Find copy of Elvis Contract or similar for me! ** for Clouseau-ga ONLY! **
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Hi Clouseau; I have found a unique singer/entertainer here in Kingston Jamaica and wish to offer him an immediate contract whereby I will take him back to Australia and manage all his business and entertainment affairs on the world stage etc. I see myself as the new Colonel Parker and my "find" as the new "King". I therefore need to fairly urgently find a draft "pro-forma" type contract of the type that entertainers would normally enter into in such an arrangement as I am proposing. Would love to see a copy of the contract that Elvis actually signed with Colonel Parker and know what percentages were involved. Hopefully you will find this question/research as interesting and challenging as some of the other questions I have placed your way. I am dead set serious about this! This is not a joke or some "nice" way to throw fifty "easy" bucks your way. In so much as I am now extra busy please try and find me a nice little copy of a "draft" contract that I can immediately modify and use. Numerous links to Gracelands and the like would be interesting but definitely not necessary or really wanted. Just a contract I can modify and use please. A cuban cigar and a double nip of vintage rum from Jamaica and five bright shiny stars for the good quick answer I am looking for. Thanks in advance from Roger
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Answer:
Hello Roger, Good for you and your new found talent! I'll look forward to hearing him. The following will give you examples of contracts and some excellent material to read and some to purchase and download. There is a lot of information here, and I know you need to move quickly. Let's get you started: http://www.popmatters.com/books/reviews/c/colonel-tom-parker.html Colonel Tom Parker: The Curious Life of Elvis Presley's Eccentric Manager Author: James L. Dickerson Cooper Square Press June 2001, 257 pages, $27.95 "...One thing, however, meets with general agreement: whatever Elvis's other problems may have been, his biggest failing was his utter dependence upon his manager, Colonel Tom Parker. When they inked their first contract, Parker took an unusual 25% commission; by the time of the King's death, three-fourths of Elvis's income went into Parker's pocket, seemingly without Elvis's knowledge. If Elvis was Faust, selling his soul for the riches of the earth, Parker will always be Mephistopheles, paying with a mess of pottage..." http://www.askmen.com/toys/special_feature/27b_special_feature.html Elvis Presley: 25th Anniversary Of His Death By Bernie Alexander Entertainment Correspondent - Every 2nd Sunday "...But success and greed came at a price. With hopes of mega-success, Colonel Parker signed Elvis to a slew of low-budget musical comedies. And with money seemingly being at the forefront of all decisions made by the Colonel, his management contract with Elvis was even renegotiated to an even 50/50 split between the two, an unheard of percentage in the industry..." So I think what we find with Elvis is highly unusual, Roger. And any contractual relationship is negotiable, so I am sure you (or I) could find examples of percentages that range from below 10% (rare) for artist management to the apparent high of Elvis and the Colonel (even more rare). Do see the examples below. This should be a very good resource, particularly as you have an urgent need: http://www.musiccontracts.com/ Here you can purchase and download forms and contracts including: Contract Packages Contract Package For Artist Contract Package For Record Label Contract Package For Personal Manager Contract Package For Producer Contract Package For Publishing Company Individual Contracts Agent-Shopping Letter Agreement (Publishing) Agent-Shopping Letter Agreement (Recording) Band Partnership Agreement Booking Agent Agreement (Simple) Booking Agent Agreement (Extensive) Co-Publishing Agreement (Specific Term) Co-Publishing Agreement (Record Co. Affiliate) Investment Agreement In Record Company Joint Venture Agreement Letter Of Direction (To Record Company) Live Performance Agreement (Simple) Management Agreement (Artist) Management Agreement (Business Manager) Master Use License Mechanical License Producer Of Tracks 1 (No Royalty/Song Rights) Producer Of Tracks 2 (No Royalty/No Song Rights) Producer Of Tracks 3 (Royalty/Song Rights) Producer Of Tracks 4 (Royalty/No Song Rights) Producer-Record Company Agreement Producer-Artist Development Agreement Record Company Business Plan and Prospectus Recording Agreement (Traditional Royalty) Recording Agreement (Percentage of Profits) Release Of Recording Agreement Side Artist Agreement 1 (No Royalty/Song Rights) Side Artist Agreement 2 (No Royalty/No Song Rts) Side Artist Agreement 3 (Royalty/Song Rights) Side Artist Agreement 4 (Royalty/No Song Rights) Single Song Publishing Agreement Single Song Collaboration Agreement Synchronization License As you can see, there may well be more than one applicable to your situation. For example: Business Manager Management Agreement Description: This Business Manager Management Agreement is used by a business manager when contracting with an artist. The business manager, typically different from the manager, is employed to collect and distribute the artist's money as well as advise the artist in money matters. A business manager is usually an accountant or C.P.A. Number of Pages: 6 Download this contract for only $ 19.95 And... Artist-Manager Management Agreement Description: This Artist Manager Management Agreement is used by a manager when contracting with an artist when the manager will be personally managing and advising the career of the recording and performing artist Number of Pages: 7 Download this contract for only $ 29.95 The first page of this agreement is shown on the site above. You also might be interested in the Management package: http://www.musiccontracts.com/contractpages/managerpackagepage.htm Contract Package for Personal Manager Description: The contracts contained in this package are used to help personal managers set up and run their business. Most of the contracts can be purchased individually on this site. However, this package includes a variation of some of those contracts and are not available individually. To view a sample of the contract click on the name of the