Commercial Contracts and Terms

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Description of Assessment: A case study presented as report of 1,500
words researching the range and nature of contractual commitments and,
using this insight, describing a range of deal opportunities available to the
Manager and Artist
The Brief:
You have been asked to advise a friend (Flo Eustace) who has been informally managing a
young band (The Diamonds) for six months. Eustace now wishes to offer The Diamonds a
formal management agreement with his management company (Eustace Management) and, at
the same time to sign them to a worldwide multi-rights deal with his own Record Label
(Carbuncle Records) and Publishing Company (Fawn Music).
Eustace is concerned that the terms of the three agreements should be reasonable and fair and
so has asked you to prepare Heads of Terms to be offered to the band on each of the three
agreements. In doing so you should point out any significant features and give an indication of
which terms may be negotiated and suggesting an initial and a fall back position which he can
take if necessary.
The advice to Eustace should be research based, set out in the form of a Case Study of 1,500
words using formal language and full Harvard Referencing to support all assertions, arguments
and conclusions throughout.
Core Learning Outcomes
LO
1 Demonstrate knowledge of entrepreneurial and innovative practice, identifying
commercial potential and multiple income streams
3 Understand and demonstrate the traits employed by successful negotiators
4 Display knowledge of the UK and international music industry and the role of the
artist manager
5 Demonstrate an understanding of contracts, music law and business deals
relevant to UK and international artists
6 Gather and assimilate information to present work in various forms, demonstrating
organisation, synthesis and critical evaluation
You should submit
● A 1,500 word full referenced case study, word-processed (main font size should be 11 or
12) and double spaced
Additional guidance
You should structure your case study in the form of Heads of Terms containing the initial offer
for the three contracts with notes explaining any significant features and, where appropriate,
giving a fallback position for negotiation and, if something should be non-negotiable, explaining
why this is the case.
The case study must be fully referenced and supported by relevant supporting evidence and
referencing according to the Harvard system

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