Lesson 9 of 46Music BusinessIntermediate

Key man provisions

1:01

Judge Jules explains key man provisions in management contracts, and why they protect you if the individual managing you leaves the company.

Part of the courseLegals & Deals: The Basics of The Music Industry46 lessons (1h 6m)

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Judge JulesYour guruJudge Jules

What's in the course

46 lessons (1h 6m) · 1 free
    • 01. Accounting

      Free lesson

      1:16

    • 02. Termination

      1:29

    • 03. Collection societies and letter of direction

      0:26

    • 04. Commission structure

      2:32

    • 05. Cross platform-multimedia aspects

      0:39

    • 06. Expenses

      1:10

    • 07. Key man provisions

      You are here

      1:01

    • 08. A manager's obligations

      2:33

    • 09. Post term commission

      1:30

    • 10. Should a manager be involved in all aspects of an artist's income?

      1:40

    • 11. Term

      1:46

    • 12. Should a manager manage more than one artist?

      1:24

Lesson transcript

Understanding Key Man Provisions in Management

A key man provision in a management clause reflects the reality that most management companies consist of both individuals and organizations.

Contracting with Companies

  • When I, Jules, the artist, contract with Manager Inc.,
    I'm not actually contracting with an individual;
    I'm contracting with a company.
  • Therefore, the only right I can enforce is against that company.

Importance of the Key Individual

What I truly want is for the individual who has been managing me all this time not to leave. If that person isn't actually the owner of the business but rather an employee, I might face significant issues if they depart.

Potential Consequences

  • A departure could dramatically alter the relationship I have with my manager.
  • It may lead to a significantly worse management experience.

The Role of a Key Man Clause

As a solution, lawyers like myself include a provision known as a key man clause (also referred to as a key person clause these days).

Key Features of the Clause

  • The continuation of the management term is tied to the availability of that key person.
  • This individual is responsible for day-to-day operations and actively managing the affairs of the artist.

In summary, a key man provision ensures that the artist's management remains stable and effective by securing the involvement of a crucial individual within the management organization.

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Meet your guru

Judge Jules

Judge Jules

Jules O'Riordan has over 30 years of experience across the entire spectrum of the music industry. This includes nearly a decade as an A&R for the Universal umbrella of labels, 15 years as a presenter on BBC Radio 1, over 150 record releases and remixes in his own capacity as a recording artist, plus a 30-year career as one of Britain's best-known, globally-travelled DJs (Judge Jules), with over 5000 gigs under his belt, plus extensive experience as an event promoter and artist manager at the highest level.

Suffice to say, Jules knows the music industry inside-out, and his clients regard him as a trusted advisor for whom no legal or business affairs challenge or problem is too large or small.

Jules has been a lawyer for 10 years. His practice takes in the entire breadth of the music-focused entertainment industry. His legal and deal expertise includes management, recording, publishing, distribution and label services, music-based apps, games and tech projects, production deals, producers, featured artists, endorsements, merchandising, neighbouring rights, TV/film scores, live performance, events and venue agreements, plus copyright and rights infringement and many other disputes.

Jules's clients include artists, management companies, record labels, songwriters, event promoters, producers, music tech businesses, production companies, live agents, music publishers and DJs. He has spoken on many panels and seminars including ADE, Brighton Music Conference and AIM events, and has been a guest speaker on legal issues across a number of on and off-line media outlets, including BBC Radio 5 Live, BBC Introducing, Financial Times, The Sun, The Times and Mixmag.

Jules speaks fluent Spanish.

Who better to demystify the contracts and deals every musician eventually faces? In his course, Jules turns three decades of hard-won industry knowledge into plain-English guidance, so you can understand the business side of music and protect your work long before you sign on the dotted line.

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