Monday, March 14, 2011
AN ASIDE FOR PHOTOGRAPHERS
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
AN ASIDE FOR PHOTOGRAPHERS
Oh, I haven’t forgotten that this is an entertainment-related blog. I happen to find photographs enlightening and entertaining (not to mention awe-inspiring), so, I think we’re still on point. By the way, back up: it’s an aside. Here are some basic pointers (excuse the pun) for those interested in photography.
First off, you must know that your photograph is your property, just as much as your car, your phone, or your clothes. It is called INTELLECTUAL PROPERTY (IP) because the photograph itself, as opposed to the material it is fixed on, is intangible. That does not detract the fact that it is still property worthy of rights and protection.
• Suitability for Protection. Basically, like most other intellectual properties, a photograph is eligible for copyright protection when it is original and fixed on some material or medium on which is can be perceived (or well, seen). It’s irrelevant that the quality is below par, or that you’re an amateur.
• Nature of Protection. The protection is a negative one. It prohibits any other person from doing certain acts in relation to the photograph without the copyright owner’s permission. Such no-can-dos include reproduction, publishing, adaptation, distribution or further exploitation. Of course, they are certain exceptions to the rights of the copyright owner, but I did say we’re dealing with ‘the basics’.
• Ownership. The owner of copyright in the photograph is the person who took the photograph and not the person whose likeness or thing was photographed. It’s amazing how smart alecs say things like: “Mr. Santiago took a photograph of Miss Burrito. He had no right to do that. He’s infringing her copyright.”
Now, the first statement, well, it’s just a statement of facts. The second statement is arguable. It depends on the circumstances; Mr. Santiago may have had some kind of permission or some other legal defence. The third statement, definitely erroneous. Taking a person’s picture does not mean that the copyright of the person’s whose picture was taken was infringed. Some right may be infringed, maybe a privacy, publicity or brand right. But not copyright. The photographer is the copyright owner.
Having said that, I’ll point out that in some situations, the copyright may be not be owned by the person who took the photograph. In cases of employment (excluding employment in journalism), an employee who takes a photograph is the copyright owner, except there is an agreement transferring the copyright from the employee to the employer. Similarly, in commissioned works/works of hire, except there is an agreement transferring the copyright in the photograph(s) to the proprietor, the photographer remains the copyright owner.
• Length of protection. The protection does last forever, no sirree. It ends fifty years after the end of the year in which the work was first published or taken.
Well, I haven’t said much, but I hope something clicks. Ah, that pun thing again.
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Tuesday, February 1, 2011
'COFFEE CALL' FOR ENTERTAINMENT WRITERS
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
‘COFFEE CALL’ FOR ENTERTAINMENT WRITERS
I have a unique love for writers; they are a special breed of people. On this nepotistic note, we start our current discussion: financial compensation for entertainment writers, specifically those writers who write for movies or television. Compensation for writers is a somewhat complicated ball game, and so, we’ll briefly explain the ways by which a writer may be paid. We’ll delve deeper in further discussions on this forum.
Now, it possible that some of the things you’ll read here will go right over your head, however, pay close attention because it will help you to make informed decisions when opportunity comes-a-calling. Plus, I think it’s time to wake up and smell the coffee.
It is important to note that before any payment is determined and agreed upon, the parties (the writer and the producer) must determined exactly what rights are being passed from the writer to the producer, and what the writer will be compensated for. This is because a writer may think he is just writing a story for a regular ‘one part movie’. However, what happens when the movie becomes a raving success and the producer decides to make a sequel (or a regular Part 2), make some T-Shirts, notebooks or other merchandise? Perhaps, some cable television wants to broadcast it. Or what happens when a foreign producer wants to take the movie to Portugal with Portuguese subtitles? All these and a lot more possibilities would bring in more money for the producer, and maybe the writer, too (depending on what rights and possibilities are passed around in the contract). A writer may want to make certain that his/her compensation takes into account possible revenue streams.
Having pointed that out, let’s move on to some of the ‘methods’ of payment. Each of these methods comes with pros and cons, and so it is possible to exploit more than one method for the same transaction (get a smart lawyer).
• Flat Fee. Here, you name your price, haggle a bit, haggle some more, pick up the full amount of your money, and go on your way. Very neat, very straightforward and very common. Just don’t go causing trouble when the story turns into the movie of the year.
