A baker doesn’t ask his attorney’s opinion of which dough to purchase. However, as any entertainment attorney knows, he or she may often be asked for opinions and advice on artist career matters which technically have nothing to do with the legalities of the decision being made. It is a part of what we do. I have sat in on many a strategy meeting with managers and their artists. I am there as a consultant because I have seen a lot during my career in the entertainment industry. And I am also there to keep an eye out for any possible legal issues pertaining to the matter being discussed. But I am not there to make the ultimate decisions regarding of the course of action being considered.
Most artists hopefully understand that ultimately major career decisions are theirs to make. Often a distaste for things business related and a very busy schedule will lead to the artist delegating a lot of the decision making to the team members. This might make sense when it comes to routing tour dates, the correct quantity of merch to order, and other matters of that nature. But large career altering decisions should ultimately be made by the artist after listening to his or her advisers.
I do not find that delegation to me of making legal decisions for my clients to be a sound policy – and frankly that does not work for me for a number of reasons. A very successful client of mine once told another artist “Steve does what needs to be done for you – and then he tells you he’s done it!” Ok – I was taking care of business for a very active touring artist. But only matters within the purview of legal “maintenance” of a successful career. Major decisions are a totally different matter. I recently had another successful client enter into a long-term recording agreement – not the artist’s first. After prolonged and difficult negotiations were complete and it was time to explain the contract to the artist, I was told that the artist told the manager “If Steve says it is ok I’m sure it is. Just let me sign it.”
No – please come into my office and let me explain where we are with the contract. Or I will prepare a bullet point sheet of the important deal points. But I will not make the decision for you. I will tell you what I think. But it is your career and your life. The decision is yours not mine. Personally I don’t want the liability. And if the deal sours someday, which many do, I don’t want you coming back and asking me why I “let you” sign the contract. But mostly I want you to have a long and successful career. You are the CEO so you must understand the basics of your business’ significant choices and make them for yourself.
Got it?