These Brand Partnerships can be very blurry, especially when Artists insist on negotiating for themselves and cutting out their record labels and publishers, it is easy for them to under quote. During my time at a Major I saw some really ridiculous contracts đŸ˜±
The most common of mistake is when the respective rights are all put under one contract, which is not against the law, but the assumption is that all rights are controlled by one party, Okes are just happy to see a couple of zeros and they sign off.
Image and appearance rights are completely separate from music rights, so just because an Artist agreed to be in advert and get paid for that, if they are affiliated to a record label and/or music publisher, the song used is negotiated for by them, not the artist or his manager.
Even in the instance where an artist owns all the rights, it is worthwhile assigning the negotiation of different rights to the experts in those particular fields. Often it is assumed that one entertainment lawyer is well versed in all things IP related to artist...
Don't get me wrong, the are Okes who are all rounders in this industry, but more often I have seen contracts where the fee for the image and appearance rights are based on market value which is fair, but then you look at the rights for Music and the rates are Ridiculously low!
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