Musical contracts in the 1990's

EmmersonGrant said:

I'm writing a character who is a Latina singer in the 1990s'.

1. I need specific information on what type of penalties would be brought upon her if she broke down and had to leave a concert once it started. Would there be "X amount of dollars for breach"?

A. That's why insurance exists. B. Penalties from whom? The tour operator? Venue?

2.- Her mom is her agent and she wants out (Mom is a vicious, predatory agent). I'm thinking of ways to remove herself from the contracts without her mother noticing. I figured her mother would have the originals of the contracts in a safe, and the copies would be archived in lawyer's offices.

I want to see if my main character could sneak around, have people help her by scrubbing the original contracts and replacing them with versions who give her back her royalties and whatnot. Where, and in whose hands, the contracts would be in order for her to start her Operation Snow White.

How would that work? There are contracts she signed. Replacing them with other versions would be noticed by the lawyers, etc. Someone is breaking into a law firm or two, going through their hard files and somehow breaking into their computer system and erasing the memories of everyone who worked on drawing up, etc., the contracts?

3.- Would she be liable also if she went to rehab in the middle of the tour?
Banking, I got it covered. I figured the mother would have her actual signature for tax purposes, so she could take her money once she realizes there is money in bank accounts to be taken.

Thanks!

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EmmersonGrant said:

Thanks for the response, Cornflake!

1. I'm thinking who could threaten her for failing to finish the performance (and maybe canceling the tour). So insurance would help, but not if they find out it was due to narcotics, right? Accidents, yes, self inflicted no?
Character had one helluva party before the gig and had a very visible breakdown during the concert. The mom is going with the worst case scenario to scare her straight. "This cost us plenty!", and that. Just wanted to make it feel real to her.
I'm also going to see how she trying to assert her independence might hurt her with previously signed (but never read by the singer) contracts.

I don't know -- I'd think stuff like that is probably covered by someone's insurance, but it depends on who you're talking about and who's saying she's liable. It's also probably a case of figuring out what you want to happen then making it vague and fairly believable so you don't get bogged down in details someone will call you on.

2.- Pretty much, yeah. I'm trying to see how she could pull an Ocean's 11 on her by substituting contracts, but maybe it is too caper-ish. I wouldn't want to make it a protracted laywer battle -not the angle I'm going for on the novel, but a way for her to regain her money and her career and chuck her to the side.

Which would just make me wonder why she doesn't fire her -- this seems like a ridiculous runaround to simply firing your agent and moving on. This is why there are lawyers.

3. Banking: the manager has given her 1 buck for ever 20 she has made, maybe less. So she should have money squirreled away. Jewelry, properties, maybe?

I'm trying to see how she could also take that money from her. This is a story where she is tired of being under Mom's thumb and wants out and wants to take what's hers. Trying to see interesting/fun/surprising angles where this could be made to happen.

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EmmersonGrant said:

Thanks for the response, Cornflake!

1. I'm thinking who could threaten her for failing to finish the performance (and maybe canceling the tour). So insurance would help, but not if they find out it was due to narcotics, right? Accidents, yes, self inflicted no?
Character had one helluva party before the gig and had a very visible breakdown during the concert. The mom is going with the worst case scenario to scare her straight. "This cost us plenty!", and that. Just wanted to make it feel real to her.
I'm also going to see how she trying to assert her independence might hurt her with previously signed (but never read by the singer) contracts.

Mental health breakdowns are common and standard on the insurance end of a performance. If nothing else, a singer can get sick or break a leg. Cost here is not to the singer in a direct way, but in an indirect "Do you want to be Lindsey Lohan? type of way. When these mental health breakdowns occur, the "cost" to the performer is lower pay and harder to find gigs. Lohan is a good example to look at, but there are so many you can look at.

Some of the contracts are voidable, others are not. Most performers don't read the fine print in their contracts -- that's why they hire managers and lawyers. Another performer you might want to look at is LeAnn Rimes.

2.- Pretty much, yeah. I'm trying to see how she could pull an Ocean's 11 on her by substituting contracts, but maybe it is too caper-ish. I wouldn't want to make it a protracted laywer battle -not the angle I'm going for on the novel, but a way for her to regain her money and her career and chuck her to the side.

But there's no way to avoid a mega-legal battle. Mom will probably move for a guardianship and/or conservatorship such as happened with Britney Spears. All contracts have at least two copies in existence (one for each side) and many contracts in the business world have many more. Many business contracts can easily have more than ten copies in existence.

3. Banking: the manager has given her 1 buck for ever 20 she has made, maybe less. So she should have money squirreled away. Jewelry, properties, maybe?

Who knows where the money is, but it has to be legally claw-backed. LeAnn Rimes went after her father for something like $7 million that he squirreled away. Self-help in solving this problem would justify a guardianship.

I'm trying to see how she could also take that money from her. This is a story where she is tired of being under Mom's thumb and wants out and wants to take what's hers. Trying to see interesting/fun/surprising angles where this could be made to happen.

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