Discussion: Contracts and Artist representation 
1
Week 2 Discussion Board
Discussion Board Assignment
Read the ???????????????????????????????? below and analyze/discuss the issues with the
proposed contract as if you represent the artist.
Discussion Board Goal
By completing the discussion board, you will gain a better understanding of
contracts as a whole.
Discussion Board Specifications
Manager is new to the music business, but he is very excited about starting his
career as a manager. Right now, he is desperately trying to convince artists to let
him represent them.
When he attends shows and sees artists he likes, he talks to them after their set.
Manager explains that he will do everything he can to make the artists big
money and get them excellent deals if they just let him be their manager. As he
says, great management is an investment and if the artist is willing to invest in
him, they’ll be investing in the right man.
Manager doesn’t hide his contract from the artists; he always shows them a copy
of his management contract so that they can review it. In particular, he points
out that in his contract, his artists are entitled to a lot of great benefits at every
gig. He also describes how he will be a one-stop-shop for his artists, so they won’t
have to deal with lots of different people just to perform the music they love.
Manager also offers to have his lawyer discuss the contract with the artists, so
that they get some legal advice before they sign the agreement.
An artist who is considering signing this contract already discussed it with
Manager’s attorney and now has brought it to you for advice. Please advise
Artist on what problems and/or benefits you think the agreement has and
whether he should sign with Manager. The contract reads as follows:
Whereas,
MANAGER
is
an
experienced
manager
in
the
entertainment
industry;
Whereas,
ARTIST
desires
to
obtain
MANAGER’S
advice,
counsel
and
direction
in
the
development
and
enhancement
of
ARTIST’S
professional
career
in
the
entertainment
industry;
Whereas,
the
nature
and
extent
of
the
success
or
failure
of
ARTIST’S
career
cannot
be
predetermined;
and
Whereas,
it
is
therefore
ARTIST’S
desire
that
MANAGER’S
compensation
be
determined
in
such
manner
as
will
permit
MANAGER
to
accept
the
risk
of
failure
and
likewise
benefit
to
the
extent
of
ARTIST’S
success.
2
1.
TERM
ARTIST
hereby
engages
MANAGER
as
ARTIST’S
exclusive
personal
manager
and
advisor
for
a
period
of
three
(3)
years
commencing
on
the
date
hereof.
2.
SERVICES
MANAGER
agrees
during
the
Term
hereof
to
advise,
counsel
and
direct
ARTIST
in
connection
with
all
matters
relating
to
ARTIST’S
professional
career
in
all
branches
of
the
entertainment
industry,
including
without
limitation:
(a)
in
the
selection
of
literary,
music
and
musical
material;
(b)
with
respect
to
publicity,
public
relations
and
advertising;
(c)
with
respect
to
the
adoption
of
proper
formats
for
the
presentation
of
ARTIST’S
music
talents
and
in
the
determination
of
the
proper
style,
mood,
setting
and
characterization
in
keeping
with
ARTIST’S
talents;
(d)
in
the
selection
of
music
and
other
talent
to
assist,
accompany
or
embellish
ARTIST’S
music
presentation;
(e)
with
regard
to
general
practices
in
the
entertainment
and
amusement
industries;
(f)
with
respect
to
compensation
and
privileges
extended
for
similar
music
values;
(g)
with
respect
to
the
selection
of
theatrical
agencies,
talent
agencies,
and
other
persons,
firms
and
corporations
who
will
counsel,
advise,
seek
and
procure
employment
and
engagements
for
ARTIST;
and
(h)
concerning
any
other
matters
as
to
which
ARTIST
may
request
MANAGER’S
advice
and
which
relate
to
ARTIST’S
activities
in
the
entertainment
industry.
3.
FEES
&
COMMISSIONS
As
compensation
for
MANAGER’S
services,
ARTIST
shall
pay
to
MANAGER
an
initial
Set-­Up
Fee
of
$500.00
as
a
one-­?time
administration
fee
for
the
1st
30
days
of
service
for
MANAGER
to
review
and
examine
existing
business
plans,
contracts,
deals
and
other
pertinent
business
to
set-­?up
operations
to
manage
future
business.
As
compensation
for
MANAGER’S
services,
ARTIST
shall
pay
to
MANAGER
3
throughout
the
full
Term
hereof,
as
and
when
received
by
ARTIST,
twenty-­?five
percent
(25%)
(herein
"Commission")
of
ARTIST’S
Gross
Earnings.
