Q: Does this artist management clause allow a manager to collect post-term from platforms like Tunecore or Distrokid?
I was curious if these digital platforms would fall underneath this clause if the manager uploaded the music, because while they are considered DIY platforms, technically they are creating a contract with the distributor whether it's Tunecore, Distrokid, CD Baby etc. Here's the exact wording...
6. Manager's Compensation.
A. In compensation for the Manager’s services under this agreement, Artists agree to pay to Manager, as herein provided, a sum equal to percent (X%) of Artists gross income derived from activities in and throughout the entertainment, amusement, music and music publishing industries.
Following the expiration of the Term hereof, Artists agree to pay Manager the commission as set forth in subparagraph 6A above, with respect to any and all contracts and agreements entered into during the Term hereof relating to any of the foregoing, and upon any and all extensions, renewals and substitutions thereof for so long as any of the same continue to earn income.
A: Yes, the agreement requires the artist to pay commissions on contracts entered into during the term of the agreement. So if an artist enters into an agreement with medis company X during the term of the agreement, the manager would seek to collect a percentage of that income.
This clause strikes me as poorly drafted and I recommend that you engage legal counsel to review it.
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