• Deferred Fee. With this method, you also agree on the fee upfront. However, you may agree that all or part of the fee may be deferred until a specified point in time. Depending on just how long the deferral will be, the parties may decide that the writer will receive a premium/interest as additional compensation for the deferral.
This would have been a good place to talk about option agreements, but it merits its own separate discussion so we’ll address it later on this forum.
• Partial/Milestone fees. Here, the entire project is divided into different parts, and when a particular part is completed, the writer gets paid a specified amount or percentage of the fees. For instance, the story writer may get some money when the script is developed, when the movie is shot, when the movie is released on DVD, etc.
• Revenue Split/Royalties. The parties may agree that the writer will share in certain identified profits deriving from the story. This may be limited to CD and DVD sales and cinema profits or may include a host of other rights. With this method, one has to pay close attention as profits may be derived from any source whatsoever. It is also possible for writer to get an advance of the sum that may be due to him/her. It is necessary to specify if this is ‘gross profit’ or ‘net profit’ and determine just what kind of expenses are deductible from the profits.
• Or you could do all that work for free!
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
‘COFFEE CALL’ FOR ENTERTAINMENT WRITERS
I have a unique love for writers; they are a special breed of people. On this nepotistic note, we start our current discussion: financial compensation for entertainment writers, specifically those writers who write for movies or television. Compensation for writers is a somewhat complicated ball game, and so, we’ll briefly explain the ways by which a writer may be paid. We’ll delve deeper in further discussions on this forum.
Now, it possible that some of the things you’ll read here will go right over your head, however, pay close attention because it will help you to make informed decisions when opportunity comes-a-calling. Plus, I think it’s time to wake up and smell the coffee.
It is important to note that before any payment is determined and agreed upon, the parties (the writer and the producer) must determined exactly what rights are being passed from the writer to the producer, and what the writer will be compensated for. This is because a writer may think he is just writing a story for a regular ‘one part movie’. However, what happens when the movie becomes a raving success and the producer decides to make a sequel (or a regular Part 2), make some T-Shirts, notebooks or other merchandise? Perhaps, some cable television wants to broadcast it. Or what happens when a foreign producer wants to take the movie to Portugal with Portuguese subtitles? All these and a lot more possibilities would bring in more money for the producer, and maybe the writer, too (depending on what rights and possibilities are passed around in the contract). A writer may want to make certain that his/her compensation takes into account possible revenue streams.
Having pointed that out, let’s move on to some of the ‘methods’ of payment. Each of these methods comes with pros and cons, and so it is possible to exploit more than one method for the same transaction (get a smart lawyer).
• Flat Fee. Here, you name your price, haggle a bit, haggle some more, pick up the full amount of your money, and go on your way. Very neat, very straightforward and very common. Just don’t go causing trouble when the story turns into the movie of the year.
• Deferred Fee. With this method, you also agree on the fee upfront. However, you may agree that all or part of the fee may be deferred until a specified point in time. Depending on just how long the deferral will be, the parties may decide that the writer will receive a premium/interest as additional compensation for the deferral.
This would have been a good place to talk about option agreements, but it merits its own separate discussion so we’ll address it later on this forum.
• Partial/Milestone fees. Here, the entire project is divided into different parts, and when a particular part is completed, the writer gets paid a specified amount or percentage of the fees. For instance, the story writer may get some money when the script is developed, when the movie is shot, when the movie is released on DVD, etc.
• Revenue Split/Royalties. The parties may agree that the writer will share in certain identified profits deriving from the story. This may be limited to CD and DVD sales and cinema profits or may include a host of other rights. With this method, one has to pay close attention as profits may be derived from any source whatsoever. It is also possible for writer to get an advance of the sum that may be due to him/her. It is necessary to specify if this is ‘gross profit’ or ‘net profit’ and determine just what kind of expenses are deductible from the profits.
• Or you could do all that work for free!
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Monday, January 24, 2011
BETWEEN ARTISTES AND MUSIC PRODUCERS
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
BETWEEN ARTISTES AND MUSIC PRODUCERS
I’d say Happy New Year, but with most of January gone, there’s nothing really new about the year anymore, so I’ll just wish you a pleasant 2011 (or what’s left of it).
