Intro to Music Biz Articles
by Frank Imani Jamal
Cornbread Productions
Talent Agents

In the entertainment industry, the terms “manager” and “agent” are often used interchangeably, but in reality the two are totally unique and separate entities. As mentioned previously, a manager is someone who is the personal representative of an artist, handling all the subtle nuances of the artist’s career--publicity, promotion, schedules, etc.--so as to enable the artist to concentrate more fully on the creative ends of his work. An agent, by contrast, is in the business of finding work for that artist; he or she has duties analogous to an employment agency, seeking leads towards employment that can then be passed along to the artist--and his manager--for possible consideration.

Agents, unlike managers, usually begin their training in a more formal environment, such as apprenticing with a major agency like the William Morris Agency for a number of years, gradually rising to the top through hard work and perseverance. The William Morris Agency is famous for their training method which involves starting everyone--regardless of educational background or experience--in the mail room sorting and delivering mail to everyone else in the company. They reason that to become a more effective member of the company, a person should know how it operates from the lowest position on up.

This method of training has an even more unique twist to it: in order to even be considered for the position of a “mail clerk”, an applicant needs to have at LEAST a Bachelor’s degree. By using such a stringent training method, the William Morris Agency has ensured that they have only the best of the best agents working for them, agents whose clientele list reads like a Who’s Who of not only the music industry, but the TV and Film industries as well.

An agent also differs from a manager in that most states regulate the actions and duties of an agent. Since an agent’s primary function is to find work for his or her client, some states insist that they be regulated in the same fashion as an employment agency, detailing what they can and cannot do for or with an artist. As with any employment agency, some states insist that a client be allowed to legally terminate any business relationship with the agent if a specified amount of work is not obtained for the artist within a certain amount of time. If and when a problem or dispute arises between an agent and an artist, those states regulating agents also allow the artist to take the agent before the state’s labor commission to seek some sort of remedy for the problems occurring.

Even though an agent may represent an artist, that agent may also represent the various club owners, film producers, directors, or commercial ad agencies that are looking for talent. This professional relationship puts the agent in the role of an intermediary, meaning that he has to consider the interests of both parties involved in the transaction he is trying to make. The club owners, TV producers, and ad agencies are entrusting the agent to strike a deal fair and equitable to their side while the artist is expecting the same. Many agents can make--or break--their professional credibility by the deals they barter.

Agents receive their compensation from deals they barter through a commission, just like a manager does. Most agents' fees hover around 10-20% of any deal they broker for the artist, such as TV work, club dates, film appearances, etc. This commission the agent charges should always be considered when the time comes for music artists to figure just how much money they are due from any engagement. Just as in the case of the manager, the fees due an agent are deducted first, from the “gross” income that the artist receives, not the “net”, which is what is left over after taxes and other expenses are taken out.

One interesting item of note: An artist just starting out may not need the services of an agent as much as he or she may need the services of a manager. Many artists in the early stages of their career, broker their own deals with assistance from their managers. They approach a club, negotiate a fee, and haggle over the details without any agent being involved. Even though the manager has some input and may even have been the one who initially approached the club owner, the manager is NOT acting in the capacity of an agent. This is why at this stage of their career some artists do not seek out an agent.

People seeking to enter into the music profession as an agent need to be aware that in addition to being regulated through some states as to their professional conduct, agents are also regulated to some degree by the various unions representing the artists and entertainers in the business. Unions such as The American Federation of Television and Radio Artists (AFTRA) which handles, among others, vocalists; The American Federation of Musicians (AFM) which handles musicians; The American Guild of Variety Artists (AGVA) which represents theatrical performers, all have outlined certain practices, standards and procedures they would like agents to adhere to.

These labor organizations enter into agreements with talent agencies which hold the agencies and their agents to a promise to treat the members fairly, and to not to use their positions to inhibit, impede, or damage a performer’s career. The labor unions also prohibit any of their members from working with any agent or agency which has violated these terms, or those who have refused to sign off on them in the first place.

Again, most artists just starting out probably can go without an agent longer than they can go without a manager by simply finding work for themselves. As their career begins to take off and pick up momentum however, an artist should--after careful consideration with his manager--seek out those agents or agencies that can increase the employment prospects and visibility of the artist in new markets, new media, and new directions.

And, as with a manager, an artist should seek out an agent who firmly believes in and understands their career aspirations and not one who simply sees an opportunity to get a fat commission check. By heeding such advice, the agent now becomes a vital part of the team behind the artist, one whose input has proven to be valuable beyond words.

© 2004 Cornbread Productions, Alexander Magazine. All Rights Reserved
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