Should the artist take legal advice?
Lesson time: (1min 5sec)
Judge Jules explains why an artist should always take independent legal advice before signing a management agreement, and how courts view unrepresented artists.
Course preview
This lesson is part of the course Legals & Deals: The Basics of The Music Industry
Watch a preview of the full course below.
Lesson transcript:
Importance of a Written Management Agreement
Not only is it in the interest of the manager to have a written and signed management agreement,
it's also crucial for the artist to have taken legal advice.
Legal Implications for Artists
There is judicial case law indicating that:
- Artists who have signed long-term management agreements without legal advice can, albeit by jumping through some legal hoops, get out of the agreement.
The courts often presume that:
- The manager is the more experienced party who knows more about the industry.
- This could lead to the conclusion that the manager used undue influence to encourage the artist to enter a management agreement.
Therefore, an artist must be legally represented. It is in the best interest of the management to ensure this happens.
Manager's Contribution to Legal Costs
Frequently, the way this is accomplished is by the manager:
- Contributing towards the artist's legal costs.
- This ensures that the artist is legally represented.
By doing so, it helps create a legally watertight contract that cannot be easily challenged later on.
About the instructor
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. read more