Scope of representation of a music band’s manager

By October 26, 2016November 28th, 2016Copyrights and related rights

Throughout their artistic career, music bands usually contract managers, who act as their “representatives” in the music industry. The duties of a manager include, but are not limited to: planning, managing or supervising the business activity of the musicians. Such a manager is also authorized to represent the band before the media, professional societies or collective management organizations (such as ZAIKS or STOART), to create the band’s image, in this, to take care of the band’s reputation. One of the key powers a manager, who acts as a given band’s representative, can enjoy is to negotiate the band’s contracts and to sign their final versions  on the band’s behalf. All the rights and duties of a band’s manager shall be set forth in his/her managerial contract concluded with the band to avoid any potential disputes upon termination of the contract.

The agreement between a band and its manager is typically concluded in the form of a managerial contract. Such a contract shall mainly include the scope of the manager’s rights and duties, but also the scope of the manager’s representation at conclusion of agreements with third parties and the rights he/she is authorized to transfer upon third parties as well as detailed principles of termination. Particular attention should be paid to the fact that in the course of the contract performance, a manager acquires a lot of confidential information about the band, and therefore, contract termination principles shall protect the band against any unauthorized disclosure of such information after the termination of the managerial contract.

Author: Paulina Żołnierek-Płotek