ISM MUSIC JOURNAL MAY/JUNE 2022 | IAMA GUIDELINES FOR ENGAGEMENTS
IAMA: Creating new guidelines for engagements Atholl Swainston-Harrison, Chief Executive of the International Artist Managers’ Association (IAMA), explains how experiences in the pandemic have informed IAMA’s new guidelines for engagements
Above: Atholl Swainston-Harrison
Read our feature on page 20 to learn about Paul Whittaker and the challenges of being a deaf musician
The unwelcome arrival of COVID-19 impacted the music sector for far longer than we could have anticipated. It also brought to a head the fault lines in our fragile music eco-system, as we witnessed contracts being shredded, whether through force majeure or cancellation. We learned that the concept of force majeure does not exist in every country – and how undefined it really is in legal contexts. We have also witnessed some truly wonderful examples of presenter generosity, contrasted with presenters who moved to protect themselves without regard for the artists who were left high and dry. The vulnerability of the artist in such a situation was clear, and so too their artist managers, whose commission income comes after completion of a contract. Early in the pandemic, the sector gathered to examine the business model that had become somewhat flabby in its over-reliance on simple agreements and erratic income streams. Questions emerged. Would a deposit payment for booking an artist offer more security? What would secure the artist’s contractual position? The nub of the problem is risk. While we all agree it is a shared risk in theory, in practice the current model does not support this. The core discussion areas were an improved model of business, along with all the other pitfalls in the timeline up to a performance. And questions such as would use of deposits stop presenters loading their ‘shopping baskets’, only to toss the pencilled engagements later on; would a deposit make an artist think twice about cancelling an engagement; and what value does the digital world have – and has too much been given away for nothing? – were discussed intensely.
18
High profile presenter members and experienced artist managers formed a business committee which looked at several scenarios, beginning with the idea of a deposit on booking an artist. While this sounded like a good idea at first, artist managements pushed back after realising they might become bankers in some situations – holding onto money that they could not commission. Clearly there will always be cases whereby an advance on fees would be reasonable and acceptable depending on the circumstances of the presenter. Some countries have legal frameworks that prevent any form of payment until the ‘service’ has been delivered and that includes expenses which the artist covers until the contract is complete. The ‘flabbiness’ referred to earlier often arises from a lack of timely communication, for example: the artist might be presented with unexpected media plans at the last minute or contracts arriving so late that it is almost impossible to do anything about querying them. Both presenter and artist manager must do more to discuss scenarios and details, and if one cannot offer enough information, there should be an acknowledgement of what areas remain unclear. Given that our members are spread around the world, it is evident that it is challenging to address some of the inconsistencies and give both artist manager and presenter confidence in approaching a negotiation. It is hoped that the following approved IAMA guidelines outline a useful set of values and practical considerations that will help that process and secure a better future for the artist. The document has also been adopted by our sister association, the Association Européenne des Agents Artistiques (AEAA).
