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Government to name team to clean up model contracts
11:04 | Thursday February 4, 2010
The Intellectual Property Office is following up on its promise to clarify and clean up contracts between artists and record companies by appointing a team to "ensure artists don’t sign everything away when they are young.”
Intellectual Property minister David Lammy, in collaboration with the Department for Business Innovation and Skills, made the promise to draw together a working party to develop model contracts or contract clauses that strike a fair balance between the rights of creators and publishers as one of its 32 “conclusions and actions” in last year’s report © the way ahead: A Strategy for Copyright in the Digital Age.
Now a spokesman for the IPO says it is close to formulating the team and expects to approach publishers and groups such as the Featured Artists Coalition in order to progress work on the model contracts before the end of March. "We want to ensure that artists when they sign young don't lose out because some of these contracts - certainly in the fine print - are like entering a pact with the devil," he says.
He expects the work will involve a number of industry-related workshops.








Readers' comments
I have represented artists young and old throughout a 25-year career in this business. There are already many protections in place against unfair or restrictive contract clauses. I am no apologist for record labels but I am strongly against interference by government in this way in commercial arrangements. In my view more education as to what the contracts mean for artists would be of much greater benefit. Also - what will be the sanction if a company elects for whatever reason not to use a "model" clause set up by this review?
I have worked in the publishing sector for over thirty years and have to say that the comments made by Ann Harrison are entirely correct. This area has been fully litigated in recent years and there are considerable legislative protections. This business is fully regulated and does not need model contracts or any sort of Government involvement. It does need unscrupulous companies to behave correctly. However if companies try to take advantage of young artists and writers it will not take a Government recommended model contract to prevent them. There are a number of initiatives from various trade associations and if these can be followed artists and writers can be protected.
While it's good to see the Government is feeling protective of young artists, perhaps a more workable and more long lasting measure would be to bolster education for artists, composers, start up labels in Music Industry IP. It's still the case that some new labels offer artists "contract mash-ups" - bits and pieces of old contracts from other deals, from the internet and elsewhere, cobbled together to save legal bills. I know because many of my students at Northbrook College bring them in to Music Business lessons asking "should I sign this?" Usually these contracts are confused and confusing, but rather than replacing them with a government template, I would rather recommend an experienced Music Industry law practitioner like Ann Harrison (whose book we recommend for our Music Business BA) - and also the excellent legal service from the Musicians Union. This isn't label bashing at all - many of the contracts I've seen could cost the label plenty inlegal fees further down the line to sort out. It's in everyone's interest to begin a deal with a win-win agreement. Much of the education I'm suggesting already exists; not necessarily DIY law, but more about the structure of deals and knowing when and where to find a good music lawyer. PRS, MU and AIM all have good education opportunities, and some of the colleges are offering helpful courses, from smaller modules up to BA.
While I certainly don't like the idea of the government insinuating itself into every nook and cranny of day to day business and as much as I respect Ann Harrison's opinion (her book is wonderful and should be read by every jobbing musician), the issue here is not the young musicians who have representation (managers, agents, etc.), they, if properly represented, should be adequately protected. The issue is the protection of those, like myself when I signed my first industry contract back in the day, who don't, for whatever reason, have proper professional help. We can advise excitable young kids in the early days of their careers to seek out honest, reputable representation until we are blue in the face, but will they listen when the smell of fame and fortune is wafted under their noses? To assume they will hold back long enough to seek legal advice, is to ignore both the lessons of history and basic psychology.