2.0 Making A Commitment

2.1 The Danger of Delay

What should the artist do once he or she has found a suitable manager prepared to take an interest? Most artists (certainly those at a preliminary stage in their careers) are reluctant to enter into discussions with a new manager about the formal terms which should apply. They are particularly shy about making a long term commitment. Likewise, many managers are reluctant during the early stages to ask an artist to sign a contract for fear of giving the wrong signals. This kind of approach benefits nobody. The manager is unlikely to perform to the best of his or her ability unless he or she feels confident and secure in his or her relationship with the artist. If the artist consistently avoids any discussion over the formal terms which are to apply then the uncertainty is likely to lead to problems; either there will be a dispute as to the basis upon which the manager has been working or illwill may develop as a result of one side feeling let down by the other. Of course, the artist (and the manager for that matter) should exercise some caution before committing to a long term arrangement. Nevertheless, this does not justify burying one’s head in the sand; immediately the artist and manager begin working together efforts should be made to formalise the arrangements.

2.2 Procedure

The management contract is usually prepared by the manager or his or her solicitor and presented to the artist. It is important from the artist’s point of view that he or she receives expert independent advice from his or her own solicitor. Moreover, it is also important from the manager’s point of view that the artist is independently advised (see Part II below). Many managers are reluctant to incur legal fees in relation to a management contract because during the preliminary stage there is usually no income being generated by the project. Artists tend to be still less inclined to incur legal fees usually for the simple reason that they can ill afford to do so. Unlike a recording or publishing agreement no money is payable to the artist upon signing a management agreement. Despite these constraints, it is important that both parties to a management contract are properly advised. There need not be protracted (and therefore expensive) negotiations between lawyers. Before the lawyers are instructed the parties should attempt to agree between themselves the basic principles which are to apply (although each party should accept that whatever is agreed will be subject to legal advice). This Guide may, of course, assist in that process.