Opportunities and pitfalls for artist management, license and cancellation contracts

In the dynamic world of artist life, artist management, license and termination contracts play an important role in the legal sense. In terms of employment relationships in art and culture, it is important to know the labor law options and mine fields. In their complexity and potential pitfalls, these legal areas are often underestimated.

This article illuminates nuances and offers valuable insights for freelance artists, employers and employees.

Important note: Please note that this is not a legal advice. We are not lawyers and illuminate various aspects from our (legal) lay view.

Different artists in labor law

There are traditionally little labor law touching points for visual artists, since the vast majority probably act as free artists on their own account. Nevertheless, there are also deals of employees here.

However, artists in particular can be found in the following areas:

Stage artist / performing arts

A professional career as a stage artist requires knowledge of the legal framework that regulates employment contracts. According to the bourgeois code (BGB) and collective agreements , which are usually subject to the German Trade Union Confederation (DGB) or other relevant professional associations such as the German Stage Association , the working conditions for stage artists are set.

stage customs , which contain additional provisions and customs that go beyond the legal requirements, are also particularly important These traditions play a crucial role in contract negotiations and working practice for stage artists.

In most cases, stage artists are considered workers, even if they are only active for one season, several seasons or guest performances under season contracts. The theater entrepreneur determines the artist's workforce in terms of the type of activity, working hours and the place of work.

The entrepreneur who runs the theater and is responsible for the payment and compliance with labor law provisions is the employer.

With so -called hiking stages , however, specific regulations and restrictions that need to be observed can apply. It is therefore important to familiarize yourself in detail with the legal framework and customs of stage operation in order to conduct a successful and legally secure career as a stage artist.

As a stage artist, you are generally entitled to adequate employment and a binding fee. If you are obliged to take part in publicly transferred events, you will usually have additional remuneration (judgment of the BAG of 08.03.1989, see source #1 below in the article ).

If your employment as a stage artist is not appropriate, you are usually entitled to compensation. A special regulation applies in stage work law: an employment contract that was concluded for at least one season is automatically extended to the same conditions.

However, this extension can be prevented by a written notification of a contracting party (non -extension notification). The deadline for this communication is extended according to the duration of your employment.

Film and television

Film law is a complex area of ​​law based on various legal foundations. It is not only based on labor law, but in particular also on the civil law . In addition, the collective agreement for film and television sheep players plays an important role in this area.

The legal structure of film law therefore includes a variety of regulations and provisions that are specially tailored to the special requirements and needs of the film and television industry.

By combining these legal basics, the rights and obligations are determined by both the employee and the employer in the field of filmmaking and ensure a regular process and fair working conditions for everyone involved.

musician

The rights and obligations of musicians according to labor law are anchored in the civil code .

However, it should be noted that, depending on the artistic orientation, different regulations can apply, be it when it comes to appearances in restaurants, varieties, circuses, spa chapels or when working with cultural orchestras.

The variety of fields of work and the specific requirements for musicians make it important to deal with the various legal framework in order to ensure a successful career in the music industry.

Artist

Labor law for artists is regulated in accordance with the civil law and collective agreements.

With regard to legal disputes, it is important to know that the labor courts in Düsseldorf and Munich are responsible. These courts have the task of making fair and fair decisions in labor law disputes in order to protect the rights and interests of the artists concerned.

It is therefore advisable to contact experienced lawyers in the event of legal questions or problems who are familiar with labor law for artists and offer professional support. Selected contact points can be found in our sources (at the end of the article).

What is a termination agreement?

An termination agreement is an agreement between employer and employee who ends the employment relationship mutually. In contrast to a termination, where a party usually ends the relationship, a termination agreement requires the consent of both sides.

For a well -founded decision, it is advisable to consult an expert and have the termination agreement checked.

Advantages of a termination agreement

The termination agreement is more than just a formal document; It is a strategic instrument that offers decisive advantages for both employees and employers. These advantages go far beyond pure flexibility and control.

For employees: planning security and negotiation power

For employees, the termination agreement offers a high degree of planning security. You have the opportunity to actively help shape the end of your employment relationship. This flexibility is particularly valuable when it comes to professional reorientation or planning phases of life.

In addition, the termination agreement enables employees to negotiate important aspects such as severance payments or the design of the transition phase.

For employers: efficiency and risk minimization

Cancellation contracts are an efficient means for employers to make personnel adjustments without getting caught up in lengthy and often costly dismissal processes.

They enable a faster realignment of the staff, which is particularly important in times of economic change or the need for restructuring.

In addition, termination contracts minimize the risk of labor law clashes because they are based on mutual consent.