Today, the train of caution is riding the rails of the artiste-music producer relationship. In Nigeria, these days, this relationship is particularly chummy. Well, there’s nothing wrong with chummy, we just need to be on the ball.
The work of a music producer is not to be underestimated. In a lot of cases, a music producer practically takes some babbling and turns it into something bearable. There’s no denying that the producer does a lot of original work mixing the beats and rhythm, recording the song, and in a lot of cases, writing the lyrics too.
And here comes the mantra: Determine the professional relationship in writing. Apart from making sure that business is business, an agreement clarifies a lot of issues in this relationship which has been taken for granted for too long by the industry.
A lot of things can form the body of the artiste-music producer agreement. These include the determination of who bears the costs of recording, studio fees, the terms and period of the recording and its delivery, and relevant warranties and indemnifications. However, a very important and often overlooked part of such an agreement is the determination of the ownership of the work.
Generally, in sound recordings of musical works, the artist in whose name the recording was made becomes the copyright owner. However, with a lot of original creative work of the music producer going into the recording, this may just be an oversimplification. It never hurts to make things clear.
The situation becomes even more compelling when you realise that under the Copyright Act, the producer may well be deemed a joint owner of the work, and thus, a potential sharer in the proceeds stemming from it.
Please understand that the step to take in this situation is to assign all the interests and rights in the recording. Furthermore, an assignment must be in writing and must be signed by the parties for it to be valid.
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
BETWEEN ARTISTES AND MUSIC PRODUCERS
I’d say Happy New Year, but with most of January gone, there’s nothing really new about the year anymore, so I’ll just wish you a pleasant 2011 (or what’s left of it).
Today, the train of caution is riding the rails of the artiste-music producer relationship. In Nigeria, these days, this relationship is particularly chummy. Well, there’s nothing wrong with chummy, we just need to be on the ball.
The work of a music producer is not to be underestimated. In a lot of cases, a music producer practically takes some babbling and turns it into something bearable. There’s no denying that the producer does a lot of original work mixing the beats and rhythm, recording the song, and in a lot of cases, writing the lyrics too.
And here comes the mantra: Determine the professional relationship in writing. Apart from making sure that business is business, an agreement clarifies a lot of issues in this relationship which has been taken for granted for too long by the industry.
A lot of things can form the body of the artiste-music producer agreement. These include the determination of who bears the costs of recording, studio fees, the terms and period of the recording and its delivery, and relevant warranties and indemnifications. However, a very important and often overlooked part of such an agreement is the determination of the ownership of the work.
Generally, in sound recordings of musical works, the artist in whose name the recording was made becomes the copyright owner. However, with a lot of original creative work of the music producer going into the recording, this may just be an oversimplification. It never hurts to make things clear.
The situation becomes even more compelling when you realise that under the Copyright Act, the producer may well be deemed a joint owner of the work, and thus, a potential sharer in the proceeds stemming from it.
Please understand that the step to take in this situation is to assign all the interests and rights in the recording. Furthermore, an assignment must be in writing and must be signed by the parties for it to be valid.
© 2011 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Tuesday, December 7, 2010
ME, MY GROUP AND I (PART 2)
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
ME, MY GROUP AND I (PART 2)
A little while ago, we started talking about the business of musical groups/bands/duos and we discussed the merits of forming a profit making association to make things professional, satisfactory and generally tidy. Among the things we identified as important to note in a Shareholders' Agreement, we singled out the issue of a group's name as deserving of its own entry because of its pivotal role as the money making tool of the group.
Now, I won't begin to explain the importance of a good name. Forget that it's better than riches, here, it is the riches. You will not believe the pains people go through in naming their business. Everyone knows that a good name is it. It has to sound right. It has to hit you and not get lost in the crowd out there. It must stand out. Personally, I understand when I hear seemingly sane people call their businesses names like 'Coco-Bracada-Merlina'. I mean, diss it all you want, but you don't forget a name like that easily. It usually gets your attention and keeps it. As the brand behind the success and the cash, the group’s name is so important. It is the brand that draws crowds at a show. It is what makes fans buy a CD or merchandise. It is everything in any business, and more so in music business.