contract. For a description of the basic contracts, return to the home page and click on the name of the single contract. To purchase this package click on the order button below. The contracts in the record label package are as follows: Agent Shopping Letter Agreement (Record Company) Agent Shopping Letter Agreement (Publisher) Booking Agent Agreement (Simple) Booking Agent Agreement (Extensive) Letter of Direction (To Record Company) Management Agreement (Artist) Management Agreement (Producer) Management Agreement (Business Manager) Performance Agreement (Simple) Producer-Artist Development Agreement Release (Release from contract) Download this package for only $ 159.99 I think this is an excellent resource for you for immediate templates to work with. And here is another site with downloadable forms: http://www.musiclegalforms.com/cat-pkgmanage.html Contract Package For Management Company $99.95 Description: Designed for today's managment company, the contracts and legal forms in this package will help you set up and run your business. The package contains 19 different forms, including artist management contracts, copyright assignment agreements, recording contracts, and so much more. This package contains the following contracts and legal forms: Artist Management Contract Artist Publicity Contract Assignment of Interest and Release (Expel Member From Partnership) Assignment of Interest and Release (Release Artist From Label) Confidentiality Agreement Copyright Assignment Agreement Engineer Work-For-Hire Agreement General Partnership Agreement Graphic Design Work-For-Hire Independent Contractor Agreement Model/Talent Release Form Musician Work-For-Hire Agreement Photographic Release Agreement Recording Artist Contract (single deal - percentage of profits) Recording Artist Contract (single deal - traditional royalty) Recording Artist Contract (album deal - percentage of profits) Recording Artist Contract (album deal - traditional royalty) Tour Sponsorship Agreement Web Site Design Contract You can find another sample of a management contract here: http://www.starpolish.com/advice/article.asp?id=20 This sample does mention 20% of gross for management functions and has a good sampling of clauses you should read. As matter of fact, browsing this site further, I would recommend you read the copious amount of information on this page: http://www.starpolish.com/advice/article.asp?id=19 The Personal Management Contract Janine S. Natter , Esq. Editors Note: Since there are complex legal intricacies within a management agreement, we strongly suggest that you read this content from start to finish the first time, and repeat with subsequent readings for a proper study and deeper understanding. For ease of later reference, however, here is an outline with links to the various subsections. This is 25 pages of useful information. And there is even more here including analysis of working management artists relationships: http://www.starpolish.com/advice/article.asp?id=18 The index has a great deal more information on ALL aspects of the business: http://www.starpolish.com/advice/ More: http://www.legaljungleguide.com/resourc/musician/contract/musicmanagers.htm Negotiation Guide for the Personal Management Agreement This negotiation guide is an excerpt from the audiobook, The Musician's Guide Through the Legal Jungle: Answers to Frequently Asked Questions About Music Law View a detailed outline or listen to excerpts of the audiobook. Excerpts from this page: "TERM Personal management agreements normally run for 1 to 5 years. Most managers will want a term of at least 3 years. It is in the artist's interest to have the option to terminate the agreement if certain goals are not met. For example, the artist may have the option to terminate the contract if the artist has not secured a recording contract within 18 months of entering into the personal management agreement. EXCLUSIVITY Personal management agreements are exclusive. This means that the artist can not have another party perform the duties of a personal manager. However, the personal manager may represent other artists. DUTIES OF PERSONAL MANAGER In advising, counseling and assisting the artist with career development, the personal manager's duties are varied and often undefined, and may include many of the following activities: Assisting in the selection of songs, background vocalists, and producers for demonstration tapes and record albums Helping the artist secure a recording contract, songwriter agreement and other music contracts Coordinating relations between the artist and the record company and music publishing company Overseeing the planning of publicity and marketing campaigns Coordinating tour schedules Aiding in the selection of and coordinating the efforts of the artist's other business advisers (attorney, booking agent, business manager, etc.) Handling the day-to-day tasks of managing the artist's career Acting as the liaison for communications between the artist and the rest of the world... But most importantly: ...COMMISSION The typical commission is 15 to 20% of the artist's entertainment-related income but may be as high as 25%. The artist may seek to exclude some categories of income from the manager's commission, or make income in certain categories commissionable only after all related costs have been paid. For example, most personal management agreements should provide that the manager does not collect a commission on money that is not actually income to the musician such as money a record company gives the artist for recording costs and tour support..." This page speaks to some of the specific regulations on New South Wales law and artist management and has a sample checklist: http://www.simpsons.com.au/documents/music/lectures/AgentsMa.pdf If you would like, you can view a sample recording contract, a bit different than a management contract but possibly useful, at this site. After all, if you are going to be in the biz, you will need to know this aspect as well: http://www.angelfire.com/tn/capitolmanagement/artistcontract.html Roger, I know time is of the essence and I also don't want to overload you with information. Please take a look at the above and let me know if there is anything else you desire on this and I will be happy to seek further information for you. Kind Regards, -=clouseau=-
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