Key Differences Between Agent and Manager – Media and Entertainment Law

If you’ve worked in the entertainment industry, whether it’s an actor, musician, or other talent, chances are you’ve come across talent agents and managers. The responsibilities of agents and managers can sometimes overlap, but it is important, especially with talent, to understand what each has to offer and how they are regulated by certain laws.

roles and responsibilities

Agents are primarily focused on seeking and securing employment on behalf of talent. They help clients get paid and assist them in making connections. on the other hand, manager Focus on shaping and maintaining the overall image and development of an artist’s career. They help market talent and provide advice on how to attract consumers and other talent consumers. Managers typically manage day-to-day business activities, assist with marketing, social media and promotional materials, and make referrals to agencies, business managers and publicists. They also help with talent development, including finding classes, coaches, and other resources to help their clients improve.

Terms and Conditions

A key difference between a manager and an agent is that the employment of an agent is strictly regulated by state laws and regulations.exist New York and california Where there is a large entertainment market, anyone who solicits and arranges work for artists must be licensed to do so. Artists can check the New York and California registration databases to confirm that an agent is registered. Managers, on the other hand, are exempt from these restrictions in most states. This often results in overlapping roles of agent and agent, as an agent’s role in an artist’s career development may involve reaching out to industry contacts and discussing new opportunities or deal terms.

In New York, there is an exception to the licensing rules that allows managers to source work for their clients if that is incidental to their primary role as artist manager. This includes introducing individuals in the client’s industry who can advance their career or other situations where the distinction between “agent” and “manager” becomes blurred. California has no such exception, unless it involves the procurement of recording contracts.

Talent agents also often adhere to guild and union codes of conduct. Unions may dictate fees, require the use of contract forms, and insist that agents obtain franchise licenses. For example, agents who work with actors need a SAG-AFTRA Franchise License. Without a franchise license, talent agents cannot find jobs for any member of the union. Managers are not regulated by the guild, but they still have a fiduciary duty to their clients.

pay differential

Agents and managers often earn commissions based on the income of their clients. The manager’s commission is usually set at 10% and is charged when the artist is actually paid. Agents may not charge an upfront fee, and certain other amounts paid to the artist (meals, travel, living expenses) are usually not included in commission calculations. Managers can take anywhere from 10% to 30% of an artist’s gross earnings as a commission, which usually varies by industry, status of the artist, and reputation and experience of the manager.

both agency contract The Manager Contract shall set out the commissions payable, the work applicable and all relevant payment terms, including any entitlement to continue to receive commissions beyond the end of the term of the agreement.

customer relations

Both agents and managers have certain obligations and restrictions to follow when acting on behalf of an artist. Agents have a duty to act honestly and in the best interests of their clients. New York, for example, requires agents to research potential employers to determine if they have a history of defaulting or delinquent payments to former employees before they can find jobs for that employer’s clients.Agents also must not engage in work that could create a potential conflict of interest with their clients, nor attempt to limit any of their fiduciary duties to clients to contract.

Managers typically have fewer clients than agents because they offer a wide range of services and require more time with each client to ensure they work together to shape the client’s reputation. In contrast, an agency may have hundreds of clients because they only care about booking jobs for clients. Therefore, they may not be able to dedicate the same amount of time to each client. However, attorneys often work with other representatives of their clients, including managers, publicists, and attorneys, to help their clients achieve their goals and advance their careers.

in conclusion

At the end of the day, whether an artist needs an agent, an agent, or both will depend on their individual needs and goals. It is important for artists to think through their options and do their research before choosing a rep.one Experienced Entertainment Lawyer Can be an invaluable asset in contract negotiations and ensure the artist’s interests are protected.

The content of this article is intended to provide general guidance on the topic. Expert advice should be sought depending on your specific situation.