{"id":4256,"date":"2012-03-21T01:00:36","date_gmt":"2012-03-21T05:00:36","guid":{"rendered":"http:\/\/www.musicalamerica.com\/mablogs\/?p=4256"},"modified":"2012-05-24T20:12:22","modified_gmt":"2012-05-25T00:12:22","slug":"the-truth-about-industry-standards","status":"publish","type":"post","link":"http:\/\/www.musicalamerica.com\/mablogs\/?p=4256","title":{"rendered":"The Truth About Industry Standards"},"content":{"rendered":"

By Brian Taylor Goldstein<\/strong><\/p>\n

Dear FTM Arts Law:<\/em><\/p>\n

I was recently reviewing a contract I received from an agent. When I asked for some changes, she told me that her contract was \u201cindustry standard\u201d and that nothing could be changed because that\u2019s the way everyone does it. In the future, I don\u2019t want to waste anyone\u2019s time or appear like I don\u2019t know what I\u2019m doing. Are there industry standards for certain types of contracts? Where can I learn what is and is not legally required?<\/em><\/p>\n

Do not mistake \u201cindustry standard\u201d for \u201clegally required.\u201d Something which is \u201clegally required\u201d is mandated by statutes or regulations\u2014such as visas, taxes, licenses, or permits. The term \u201cindustry standard\u201d, on the other hand, usually means: \u201cThis is how I\u2019m used to doing it and I\u2019d rather not change.\u201d Too often, its employed as a form of peer pressure to make you feel that you have no right to make counterproposals, counter offers, or suggest a new or different way to structure the deal or transaction. Nothing could be further from the truth! The only industry standards in this industry are that there are NO standards!<\/span> This is not to suggest that there are not ways to structure some deals and transactions that are more common than others, but even a common practice or custom does not mean that it is unchangeable. More significantly, if you polled a cross section of performing arts professionals about any given topic, you will find a significant divergence of opinion as to what is and what is not \u201cstandard\u201d. In other words, just because someone has done something a certain way for 20 years does not mean that\u2019s the way everyone else must do it, much less you. It may be \u201cstandard\u201d for that individual or organization, but it doesn\u2019t make it \u201cstandard\u201d for anyone else.<\/p>\n

In your question, you don\u2019t mention the specific terms that were at issue. Depending on the circumstances, what you were asking for may have been completely reasonable or completely ridiculous. But that really doesn\u2019t matter. Perhaps more than in any other industry, the arts is based on relationships and success depends on the health and strength of those relationships. When entering into any arts-based relationship, you should always feel free to ask questions, propose new ways of doing things, and think creatively. This does not mean you will get what you want. That will depend on negotiations and the negotiating positions of the parties. If you need to licensing rights from another party or want to work with them more than they want to work with you, its to be expected that they may counter any or all of your proposals with \u201ctake it or leave it.\u201d However, that\u2019s not because of any predetermined \u201cindustry standard\u201d, its just that they may be in a better position than you are to dictate the terms they want. That\u2019s not necessarily unfair, its just reality. In response to an attorney who once presented me with a contract which he insisted was \u201cindustry standard\u201d, I told him that, according to his \u201cstandard\u201d, the artist gets screwed, so we need to pick a better standard. It never hurts to ask!<\/p>\n

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\"\"<\/a>For additional information and resources on this and other legal and business issues for the performing arts, visit ftmartslaw-pc.com<\/span><\/span><\/a>.<\/span><\/p>\n

To ask your own question, write to lawanddisorder@musicalamerica.org<\/span><\/span><\/a>.<\/p>\n

All questions on any topic related to legal and business issues will be welcome.\u00a0However, please post only general questions or hypotheticals. FTM Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.<\/p>\n

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THE OFFICIAL DISCLAIMER: <\/span><\/span><\/strong><\/p>\n

THIS IS NOT LEGAL ADVICE!<\/span><\/span><\/strong><\/p>\n

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!<\/em><\/p>\n

\u00a0<\/em><\/p>\n