Now, imagine the situation of Coco-Bracada, a hypothetical group of four girls (Lily, Rose, Hibiscus and Cactus). They've become so popular even the President dances to their songs. Then, one bright, flowery morning, Hibiscus decides that Rose is too proud and Cactus is too prickly and temperamental and that she does not want to have anything to do with them. So, she and gentle girl Lily form a new group and call it Coco-Bracada, hoping to use the already established name/brand to the advantage of their new group.
Or another situation: Cactus decides that she was the one that came up with such a wonderful successful name which was given to her in a dream. And so, she wants a larger share of the profits earned from the name, even though all she does is back up the lead vocalist.
These are just two of many squabbles which can arise with regards to a name if care is not taken. Still working with that Shareholders' Agreement we started last time, here are a few tips:
1. The agreement should transfer the ownership of the group's name/brand to the company, who as we mentioned before is a separate person under the law. Nothing stops the group members from agreeing that they all own the name. However, a neat and wise way to tidy it is to make the company the brand-owner.
2. The agreement should specify very clearly what happens when one of the members want to leave the group. The best thing to do would be to agree that when such a situation arises, the leaving member will forfeit all rights to the use of the name without the consent of the company. There should be a fair clause that allows the leaving member's interest to be bought out.
3. The shareholders' agreement may make a leaving member entitled to the profits that are derived from the name up to the point when he/she leaves; after all, he/she helped to make that particular money.
4. In a situation where one of the members came up with the group's name, then it may be best to compensate him/her for the 'inspiration'. It should be deemed that this member absolutely sold/assigned the name/brand to the company and compensation should be agreed upon. Lest he/she starts demanding for a greater share of profits.
5. As soon as a name is determined, it becomes a veritable brand deserving of trade/service registration. Even though there is some level of protection for unregistered brands, it's better, in the long run for the name/brand to be registered.
Obviously, I can't tell you everything, but I have tried to help you watch your back.
Merry Christmas. See you in January 2011.
© 2010 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
ME, MY GROUP AND I (PART 2)
A little while ago, we started talking about the business of musical groups/bands/duos and we discussed the merits of forming a profit making association to make things professional, satisfactory and generally tidy. Among the things we identified as important to note in a Shareholders' Agreement, we singled out the issue of a group's name as deserving of its own entry because of its pivotal role as the money making tool of the group.
Now, I won't begin to explain the importance of a good name. Forget that it's better than riches, here, it is the riches. You will not believe the pains people go through in naming their business. Everyone knows that a good name is it. It has to sound right. It has to hit you and not get lost in the crowd out there. It must stand out. Personally, I understand when I hear seemingly sane people call their businesses names like 'Coco-Bracada-Merlina'. I mean, diss it all you want, but you don't forget a name like that easily. It usually gets your attention and keeps it. As the brand behind the success and the cash, the group’s name is so important. It is the brand that draws crowds at a show. It is what makes fans buy a CD or merchandise. It is everything in any business, and more so in music business.
Now, imagine the situation of Coco-Bracada, a hypothetical group of four girls (Lily, Rose, Hibiscus and Cactus). They've become so popular even the President dances to their songs. Then, one bright, flowery morning, Hibiscus decides that Rose is too proud and Cactus is too prickly and temperamental and that she does not want to have anything to do with them. So, she and gentle girl Lily form a new group and call it Coco-Bracada, hoping to use the already established name/brand to the advantage of their new group.
Or another situation: Cactus decides that she was the one that came up with such a wonderful successful name which was given to her in a dream. And so, she wants a larger share of the profits earned from the name, even though all she does is back up the lead vocalist.
These are just two of many squabbles which can arise with regards to a name if care is not taken. Still working with that Shareholders' Agreement we started last time, here are a few tips:
1. The agreement should transfer the ownership of the group's name/brand to the company, who as we mentioned before is a separate person under the law. Nothing stops the group members from agreeing that they all own the name. However, a neat and wise way to tidy it is to make the company the brand-owner.
2. The agreement should specify very clearly what happens when one of the members want to leave the group. The best thing to do would be to agree that when such a situation arises, the leaving member will forfeit all rights to the use of the name without the consent of the company. There should be a fair clause that allows the leaving member's interest to be bought out.
