Agents typically represent artists in booking live concerts and appearances, earning a 10% commission on the guaranteed minimum payment. They are regulated by unions which cap their commission at 10%. Agents should never be paid commission from record sales, merchandise, or publishing. When hiring an agent, an artist should aim to sign a one-year exclusive contract and ensure they have the right to terminate if minimum booking levels aren't met. Agents will want worldwide representation but often use local sub-agents in foreign territories to avoid double commissions.

1. Chapter 6
Agents

2. Role of the Music Business Agent
 Typically deals with promoters in booking
live concerts and personal appearances;
i.e. - a booking agent.
 Paid a commission on live concerts and
appearances that they secure
 Typical commission is 10% of the
guarantee (the minimum amount that
the artist will make from the concert or
appearance).

3. Role of the Music Business Agent
 Agents are regulated by the unions:
◦ AFM, AFTRA, SAG, and Actor’s Equity
 This caps their commissions at 10%
◦ Also makes them “franchised” agents
 AFM and AFTRA forms have a place to
initial if agent is supposed to get a
commission on earnings from records
 NEVER do this!

4. Role of the Music Business Agent
 Agents typically don’t earn commission
on records, merchandise, or publishing.
 Never agree to pay them a piece from
these areas.

5. Major deal points with Agent:
 Term – will ask to be exclusive agent for
three or more years; only agree to one.
Easier to leave if things don’t work out or
to lower commissions if they do.
◦ May be able to work without contract or
term at all – a “handshake” deal.
◦ If more than a year, artist should have the
right to terminate if minimum levels aren’t
met.

6. Major deal points with Agent:
 Scope
◦ Agency may have the resources to represent
artist in other areas like film or book deals.
◦ Trend is to insist on representing the artist in
all areas: concerts, films, books, etc.
◦ Some require exclusive contracts with artists
covering all areas; some more flexible.

7. Major deal points with Agent:
 Termination
◦ Artist should have the right to terminate the
agreement with an agent if the AFM or AFTRA
criteria are not met – or for example, not
getting you work or an offer of work for 90
days.
◦ 30 days written notice: agent still paid for
dates secured during agreement.

8. Major deal points with Agent:
 Territory
◦ Agency will usually want and get worldwide
rights unless artist has bargaining power
◦ Many agencies use local sub-agents in the
foreign territories; eliminates middle man. One
commission covers U.S. and foreign agent.
◦ US agency oversees foreign agent on artists’
payment, promotion, etc.

9. Double Commissions
 As with personal management deals,
agents should only commission at the
corporate level
 No double-dipping at the personal or
individual level

10. Costs of Collection
 Sometime promoters/club owners don’t
pay at the end of the night, and you have
to sue them.
 As with personal management deals,
agents should only commission after any
costs of collection are taken out.

11. Picking an Agent
 If artist doesn’t have a manager, agent
will report directly to the artist
 If artist does have a manager, then
manager should have input in the decision
although the final decision is the artist’s
 As always, get a good gut feeling about
who you’re hiring

12. A few here in town that are also
big in New York and L.A.
Creative Artists Agency
William Morris Endeavor
Buddy Lee Attractions

13. Questions?