In the entertainment industry, the
lack of specifics can be detrimental to a negotiated agreement. Negotiations are the means of communicating
desires and interests. According to
William Ury negotiations have grown over the years and have become more
complex. Specificity is a key element in
negotiating any contract. He states the third side of the negotiations are the heard and unheard voices of the community, the community being parties on the artist's side and the parties on the other side. He suggests a goal of a peaceful outcome should
be achieved in any negotiation.
Weissmann and Levine are entertainment lawyers in Hollywood, California who give pertinent
information in a mock negotiation of a studio versus a writer. In the example they reveal that the Writers Guild has specific guidelines that both parties must adhere to in the
negotiations. The main interests for the
writer that are paramount in the negotiation are the protection of the writer’s
credit and the monetary rewards (i.e., bonuses, residuals, and royalties).
Matthew Middleton is an attorney in the entertainment industry; his main focus is on
the music aspect of the industry.
Matthew Middleton suggests that it would advantageous to an artist to be
as independent as possible in order to have leverage going into
negotiations. Examples of independence
would be to produce and write their own material. The more creative control the artists have
the more independent he or she will be and the more monetary gains. He also suggests that the artist be well versed on the business aspect
of the industry prior to negotiations. He spoke of a joint venture being a partnership between the artist and record company. The record company will supply the money and the artist has control over the creative expression.
Understanding how to negotiate affectively is a skill that the talent manager must acquire in order to best represent talent.
