funding for another part of the tour that did not sell well. Is recoupable.

What do we mean by the “secondary ticket market”?

Is the resale of tickets that were originally purchased by fans and then resold on apps such as Ticketmaster. Are not sold to by the box office.

What are work dues?  How are they calculated?

What musicians pay to unions that are calculated from the musicians earning, ranging typically from 2-5% out of their scale wage.

What is the Music Performance Trust Fund?

Is money that is set aside by recording companies as a compromise to live musicians for their recordings and the consequences of having recorded music instead of live music.

How is the MPTF financed?

Royalty streams of record labels.

What is the status or problem with the MPTF today?

The current state of funding for the recording industry, artist complications, funding being distributed amongst chapters.

What criteria might be involved in selecting members for a arts board?

• Having a bachelors or Masters in Arts Administration

• Has strong Organizational Sales/People Skills

• Financial Training

• Internship Experience

What do we mean by the “circle of influence”?

By exploring a range of musical techniques that build together an artists personal style.

Who may be involved in concert co-sponsorship?

Local businesses, radio stations, big brands.

What do we mean by “scale the house”?

Setting ticket prices at a specific pricing based on seat locations, such as higher in front, lower in back to enhance revenue.

What do we mean by the “transfer of wealth”?

Is the transfer of ownership regarding music assets.