Contract With Artist

[artistmanager67]

What is the name of your state (only U.S. law)? CALIFORNIA

There is the issue of what type of contract or contracts do i need to protect myself for this type of situation.

I am artists manager
He writes lyrics
I write/arrange all music,
I came up with the band name
but will co own w singer.


Since i will not be in the band at my choice, I PREFER TO MANAGE. This enables him to sign without other band members. Or can i sign label deal with him but not be in the band. What about mechanical royalities, publishing, name owner ship, label deal, manager deal. Its so confusing since i am involved in alot more than just Management of this artist

 

[FlyingRon]

The mechanicals have nothing to do with the band. It goes to the copyright holder (or whoever is acting as their agent). Similarly for the performance royalties. Traditionally, a songwriter sings with a PUBLISHER, again this has nothing to do with the band. A band signs with the record company for the actual recordings.

Do you have "a label deal" or is this wishful thinking? Tons of songwriters don't perform their songs. Quite a few really shouldn't.

 

[artistmanager67]

Thank you for your reply but the main answer to my question was the type of contracts i have with an artist, when i am wearing several hats.

I understand the publishing, what i meant in regard to mechanical royalities is besides publishing the label pays the Artist a royality from the cd sales. Usually 13 points, and since i also preform the music, or get work for hires on the parts i don't how would i work out getting my share of the points thats do not need to be paid to band members. But really this is the least worry my main focus is as i stated.

Oh and so you know, i have been in bands that have gold and platinum records, and its not wishful thinking, unlike your cover gig at a holiday inn, or wherever you play

 

[FlyingRon]

If you're so involved, then you should know the answer.

Songwriters work through the publishing deals (and eventually through HFA in the mainstream US industry). Performance rights to to the songwrither through the PRO (ASCAP, BMI, SESAC) that they are involved in. As I stated before NONE OF THIS HAS SQUAT TO DO WITH THE BAND. The songwriters make their own deal.

 

[artistmanager67]

I do appreciate your response, but often bands split things equally so everything in those cases would deal with the band.

Regardless I thank you for your help on that issue and here is what gather from your advice.Since we are both writers and preformers, we would split mechanicals, and publishing etc..

My final question on that subject is this,

Would a co-writers agreement along with the copyrights in both our names be the best way to cover this?

Now i have another question regarding the name, should we do a co-branding agreement or what would be best?

Final question is, i would also do a seperate Artist management agreement since i am the manager?

So these agreements below should cover all the necessary areas?

1] co-writers agreement

2] co-publishing agreement

3] copyright the material as co-authors.

4] Personal Management contract

Thank you very much for your time, and i am sorry about my insult in the earlier reply of mine.

Look forward to your thoughts regarding the other issues as well

 

[FlyingRon]

I think if you are serious about calling yourself an artist's manager you get the services of a good lawyer in the field. Few here are lawyers and we really can't advise you. The song is copyright the minute it was written down or recorded. You're confusing registration (a good idea but not required to establish rights). Yes, the most you can to make sure that those involved understand who owns what NOW before it becomes a issue of contention later.

 

[artistmanager67]

Yes i agree i will consult an attorney of course. I just wanted to get some opinions to see if i might have overlooked something, or maybe someone else had been involved in this kind of situation and had some good advice. After all this is a free advice forum not free advise forum [lol].

But Ron your advice is good and thats what i wanted, i was hoping for some more advise possibly on the names of the best agreements or the different types of agreements that i could look into before consulting with an attorney.

But my main concern was to make sure i address the issues before they are issues. That advice you did say and seriously i thank you for your time, and thoughts on the subject it did help.