Services | Media & Entertainment
Adam Yohanan handles high stakes media and entertainment transactions.Key Agreements for Artists & Entertainers
Art Consignment Agreements
Art consignment agreements are contracts used when artists place their works in a gallery or store. Under a consignment agreement, the artist should retain ownership of the work, but the gallery or store is allowed to have possession of the work as a third party seller. The consignment agreement will include detailed information about how payments for works sold will be divided between the gallery/store and the artist. The contract should include a specific percentage that will go to each side. The contract will also detail who is responsible for any damage to the works while in the possession of the gallery or store, depending on different factors like who is at fault. Related to that, the contract should outline the insurance obligations of the gallery or store, and it should should say when the artist is allowed to regain possession of the works.
Distribution Agreements
Distribution agreements are contracts used when an artist or other media personality partners with another platform or institution to produce and/or distribute a project or work through various platforms. The distributor will take a percentage of the revenue or profits from the project or work for their investment and efforts into the project’s production and/or distribution. As a result, negotiations will focus on the calculation for the profit or revenue sharing, including what counts as revenue and what counts as a deductible expense for purposes of the calculation. The contract will detail other key terms such as IP ownership, promotional obligations, and specific distribution channels to be used by the distributor. The contrast should be clear about the distributor’s obligations, and what they need to do to earn their fees under the contract.
Management Agreements
Management Agreements delineate the relationship between an artist and a manager, outlining the manager's responsibilities in promoting the artist's career, seeking opportunities, and handling business affairs. It also covers compensation, typically a percentage of the artist's earnings, and the duration of the agreement. Specific clauses address the scope of the manager's authority, termination conditions, and the handling of expenses.
Agency Agreements
Agency agreements are contracts where an artist or entertainer appoints an agent to represent them in negotiations and dealings with potential employers or clients. It includes the scope of the agent's powers to act on behalf of the artist, commission rates, and the duration of the agreement. Key terms involve exclusivity, the agent's obligations in securing work, and provisions for dispute resolution.
Licensing Agreements
Licensing Agreements are contracts that allow one party (the licensor) to grant another party (the licensee) the right to use a particular piece of intellectual property, such as a song, artwork, or brand. The agreement specifies the scope of use (geographical area, duration, and medium), financial arrangements like royalties or lump-sum payments, and restrictions or exclusivity clauses. It may also address rights in case of infringement and conditions for renewal or termination.
Performance Agreements
Tailored for live performances, this contract outlines the terms between the performer(s) and the venue or event organizer. It covers performance specifics like date, time, and duration, compensation (flat fee or percentage of ticket sales), technical and logistical requirements, cancellation policies, and liability issues. Provisions for promotion, recording rights, and merchandising may also be included.
Appearance Agreements
Appearance agreements are used when an artist, celebrity, or public figure agrees to attend an event or participate in a program. It specifies the nature of the appearance, compensation, travel and accommodation arrangements, and any specific duties expected during the appearance (e.g., speaking, signing autographs). Clauses may cover cancellation, confidentiality, and rights to use the individual's image for promotion.
Gallery Representation Agreements
Gallery representation agreements are contracts between an artist and a gallery where the gallery agrees to represent the artist and their work. This contract typically includes terms for exhibition scheduling, promotion of the artist's work, sales commission rates, and payment processes. It may also cover the transport and insurance of artworks, the gallery's exclusivity rights, and the duration of the representation.
Key Clients & Deals
Advisors & Representatives
• Center Stage Management, Manhattan-based talent manager
• UIA Talent Agency, Manhattan-based talent agency
Influencers
• Joe Nucci, a Manhattan-based mental health influencer
• A UK-based political and social activist
Production Companies
• Lonestar Productions, Brooklyn-based production company
• Film Fate Productions, Atlanta-based production company
Artists & Gallery Owners
• Julian Caridi, Brooklyn-based painter
• Marlee Katz, Brooklyn-based gallerist
Musicians
• Westend, Brooklyn-based house music artist
• Levi Paris, Manhattan-based rapper
Frequently Asked Questions for Artists & Entertainers
What Are the Typical Commission Rates in an Artist Management Agreement?
Commission rates in artist management agreements typically range from 15% to 20% of the artist's gross income, varying based on the manager's experience and the artist's career stage.
How Do Agency Agreements Differ for Actors, Musicians, and Visual Artists?
Agency agreements for actors often focus on securing auditions and roles, for musicians on bookings and record deals, and for visual artists on gallery placements and exhibitions, reflecting each field's unique industry practices.
What Are the Key Components of an Effective Licensing Agreement in Entertainment Law?
Effective licensing agreements should clearly define the scope of use, duration, territorial rights, and financial terms like royalties or fees, ensuring both parties understand the extent of rights granted.
What Legal Protections Should Be Included in a Performance Agreement for Live Events?
Performance agreements should include clear terms on compensation, cancellation policies, technical requirements, and liability issues to protect the interests of both the performer and the hiring entity.
What Should I Look For in a Gallery Representation Agreement to Ensure Fair Treatment?
Artists should look for clear terms on commission rates, duration of representation, scope of exclusivity, artwork handling and insurance, and termination conditions in gallery representation agreements.
How Do Appearance Agreements Vary for Public Appearances Versus Private Events?
Appearance agreements for public events often include clauses on media rights and promotional activities, while private event agreements might focus more on confidentiality and specific client requests.