(a) The
Term
"Gross
Earnings"
as
used
herein
shall
mean
and
include
any
gross
monies
or
other
consideration
(without
any
exclusion
or
deduction)
which
ARTIST
may
receive,
or
which
may
be
or
become
due
or
payable
to
ARTIST
as
a
result
of
ARTIST’S
activities
in
and
throughout
the
entertainment
industry,
whether
as
an
actor,
performer,
writer,
composer,
author,
publisher,
lyricist,
singer,
musician,
artist,
technician,
producer,
director,
supervisor,
executive
consultant
or
proprietor,
including
any
and
all
gross
sums
resulting
from
the
use
of
ARTIST’S
music
talents
and
the
results
and
proceeds
thereof.
As
compensation
for
MANAGER’S
services,
ARTIST
shall
pay
to
MANAGER
a
25%
interest
in
all
copyrights
created,
shopped
and/or
placed
during
the
term
of
agreement.
ARTIST
also
agrees
to
pay
MANAGER
the
Commission
following
the
Term
hereof
upon
and
with
respect
to
any
of
ARTIST’S
Gross
Earnings
derived
from
any
and
all
employments,
engagements,
contracts,
agreements
and
activities
negotiated,
entered
into,
commenced
or
performed
during
the
Term
hereof
in
perpetuity
relating
to
any
of
the
foregoing,
and
upon
any
and
all
extensions,
renewals
and
substitutions
thereof
and
therefore,
and
upon
any
resumptions
of
such
employments,
if
resumed
within
eighteen
(18)
months
after
the
expiration
of
the
Term
hereof.
4.
ARTIST’S
CAREER
ARTIST
agrees
at
all
times
to
use
ARTIST’S
best
efforts
to
devote
himself
to
ARTIST’S
career
and
to
do
all
things
necessary
and
desirable
to
promote
ARTIST’S
career
and
earnings
therefrom.
5.
SCOPE
MANAGER
shall
only
be
required
to
render
reasonable
services
that
are
provided
for
herein
and
when
reasonably
requested
by
ARTIST.
MANAGER
shall
not
be
required
to
travel
or
to
meet
with
ARTIST
at
any
particular
place
except
in
MANAGER’S
discretion
and
only
after
satisfactory
arrangements
have
been
made
for
the
costs
and
expenses
of
such
travel
to
be
paid
by
ARTIST.
ARTIST
understands
that
MANAGER
is
acting
hereunder
as
an
independent
contractor
and
that
MANAGER
may
appoint
or
engage
any
and
all
other
persons,
firms
or
corporations
throughout
the
world,
in
MANAGER’S
discretion,
to
perform
any
or
all
of
the
services
which
MANAGER
has
agreed
to
perform
hereunder.
MANAGER’S
services
hereunder
are
not
exclusive
to
ARTIST,
and
MANAGER
shall
at
4
all
times
be
free
to
perform
the
same
or
similar
services
for
others
as
well
as
to
engage
in
any
and
all
other
business
activities.
(a)
In
connection
herewith,
it
is
specifically
acknowledged
and
agreed
that
MANAGER
shall
have
the
right
to
act
as
personal
manager
for
any
other
musicians,
vocalists
or
other
persons
whether
or
not
they
may
be
affiliated
with
ARTIST
and
that
no
advice
and
counsel
which
MANAGER
may
render
to
such
individuals
in
connection
with
MANAGER’S
services
to
them
shall
be
deemed
to
be
a
breach
of
this
Agreement
or
of
MANAGER’S
obligations
and
duties
hereunder.
6.
CONTROVERSIES
In
order
to
make
specific
and
definite
and/or
to
eliminate,
if
possible,
any
controversy
which
may
arise
between
the
parties
hereunder,
ARTIST
agrees
that
if
at
any
time
ARTIST
believes
that
the
terms
of
this
Agreement
are
not
being
performed
by
MANAGER
as
herein
provided,
ARTIST
will
so
advise
MANAGER
in
writing
by
certified
mail,
return
receipt
requested,
of
the
specific
nature
of
any
claim
of
non-­?performance
or
malperformance
and
shall
allow
MANAGER
a
period
of
thirty
(30)
days
after
receipt
thereof
within
which
to
cure
such
claimed
breach.
No
legal
proceedings
may
commence
prior
to
the
expiration
of
the
aforesaid
thirty
(30)
day
period
and
no
legal
proceedings
shall
be
based
upon
any
complaint
except
one
contained
in
ARTIST’S
aforesaid
notice
to
MANAGER.
Until
such
time
as
a
court
of
competent
jurisdiction
shall
render
a
final
determination,
this
Agreement
shall
remain
in
full
force
and
effect
with
regard
to
ARTIST’S
obligations
hereunder.
