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Monday, April 15, 2013

Artists vs Managers


The role that the manager plays within a talent’s career is pivotal. This is why managers and any upcoming talent usually sign contracts in order to outline what role and rights both parties would receive in the relationship. However, there have been many cases where managers and their client’s split, resulting in law suits. In recent years, it has become more common to see cases where either the artist is filing a lawsuit, or the manager is filing a lawsuit.



            In 2012, Scott Howard, former manager of actress Lisa Kudrow made an appealed to the appellate court. Howard and Kudrow was in a long legal battle that was based on whether or not Howard should receive commissions after being terminated. According to HollywoodReporter, Howard was not allowed an expert witness to testify that Hollywood managers typically continue to receive commission from jobs their client’s book, even after they are fired. The verdict from this case favored talent managers and now serves as a standard case for any future disputes similar to this. Another popular manager and artist lawsuit is Toni Braxton vs. Bankerherson case.

            In 2007 Toni Braxton filed a lawsuit against her former manager Barry Hankerson for $10 million dollars, accusing him of putting his financial interests ahead of hers and using deception to persuade her to leave Arista Records. Although the artist’s management relationship between Braxton and Hankerson had been in existence for five years, the relationship became sour. There was assumed to be fraud, deception, and double- dealing done by Hankerson. In the end, the lawsuit was settled, enabling Braxton to freely launch her singing career without being signed to Hankerson. Finally, the most popular lawsuit artist manager case to date is Taylor Swift and her former manager.


            Dan Dymtrow, former manager of Taylor Swift, filed lawsuit against the popstar in 2007 claiming that he was owed millions in commissions because he discovered Taylor Swift. He also claimed that Swift breached a management contract by paying him only $10,000 for his work that launched her career.  It was also believed that the Swift family intentionally delayed signing a record deal with Big Machine in order to fire Dymtrow and avoid paying him commissions. During the court hearing, there was a piece of evidence that showed a contract between Swift and Dymtrow prior to her deal with Big Machine. However, the court ruled the contract null and void because Swift was considered to be a minor.

            From these three cases presented above, one can see that the relationship between an artists and their manager can become ugly. Therefore, it is important for both parties to understand and agree to all terms presented in a contract, and to ensure that the contract will protect them should the other party be in breach. 

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