3. The shareholders' agreement may make a leaving member entitled to the profits that are derived from the name up to the point when he/she leaves; after all, he/she helped to make that particular money.
4. In a situation where one of the members came up with the group's name, then it may be best to compensate him/her for the 'inspiration'. It should be deemed that this member absolutely sold/assigned the name/brand to the company and compensation should be agreed upon. Lest he/she starts demanding for a greater share of profits.
5. As soon as a name is determined, it becomes a veritable brand deserving of trade/service registration. Even though there is some level of protection for unregistered brands, it's better, in the long run for the name/brand to be registered.
Obviously, I can't tell you everything, but I have tried to help you watch your back.
Merry Christmas. See you in January 2011.
© 2010 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Monday, November 29, 2010
ME, MY GROUP AND I
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
ME, MY GROUP AND I
I received a new name recently- Rocker of Boat. The person officiating at my naming ceremony accused me, very politely of course, of rocking the boat. The system in place is working for everyone involved, he says, why spoil things with my ‘well-meaning advice’? I received the name with equanimity. I had a question he couldn’t answer, though; can a steady boat be rocked?
In any case, here I come again, a-rocking, and the boat we’re targeting today is the one carrying musical groups/bands/duos. As long as you are singing and you’re more than one person, I’m talking about you. I get personally miffed when the members of talented groups go their separate ways. There’s a whole laundry list of reasons why groups split up, personal, and business (remember the story of Lagos Boys way back on this blog? You can look it up in one of the older posts). Now, I won’t pretend to be a shrink and find a way to solve the personal issues. However, as it relates to the issues concerning the entertainment business/career, I have a thing or two to say.
If you’re in a band, or you are thinking of forming or joining one, please, consider the merits of forming a profit-making association between the group members. This could be a partnership or a company. It will ensure that the musical career is not just for personal fulfilment but also for financial consideration. However, while a partnership will do a good job of keeping things tidy, a company may be a better option because it is a separate person under the law and it limits the personal liability of group members.
Either way you decide to go, you would need an agreement between the group members. This is even more so in the case of a partnership because it is a delicate association that is prone to dissolution if things go wrong. If you are considering a partnership, this would be a Partnership Agreement and if you prefer a company, you may thoroughly spell out your terms in the company’s Article of Association or a Shareholders’ Agreement.
Now, anyone can form a company or draft a regular partnership agreement or shareholders’ agreement. However, you need a good entertainment lawyer to draft that type of agreement between the members of a musical group for the purpose of their musical career/business. I’ll just mention a few things to watch out for while preparing such an agreement, and I’ll assume that you have chosen to form a limited liability company.
1. Who owns the company? That’s a question with a pretty straightforward answer. Naturally, the members of the group should be the owners/shareholders of the company. In the interest of everyone, the members should hold equal shares to prevent squabbling later. It is possible that a major financier or manager will want to be a direct part of the business and hold shares. This is a consideration that should be assessed depending on the situation.
2. Distribution of profits. It seems obvious that the profits should be shared equally between the members. That is until you remember that one member is the lead singer doing the bulk of the singing, and another member paid the studio and engineers that produced the demo that helped the group shoot to fame. And then, yet another member is the major song-writer. Then, distributing profits equally is a sure way to build resentment and make sure that the group does not see the end of 2011 together. It is quite amusing to see a bunch of grown ups bickering like junior secondary school students.
3. The name of the group. As the brand behind the success and the cash, the group’s name is such an important part of a company of singers that it merits its own discussion. This is why I’m giving it its own entry on the blog - Me, My Group and I (Part 2).
4. Accounts and financial records of the company. It is imperative to keep accounts of the company, so that if one member or another person entirely lends the group some money, the money could be treated as a loan to be repaid with interest. Since the company will be making profit, it is important to bear in mind the necessity of paying tax. If you do not like the idea of paying tax, please stick to singing in the choir and in buses (and don't think of making profits). Note that at some point in time, it will become necessary staff.
5. Copyright ownership. This is a somewhat tricky issue. The members of the group are usually joint owners of the works of copyright created by the group, and joint ownership comes with a lot of issues. For instance, generally, where a member licenses the use of a song to a third party, it will be valid under the law, even if other clients do not know. An agreement will put a lot of things in perspective by clearing out terms on which this issues may be addressed.
