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Cardozo Journal of Conflict Resolution

Abstract

The problem is not that the artist-manager relationship is a highly personal one. The problem is, that due to the present state of the music industry and current legislation, the nature of the relationship is given no weight when disputes between the parties occur. The constraining designation of the artist-manager relationship and ineffective legal remedies provided when disputes arise, negatively affect the viability of the relationship and essentially guarantee dissolution of the relationship.

This Note addresses that problem. Instituting different forms of alternative dispute resolution ("ADR") processes, commonly applied in divorce and family law, at different stages of the artistmanager relationship could prove beneficial to the artist and manager, as well as the music industry at large. Substituting alternative measures in place of litigation provides the artist and manager with a more favorable opportunity to preserve the relationship.

Part II of this Note first illustrates the unique personal nature of the artist-manager relationship by examining the distinct characteristics and role of the personal manager and the formation of the artist-manager relationship. It then identifies the state and federal statutory schemes governing artist representation that impact the artist-manager relationship, with special attention given to California Labor Code § 1700(4), commonly referred to as the Talent Agencies Act, and N.Y. General Business Law § 171. Part III will discuss disputes and challenges that commonly arise between artists and managers throughout the relationship, and examine the effect insufficient legislation and disregard for the personal nature of the relationship has on courts and the Labor Commission when addressing artists' and managers' claims. Part III then explains how implementing methods of alternative dispute resolution could increase the longevity of artist-manager relationships and decrease the number of disputes effectuating termination of the management agreement. Part IV presents alternative dispute resolution methods effectively implemented in the practice of family and domestic relations law, and proposes a new paradigm for resolving artist-manager disputes out of court by implementing these methods and providing greater consideration to the similarities between the artist-manager relationship and marital relationship. This framework aims to construct a strong initial foundation for the artist-manager relationship in order to ensure fewer disputes arise and that the parties are provided with the opportunity to maximize the longevity of the relationship. Finally, Part V concludes with recommendations and analysis.

Disciplines

Contracts | Dispute Resolution and Arbitration | Entertainment, Arts, and Sports Law | Law | Legal Ethics and Professional Responsibility

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