Posted on July 4, 2010.
Agency agreements: some key In the world of film, art and music, the most talented artists of considerable influence or are represented by agents who are entrusted with the responsibility to try to find work for the artist. For the new actor, musician, writer or director, an agency contract can be an intimidating document. This article will shed light on the most important provisions of a contract of agency and what the new artist should visit before signing.
1. The scope of representation.
An artist must first decide how they want broad representation from their agent to be. Does the artist want their agent to represent them only in one area such as filmed entertainment? Or do they want an agent who will make the rounds of all sorts of areas, looking for offers in the world of television, commercials, theater and music? Some officers have a specialty and only works in that environment, but some agents, if given the chance, an artist wishes to represent in all areas. The artist has to decide if it wants to have different agents for each carrier or agent in all areas.
In addition, the artist must decide if she wants to represent his agent in respect of one or more of its existing works, or in respect of all its existing and / or future work. A writer, for example, may want to hire an agent to represent it regarding one finished script, or in respect of all future scripts, it can produce. And this scope about geography? A world renowned artist must decide whether their agent will be representing the four corners of the world, or simply in one country or region.
Overall, it is important to the artist to determine the scope of the representation of the agent and his lawyer have the respective draft provisions accordingly. Typically, the agent will be given to the representation of exclusive rights in one or more of certain artistic media (film, television, music), and one or more geographical regions, and the agreement should clearly define what art media and what geographic representation covers.
2.Term of the agreement.
The following provision addresses the important question of how long the contract should remain in force and if and when it is terminable by either party. Agents tend to ask for at least a three-year exclusive agreement, sometimes more. However, counsel advised of an artist should try to include a termination clause that the agreement is terminated by the artist after a certain period of time, perhaps six months or a year, if the agent fails to meet certain parameters. The key here is for the artist to include a termination agreement so they can resume exclusive representation rights if the officer has failed in its efforts to reach an agreement.
3.La Commission proceeds.
The agent receives compensation by taking a percentage of all jobs, it performs on behalf of the artist. The rate of agent commission is usually defined by industry standards including, typically 10-15% in film and television, and slightly less in music. A new artist with little influence will be a very difficult time for negotiations to this commission, but want to ensure that their agent of the Commission is consistent with industry standards, and not unjustifiably higher. The artist should also note that if the scope of the agreement on the representation is broader than that which the general agent services, the agent may receive a percentage higher for areas outside their specialty .
Article 4.Key Person.
Finally, if an artist signs a representation agreement with a particular agency, it may want to include a person "key" clause. Usually, an artist will work closely with a particular agent in that organization. Like many "players" in Hollywood, agents tend to move.
