Agents2

The essence of the Code consists of several basic understandings designed to address the worst of the problems that our singers have encountered. They are:

An agent’s relation and obligation to artist shall be that of a “fiduciary” and each agent shall perform in such a manner as to advance and protect the best interests of each represented artist;

The respective responsibilities of each party should be set forth with specificity in a written agreement between the artists and the agent. No such Agreement would be valid for a term in excess of three (3) years. No such Agreement would be self-renewing;

No agent should charge any artist a monthly retainer or other regularly recurring fee, including fees for unspecified or undocumented ‘expenses’.

Every agent is entitled to receive and collect commissions from artists in accordance with the schedule and provisions set forth in the Code for any and all employment secured by such agent for and performed by such artist;

No agent should charge, or attempt to collect, commissions from any artist for per diem, transportation, housing, or other advances or reimbursements made to artist by others for artist’s expenses.

Agents are entitled to be reimbursed by artist for all reasonable expenses actually incurred by the agent, with the artist’s consent, but must account to the artist for all such expenditures. Artists should have a right to examine the books and records of their agent at reasonable times;

Neither an agent not AGMA shall discriminate against or in favor of an artist because of his or her race, sex, age, national origin, sexual orientation, or membership in AGMA

Artist shall fully, fairly and completely abide by all of his or her obligations to agent;

Any artist may terminate his or her agreement with any agent if the agent breaches his or her fiduciary duty to the artist, rejects any offer of employment for the artist without the artist’s informed consent, or fails to pay over to such artist in a timely manner any monies due to the artist. Either the artist or the agent may terminate the agreement if the agent fails to secure employment for the artist for a period of: In the case of an established Artist, 90 consecutive days, or In the case of an emerging Artist,180 consecutive days.

The Code also contains an outline of the reciprocal responsibilities of both AGMA members and their Agents:

AGMA members should recognize their obligation to perform engagements booked on their behalf by the agent and to pay, on a timely basis, all commissions appropriate due to the agent for any such engagements. These obligations continue even after the termination of the agreement between the member and the agent for any engagements previously booked by agent;

Where the Guild Security Provision of any collective bargaining agreement between AGMA and an employer requires that an artist be, become, and remain a member of AGMA in good standing as a condition of employment, Artists shall comply fully with that provision and no agent shall represent an artist that does not;

When any agreement between an artist and an agent is terminated, the agent shall issue a letter acknowledging such termination, which letter shall include a final financial statement and a list of all future engagements booked by that agent for that artist.

The maximum amount that agent may spend for advertising or promotion for any artist without the artist’s specific written advance consent is two hundred dollars at any one time and not more than six hundred dollars per year. Agent agrees to render to the artist itemized statements of all expenditures for advertising and promotion and all other expenses according to the original bills at least quarterly.

The Code also establishes the maximum commissions that any agent may charge:

No agent may charge a commission on compensation that is less than AGMA scale plus 10%.

The maximum commissions which an agent may receive from the fees paid to the artist for all engagements shall be as follows: Operatic engagements - 10%; Dance engagements - 10%;
Regular concert engagements including recitals except 20% recitals given at risk and expense of Artist), symphony orchestra and oratorio; Live/Live to tape engagements for television - 10%;
Civic and community engagements - 15%; Release in other media - 15% (of additional overscale compensation received by an artist)

In those cases where an agent shall be entitled to commissions for the release of an artist’s work product in any other media, the agent shall be entitled to continue to receive such commission, even after the termination or expiration of the term of the agreement between the agent and artist for whatever period of time in which Artist continues to receive monies, royalties or other considerations.

Except where the artist fails to appear without just cause, commission shall be payable by the artist to agent only when, as and if such monies are received by the artist or by anyone on the artist’s behalf.

Agents should not charge commission on bookings arranged directly by the artist.

Over the next few years, the combination of this Code, AGMA’s continuing work on behalf of its members and the mandates of the law should produce nothing short of a revolution in the way in which agents and managers represent singers.