ARTIST
agrees
that
no
breach
by
MANAGER
of
the
terms
hereof,
unless
intentionally
dishonest,
will
be
construed
as
incurable.
7.
STANDARD
OF
CONDUCT
MANAGER
may
terminate
this
Agreement
at
any
time
in
the
event
that
MANAGER
shall
determine,
in
its
sole
discretion,
that
ARTIST
through
his
acts
or
omissions
violate
or
offend
the
moral
standards
in
general
or
the
tenets
of
MANAGER
specifically.
Upon
such
determination,
MANAGER
shall
afford
ARTIST
an
opportunity
to
cure
such
violation
if,
in
the
sole
discretion
of
MANAGER,
such
violation
if
capable
of
cure
in
a
manner
such
to
not
to
call
MANAGER’S
own
standards
into
question.
If
this
Agreement
is
so
terminated,
MANAGER
shall
have
no
further
obligations
under
this
Agreement,
except
to
pay
ARTIST
any
Net
Income
due
hereunder.
Such
violation
shall
be
deemed
a
breach
of
a
material
term
of
this
Agreement
and
any
and
all
of
MANAGER’S
rights
and
remedies
shall
therein
be
reserved
and
not
waived.
5
8. BENEFITS ARTIST IS ENTITLED TO AT EVERY
PERFORMANCE
MANAGER will make sure that ARTIST receives the following benefits from
every VENUE that ARTIST performs at:
a) A
minimum
of
$5K
(50%)
shall
be
paid
by
VENUE
to
ARTIST
in
the
name
of
XYZ.
This
fee
is
considered
a
deposit
and,
if
the
performance
is
cancelled
by
VENUE
(except
for
reasons
of
force
majeure),
may
be
retained
by
ARTIST
in
full
satisfaction
of
VENUE’S
obligations.
Due
to
the
nature
of
the
booking
it
is
at
ARTIST’S
discretion
whether
to
forfeit
the
deposit
or
apply
it
to
a
future
event.
b) A
minimum
of
$5K
(50%)
shall
be
paid
in
cash
by
VENUE
to
ARTIST
no
later
1
hour
prior
to
the
start
of
any
performance
by
the
ARTIST.
This
payment
MUST
be
made
in
cash
otherwise
payment
must
arrive
one
day
earlier.
DO
NOT
GIVE
CHECKS
TO
ARTIST.
c) Twenty
(20)
all
access
admission
shall
be
made
available
by
the
VENUE
to
the
ARTIST
for
guest
list
purposes.
d) VENUE
agrees
to
provide
a
fully
qualified
sound
engineer
familiar
with
the
venue’s
sound
system
who
shall
be
present
throughout
the
performance.
e) VENUE
will
supply
a
booth
for
merchandise
sales
and
a
fully
qualified
employee
to
staff
it.
ARTIST
to
retain
100%
of
gross
sales.
f) All
marketing
materials
to
advertise
that
ARTIST’S
XYZ
COLLECTION
CLOTHING
WILL
BE
ON
SALE
AT
EVENT.
g) ARTIST
can
terminate
agreement
at
will
any
time
up
until
ONE
WEEK
prior
to
ENGAGEMENT
DATE.
h) VENUE
agrees
to
provide
a
safe
and
secure
storage
area
at
VENUE
for
ARTIST’S
personal
belongings
before,
during
and
after
performance.
VENUE
agrees
to
reimburse
ARTIST
for
any
possessions
that
are
lost
and/or
stolen
during
EVENT
including
but
not
limited
to
laptop
computer,
clothing
and
personal
effects
at
125%
of
retail
purchase
value.
i) VENUE
shall
provide
ARTIST
with
the
following,
free
of
charge:
a. 10
bottled
waters
b. 1
plate
mixed
organic
vegetables
and
fruits
c. 6
Gatorade
drinks
(any
flavor)
d. 1
Bottle
Premium
Vodka
(Grey
Goose,
Belvedere
etc)
6
e. 1
Bottle
Moet
Champagne
f. 2
Bottles
lower
end
Champagne
g. Various
drink
mixers
(orange,
cranberry,
tonic,
soda
etc)
h. 2
towels
i. $100
per
diem
paid
in
cash
j. White
poster
board
&
marker
for
merch
booth
k. Inflatable
swimming
pool
raft,
suitable
for
two
people
(see
image
below)
l. 2
Super
Soaker
brand
powered
or
pump
water
guns
(see
image
below)
j) VENUE
shall
pay
for
and
maintain
valid
and
comprehensive
general
liability
insurance
as
required
by
the
laws
governing
the
venue.