6. Other businesses. The company may decide to venture into other businesses. The modalities of these should be considered.
There are a lot of other things to be considered including voting, admission of a new member, death and disability of a member, and other issues, all of them important. However, we’ll be discussing the group names next.
Hang on tightly to your boat.
© 2010 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
ME, MY GROUP AND I
I received a new name recently- Rocker of Boat. The person officiating at my naming ceremony accused me, very politely of course, of rocking the boat. The system in place is working for everyone involved, he says, why spoil things with my ‘well-meaning advice’? I received the name with equanimity. I had a question he couldn’t answer, though; can a steady boat be rocked?
In any case, here I come again, a-rocking, and the boat we’re targeting today is the one carrying musical groups/bands/duos. As long as you are singing and you’re more than one person, I’m talking about you. I get personally miffed when the members of talented groups go their separate ways. There’s a whole laundry list of reasons why groups split up, personal, and business (remember the story of Lagos Boys way back on this blog? You can look it up in one of the older posts). Now, I won’t pretend to be a shrink and find a way to solve the personal issues. However, as it relates to the issues concerning the entertainment business/career, I have a thing or two to say.
If you’re in a band, or you are thinking of forming or joining one, please, consider the merits of forming a profit-making association between the group members. This could be a partnership or a company. It will ensure that the musical career is not just for personal fulfilment but also for financial consideration. However, while a partnership will do a good job of keeping things tidy, a company may be a better option because it is a separate person under the law and it limits the personal liability of group members.
Either way you decide to go, you would need an agreement between the group members. This is even more so in the case of a partnership because it is a delicate association that is prone to dissolution if things go wrong. If you are considering a partnership, this would be a Partnership Agreement and if you prefer a company, you may thoroughly spell out your terms in the company’s Article of Association or a Shareholders’ Agreement.
Now, anyone can form a company or draft a regular partnership agreement or shareholders’ agreement. However, you need a good entertainment lawyer to draft that type of agreement between the members of a musical group for the purpose of their musical career/business. I’ll just mention a few things to watch out for while preparing such an agreement, and I’ll assume that you have chosen to form a limited liability company.
1. Who owns the company? That’s a question with a pretty straightforward answer. Naturally, the members of the group should be the owners/shareholders of the company. In the interest of everyone, the members should hold equal shares to prevent squabbling later. It is possible that a major financier or manager will want to be a direct part of the business and hold shares. This is a consideration that should be assessed depending on the situation.
2. Distribution of profits. It seems obvious that the profits should be shared equally between the members. That is until you remember that one member is the lead singer doing the bulk of the singing, and another member paid the studio and engineers that produced the demo that helped the group shoot to fame. And then, yet another member is the major song-writer. Then, distributing profits equally is a sure way to build resentment and make sure that the group does not see the end of 2011 together. It is quite amusing to see a bunch of grown ups bickering like junior secondary school students.
3. The name of the group. As the brand behind the success and the cash, the group’s name is such an important part of a company of singers that it merits its own discussion. This is why I’m giving it its own entry on the blog - Me, My Group and I (Part 2).
4. Accounts and financial records of the company. It is imperative to keep accounts of the company, so that if one member or another person entirely lends the group some money, the money could be treated as a loan to be repaid with interest. Since the company will be making profit, it is important to bear in mind the necessity of paying tax. If you do not like the idea of paying tax, please stick to singing in the choir and in buses (and don't think of making profits). Note that at some point in time, it will become necessary staff.
5. Copyright ownership. This is a somewhat tricky issue. The members of the group are usually joint owners of the works of copyright created by the group, and joint ownership comes with a lot of issues. For instance, generally, where a member licenses the use of a song to a third party, it will be valid under the law, even if other clients do not know. An agreement will put a lot of things in perspective by clearing out terms on which this issues may be addressed.
6. Other businesses. The company may decide to venture into other businesses. The modalities of these should be considered.
There are a lot of other things to be considered including voting, admission of a new member, death and disability of a member, and other issues, all of them important. However, we’ll be discussing the group names next.
Hang on tightly to your boat.
© 2010 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Friday, October 22, 2010
YOU AND YOUR AGENT
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
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
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