Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
YOU AND YOUR AGENT
So you’ve decided to be a professional. All that singing in church and cracking jokes at kiddies’ parties won’t do you anymore. So you change your wardrobe and include a lot of bling in it. The next thing you might need to do to up your swagger is to get an agent or manager. Everyone knows that any important person or person-to-be never speaks or hustles for themselves.
In any case, it’s not only good for your profile to have an agent, it is may be practical. As a creative person, you may not have the necessary time, skills, resources and connections to effectively promote yourself and your work. Thus, to be taken seriously before you grow old, it might be a good investment to get an agent.
Very simply, an agent is a person who has authority to create legal relations between you and others, and this agent could be an individual or a company. In any situation, it’s best to have a good relationship between you and your agent.
Before I go on, here's a word of warning: always maintain a relationship with a good lawyer, agent or no agent.
That said, note that there may be some popular agents who are very good at getting delicious deals for entertainers but who may not be right for you. It is prudent to pick an agent who may not be so connected but who is passionate about working well with you and for you.
In Nigeria of today, you’ll hardly find statutes concerning entertainment industry/talent agents. Yeah yeah, we know it’s long overdue. However the good news is that you can make your own rules by contract. You must make your own rules by contract. This is very important. It does not matter if the agent is your cousin or your church member, this is business. The contract will determine most of the issues of your working relationship with your agent.
Here are some things you should bear in mind when drawing up such a contract:
1. Write it down. Generally, you may create an agency relationship by oral or written agreement. It could even be created by your conduct. However, it is most advisable to put the terms of the agency in writing; it can save you a lot of doctor appointments later.
2. It is wise to agree on the core duties of your agent and other obligations. Usually, the main duties of an entertainment/talent agent include finding work opportunities for you and negotiating the terms of those opportunities. As the agent is the manager of your career, both of you have to be on the same page.
There are certain fiduciary duties that come along with the position of an agent, but I won’t go into that now, talk to your lawyer about them.
3. Retain the final say. Generally, an agent may enter into contracts for you, but it is advisable that you contract to always have the final say on what you want to do. It is possible that the agent knows and understands the industry more than you do, and you may have to defer to his/her ‘higher wisdom’. All the same, some deals may go against your personal ethos or convictions, thus, retain the final right of contract and deals approval, make your concrete approval and signature compulsory to seal any deal. Do not take things for granted.
4. The agent’s gotta earn some money off you, it’s only natural. Decide on the mode of remuneration. Most agents are paid by a pre-determined commission (a percentage) on the income recieved by the principals.
It’s most advisable to expressly define the income from which the agent may deduct his/her commission. It’s usually best to limit the commisionable income to that derived from live shows and performances or endorsements that the agent helped to bring in.
While on the subject of money, it possible that the agent will incur certain costs and expenses on your behalf, agree on the mode and frequency of reimbursement.
5. Most agents represent entertainers on an exclusive basis. This means that anyone who wants to enter any professional deals with you must go through the agent. If your agent has been tested and trusted, it may be wise to hire him/her on an exclusive basis. However, nothing stops you form contracting to change this.
6. Agree on the term/duration of the agency relationship. You can always include the option of renewal of the agency relationship if it works out well.
Bottom line: be wide awake on issues concerning you and your agent. It could make or mar your entertainment career.
© 2010 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
