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Management Agreements and Related Issues (Part 2) - Page 2

© Kent Newsome

Obviously, the more the musician is unavailable to perform, record and otherwise further his or her career, the harder it will be for the manager to make the musician successful. Managers will often strongly resist these types of restrictions, but I have found that if it is important to the musician, managers will generally agree to certain limitations on their ability to control the musician=s schedule.

G. Manager's Compensation.

1. Sample Provision.

(a) In consideration of the services rendered by Manager to Artist hereunder, Artist hereby irrevocably assigns to Manager, and Artist shall pay to Manager, as and when received by Artist or applied in Artist's behalf, a sum equal to ______________ percent (___%) of Artist's Gross Compensation (the "Manager's Fee"); provided, however, that the Manager's Fee solely with respect to Artist's live concert appearances shall be ____________ percent (___%) rather than ____________ percent (___%). Notwithstanding the foregoing, the Manager's Fee with respect to Gross Compensation that is earned by Artist after the Term in connection with agreements entered into by Artist during the Term shall be limited to Artist's Gross Compensation (including publishing income) from all phonograph record albums, cassette tapes, compact discs and other media (collectively, ARecordings@) embodying Artist's performances which are commercially released after the expiration of the Term up to and including the second new in-studio album.

(b) Subject to Section (a) above, the Manager's Fee shall be paid to Manager as and when Gross Compensation is received by Artist, without any limitation of time, directly or indirectly, or by any person, firm or corporation on Artist=s behalf pursuant to (i) any and all contracts, engagements and commitments entered into or negotiated during the Term, (ii) any and all extensions, additions, substitutions, renewals, replacements, modifications and amendments of all such contracts, engagements and commitments referred to in (i) above, (ii) any and all copyrights and publishing rights in musical compositions written, composed, arranged or adapted in whole or in part by Artist prior to or during the Term, and (iii) any and all judgments, awards, settlements, payments, damages and proceeds relating to any suits, claims, actions, proceedings, or arbitration proceedings arising out of alleged breach, non-performance or infringement by others of any of the contracts, engagements, commitments, other agreements or rights referred to in (i), (ii) or (iii) above, all of which regardless of when entered into, when performed and when effective. Any monies due to Manager resulting from subparagraph (iv) above, shall be computed after first deducting counsel fees and disbursements incurred by Artist in connection therewith.