Win-win situation: mutual advantages

A well-designed termination agreement can create a win-win situation for both parties. Employees are given the opportunity to proactively make their professional future and possibly even secure financial benefits. Employers benefit from efficient personnel adaptation and avoid the risk of lengthy legal procedures.

These mutual advantages contribute to the conclusion of the termination of a termination agreement.

Risks and pitfalls

Although cancellation contracts offer many advantages, their complexity also carries risks. Unclear or errors in the contract can lead to legal disputes. It is particularly important to pay attention to the correct wording of severance payments, notice periods and confidential clauses.

The importance of professional advice

Professional advice can help to avoid typical mistakes and ensure that the contract is fair and legally flawless. It is therefore advisable to obtain legal advice before signing a termination agreement.

Defection agreement in practice: a case study

A clear example is the case of a medium -sized company that had to restructure due to economic difficulties. By using cancellation contracts, the company was able to flexibly adapt the number of employees without having to go through lengthy termination procedures.

Lessons from practice

This case shows how termination contracts can contribute to coping with challenges in business life. At the same time, he illustrates how important it is to carefully design the contracts and obtain legal advice.

A double -edged sword

Cancellation contracts are a powerful tool in labor law. They offer both employers and employees great opportunities, but also come with risks. Careful consideration and professional advice are essential to fully exploit the advantages and avoid the pitfalls.

The importance of an informed decision

Finally, it can be said that termination contracts play an important role in the modern world of work. Your correct application and awareness of your complexity can be crucial in order to make professional transitions smoothly and advantageous.

Terminate long -term artist management contracts

At the beginning of their career, many artists, musicians, influencers and creative people often conclude long -term management contracts that include high commission claims in favor of management. Especially at the beginning of their career, the mostly young talents with talented management at their side hope for a successful start in their professional career.

The manager knows many influential personalities and has ambitious plans for the future of the artist! Recognition, fame and financial success seem to be within reach as soon as the contract is signed.

Of course there are a lot of serious, fair and committed agencies as well as lawyers. But finding it is sometimes difficult. So what can you do if you have bound false management with excessive commission claims in the long term of often more than 20 %?

Similar to an unsuitable lawyer, you can terminate the contract and get involved with new professional perspectives.

In management contracts, fixed terms are common that can automatically extend. If you have missed the notice period, this can be problematic. However, the legislator has a solution: § 627 BGB enables artists to detach themselves from a management contract without notice if they are particularly trust.

This regulation also applies to artist and athlete management contracts and cannot be excluded by contractual clauses. This gives artists the opportunity to protect themselves in contracts that appear as binding. Knowledge of this regulation is therefore particularly important for every artist.

Detailed information and legal details can be found About us Ere Quelle #2 (at the end of the article).

Design correctly

One last important area for countless artists and authors are license agreements .

A license contract can be used to transmit usage rights for personal mental creations such as music, literature, photographs, films and software or commercial property rights such as brands, designs or patents. These contracts regulate permitted use and the scope of the rights. In addition, special contracts can be concluded in accordance with Section 311 (1) BGB. The legal regulations for license agreements can be found in the copyright law §§ 31 ff. UrhG and in the "law on publishing law" .

In a license agreement that can generally be formless, certain exceptions must be observed. These contain contracts on unknown types of use and future works that must always be recorded in writing. A written agreement is crucial for the licensee to avoid misunderstandings. Otherwise, the purpose transmission rule according to the Copyright Act, which only grants the usage rights agreed in the contract. This serves to protect the author from an unwanted comprehensive granting of all usage rights.

• Contracting parties
• Concrete license
• Definition of individual types of use
• Further licensing option (consent to the granting or transfer to third parties; permission to sub -license or similar)
• Exclusive or non -exclusive rights of use
• Spatial and temporal restrictions (contract duration)
• License fees or adequate remuneration (different types of remuneration possible: participation, buy-out, possible combinations, piece-sales profit or flat-rate licenses)
• Change and processing options of the licensee
• Rights of recall (e.g. if not exercising for individual types of use)
• Time of the transfer of rights
• Regulation of prohibition rights (e.g. defense of property rights against injuries by third parties)
• Liability and warranty/law assemblies

There are already prefabricated patterns for simple license agreements on the Internet. But if it is about considerable sums or a long -term agreement, it is advisable to consult a specialist lawyer. This should have specialized in the areas of copyright, design law and trademark law.

Joachim Rodriguez y Romero

Owner and managing director of Kunstplaza . Publicist, editor and passionate blogger in the field of art, design and creativity since 2011. Successful conclusion in web design as part of a university degree (2008). Further development of creativity techniques through courses in free drawing, expression painting and theatre/acting. Profound knowledge of the art market through many years of journalistic research and numerous collaborations with actors/institutions from art and culture.

www. kunstplaza .de/