VENUE
agrees
to
indemnify
the
ARTIST
against
any
third
party
claims
howsoever
they
may
arise
while
ARTIST
is
involved
in
contractual
duties.
k) FORCE
MAJEURE:
If
any
EVENT
is
cancelled
as
a
consequence
of
Force
Majeure
including
but
not
limited
to
closure
of
venue
because
of
any
public
calamity,
political
unrest,
armed
conflict,
epidemic,
fire,
strike
or
Act
of
God,
no
claims
shall
be
made
against
VENUE.
ARTIST
shall
have
the
right
to
cancel
this
contract
without
liability
if
in
his
sole
and
absolute
judgment
riot
or
civil
disorder
may
endanger
the
life
of,
or
safety
of,
ARTIST
and
his
party
if
the
engagement
takes
place.
No
claims
shall
be
made
against
the
ARTIST
in
respect
of
non-­?fulfillment
of
the
terms
of
the
performance
with
regard
to
any
venue
so
affected.
l) No
penalties
shall
be
applied
to
ARTIST
other
than
no
salary
being
payable
in
case
of
ARTIST’S
failure
to
perform
due
to
ill
health
provided
that
a
doctor’s
certificate
is
produced
by
the
ARTIST.
m) The
person
executing
the
Agreement
on
VENUE’S
behalf
warrants
that
he
has
the
right
to
enter
into
this
contract
and
is
of
legal
age,
and
personally
assumes
liability
for
the
payment
of
all
compensation
and
the
performance
of
all
VENUE’S
obligations.
n) All
of
the
provisions
of
this
contract
are
of
the
essence
and
failure
by
VENUE
to
comply
with
any
of
them
shall
constitute
a
material
breach
of
contract
based
upon
which
ARTIST
shall
be
entitled
to
cancel
the
performance
without
prejudice
to
payment
in
full.
If
VENUE
is
unable
to
meet
any
of
the
7
requirements
stated
in
this
list,
VENUE
shall
be
liable
for
any
fees,
charges
or
remuneration
incurred
by
ARTIST
to
obtain
such
service
of
items.
_____________________________________
Date:________________
(“MANAGER”)
_____________________________________
Date:_________________
????
(“ARTIST”)
Deliverable Due
• Enter an initial post by Wednesday (midnight, EST) answering the discussion question.
• Enter a response post by Sunday (midnight, EST) to at least one of your classmates’ posts.
• Your initial post must be a minimum of three paragraphs and cite at least one source
(outside of course materials) that supplements this topic.
• Your response post must be a minimum of one paragraph. It is not necessary to cite an
outside source if one is not used. If one is used, please cite it appropriately.
• Follow the guidelines as outlined in the Discussion Board Rubric.
Grading Criteria - See attached rubric. Grade Weight: 5%
????
????
????
Discussion Board Rubric
Criteria Superior
20-18 points
Above
Average
17-16 points
Average
15-14 points
Below
Average/Failing
Below 13 points
Individual Input
and Initiative
[20%]
• Contributions
enhanced
instructor’s vision
for assignment
• Inspired rich
responses from
colleagues
• Surpassed typical
expectations
• Accurately
reflected
instructor’s
intentions
• Response
affirmed
discussion’s focus
and direction
• Response
appropriate to
subject
• Generally
competent, though
little sense of
engagement
• Response
revealed little
understanding of
subject
• Lack of
compliance with
discussion goals
• No energy or
enthusiasm
conveyed
Group
Participation
and Interaction
[20%]
• Participation
fostered “team
spirit”
• Brought “life” to
group
• Radiated respect
for colleagues
• Encouraged and
supported
colleagues
• Diplomatic in
disagreement
• Participation
consistent and
rewarding
• Comments not
integral to
discussion (e.g. “I
agree with...“)
• Courteous,
though little
rapport with
colleagues
• Off-topic postings
• Irrelevant or outof-
context
responses to
colleagues
• Lack of courtesy
and etiquette
Critical
Thinking and
Analysis
[20%]
• Insightful
• Fresh, stimulating
perspectives
• Richly detailed
• Comprehensive
• Persuasive
• Perceptive
• Effectively
detailed
• Logical
• Coherent
• Good continuity
• Competent
• Perspectives
well- stated, but
commonplace
• Adequately
detailed
• Responses did not
reveal even minimal
grasp of concepts
• Little analysis or
demonstration of
understanding
Sources and
Resources
[20%]
• Readings fully
integrated into
response, and
cited correctly
• Outside sources
well-chosen, with
serious effort, and
fully cited
• Stimulating
anecdotes with
appropriate detail
• Readings wellintegrated
into
response, and
cited correctly
• Outside sources
only somewhat
relevant, though
cited correctly
• Relevant
anecdotes with
appropriate detail
• Readings
acknowledged in
response, and
cited correctly
• Outside sources
not utilized
correctly, or were
inappropriate
• Marginal
anecdotes with
adequate detail
• Readings not
integrated
whatsoever into
responses
• No outside
sources
• No relevant
anecdotes
Grammar
[20%]
• No significant
errors (spelling,
grammar, usage,
punctuation,
capitalization,
structure,
organization &
style)
• Presentation
enhanced content
• Few or minor
errors
• Presentation
adequately
conveyed content
• Frequent or
major errors
• Presentation
diminished content
• Errors abounded
to point of
distraction
• Presentation
defeated content
Point Deductions:
Failure to appropriately cite outside resource – 5 points per incorrect citation
Non-repetitive typographical errors – 1 point per error
DISCUSSION BOARD EVALUATION CRITERIA
1. Individual Input and Initiative
This category examines what you, the student, “brought to the table” in the
discussion with your colleagues and in response to your instructor’s intentions for the
assignment:
• Did you enter “on target” by firmly addressing questions initially posed by your
instructor on the discussion board?
• Did your points build upon this material, perhaps stimulate related questions
for the group, and thus enhance the overall dynamic of the discussion itself?
Applicable Adjectives, Concepts, and Terms:
• accuracy, comprehension, development, direction, energy, engagement,
enthusiasm, focus, interpretation, pertinence, relevance, understanding
2. Group Participation and Interaction
This category evaluates your interaction with colleagues in the discussion:
• Did your responses complement those of your colleagues, by building upon
their previously-posted comments in a relevant and subject-enhancing
manner?
• Did your responses reveal accurate comprehension and adequate
consideration of your colleagues’ perspectives?
• In general, were your contributions effective and productive toward furthering
group discussion?
• Did your responses and overall tone embody courtesy and supportiveness,
particularly in areas of intellectual disagreement with colleagues?
Applicable Adjectives, Concepts, and Terms:
• contribution, diplomacy, encouragement, etiquette, respect, support, tact,
team-building
3. Critical-Thinking and Analysis
Courtesy, enthusiasm, comprehension of subject and instructions are each
important—but unless accompanied by meaningful content, all are inconsequential.
Think of this as the peak of your posts — the summit to which all other criteria are
directed.
• Were your discussion points well-reasoned and well-supported?
• Did your input reward colleagues with interesting insights, revealing full
understanding and a comprehensive analysis of the subject?
• Did your responses integrate and synthesize opinions and perspectives
previously posted by colleagues on the discussion board?
• Was there consistency and continuity in what you offered the group? Did the
responses convey an adequate sense of “flow” and have smooth transitions?
• Could your input be counted on to be informative, stimulating, and perhaps
even persuasive?
Applicable Adjectives, Concepts, and Terms
• challenging, coherence, comprehensiveness, consistency, defense,
development, insightful, interesting, interpretation, logical, organization,
perceptive, persuasive, provocative, reflection, stimulating, unity, validity,
well-argued, well-reasoned, well-supported
4. Sources and Resources
Primarily, this assesses the following:
• Did you properly integrate, quote, and cite course content within your
discussion board responses? Looking beyond the assigned readings,
however, demonstrates an appreciation for other sources that you may
have chosen to apply.
• Were outside sources integrated well into responses, and then cited
appropriately? Also respected and acknowledged are stories and
anecdotes from your own career or life experiences, or from those of
admired peers.
• Were the anecdotes offered with proper focus and relevant detail toward the
discussion subject?
• Did the anecdotes enhance or constructively expand the subject under
discussion?
Applicable Adjectives, Concepts, and Terms:
• analogies, anecdotes, documentation, examples, relevance, quotations,
selectivity, support
5. Presentation and Style
In short, this is the “mechanics” of discussion participation:
• Were proper spelling, grammar, punctuation, and capitalization all adhered to?
• Did your discussion board entries display a consistent command of sentence
structure, paragraph organization, and effective vocabulary?
• Did your presentation of ideas and examination of topics possess unity and
focus?
• Was there an overall sense of clarity and coherence to your discussion board
postings? Were transitions smooth? Were details varied? Did digressions or
over-elaborations mar the work at times?
• Overall, did style properly convey, or even enhance, the essence of your
content?