how long does it take for a lawyer to write a contract artist performance agreement

by Spencer Padberg 9 min read

It could be as simple as 3-5 hours or as complex as a few thousand hours. This response does not create a lawyer client relationship. Each case is determined on its specific facts and this reply is intended for a general audience and facts particular to your case may affect the answer.

Full Answer

How long does it take a lawyer to write a contract?

The normal turnaround time to write a contract depends upon the extent of the agreement in question as well as how many custom terms will be included by the lawyer. Simple agreements can take a matter of days. Complex/bespoke contracts could take weeks or months due to the need to negotiate terms and conditions for large projects.

When do you need a contract as an artist?

As an artist, it’s important to have your bases covered when entering into a situation where you are expected to provide artwork to a client, gallery, institution, etc. Berufsverband bildender künstler*innen berlin (bbk), for instance, recommends that visual artists require a contract when participating in an exhibition.

What is a performance contract for musicians?

Performance Contract | UpCounsel 2021 Performance Contract: Everything You Need to Know A performance contract is used when booking a performance by a musician, artist, band, or another performer. It's simple to create a contract for such a purpose and helps prevent misunderstandings and disagreements from occurring. 3 min read

When should you hire a lawyer to draft a contract?

When you hire a lawyer to draft a contract you are getting a custom document that was drafted specifically for your situation and to protect your specific interests. If something is important enough to create a contract, you should invest in making sure the contract itself actually protects your interests.

image

What is a letter of agreement?

At the top, you'll find important contact information, tax ID, letterhead, and a title that denotes this is a contract. A Letter of Agreement (LO A) requires a tailored reply, so that should be clearly spelled out rather than buried in the document. It should say something like "This agreement must be signed and returned prior to Artist scheduling his or her job."

What should be included in a letter of commission?

The letter should include important data like the date, client name, address, phone number, shipping number, the contact person commissioning the art, the job or invoice number, and other sections:

What is Breach of Contract?

For a contract to be valid and to prevail in the event a breach of contract action is necessary, the following elements must be proven (these may be slightly different in each state):

Should I Hire a Lawyer to Review My Artist Contract?

When possible, always have a lawyer review a contract written by the other party, since the contract will likely have been written to favor the client, not you. You can also find the local Volunteer Lawyers for the Arts chapter in your city or state. VLA’s across the country offer legal workshops, pro-bono consultations, and reduced fees.

What is arts law?

Arts Law, for example, is an independent community legal center for the arts in Australia. By submitting a query form online, Australian artists and arts organizations can request legal advice from the center, which is provided free or at low cost based on need and eligibility.

Why are contracts important?

They are important for all parties, because unforeseen circumstances may arise, misunderstandings can occur, or terms and fees might otherwise be suddenly changed without notice.

What is included in a commission agreement?

A commission agreement will generally include any special requirements of the project as laid out by the client and/or artist, and a formal timeline for completion, including any milestones/phases, progress reports, or revision rounds, as well as:

What happens if you don't sell your art?

If the work is not sold within a certain time frame, it will likely be returned to the artist. Such agreements between artist and gallery may be made on a one-off, temporary basis or as a more long-term arrangement. Important details of a consignment agreement generally include: Length of consignment period.

What is a consignment agreement?

A consignment agreement is a contract between an artist and gallery, in which the artist — sometimes similar to a loan — provides the gallery with artwork, often for a fixed period of time. Under a consignment agreement, the work is typically provided by the artist free of charge. And if the gallery sells the work while on consignment, they receive a commission on the sale (generally around 50%). If the work is not sold within a certain time frame, it will likely be returned to the artist. Such agreements between artist and gallery may be made on a one-off, temporary basis or as a more long-term arrangement.

What is a loan agreement?

A loan agreement is a contract between an exhibiting institution and the owner or artist of the work (s) to be borrowed for temporary display. In addition to covering the basic details of the artworks that are being loaned and the contact details of both parties, loan agreements typically also outline ...

Do galleries have their own contract?

Often, an institution, organization or gallery will have its own template for agreements and will provide the artist with a contract to be reviewed and signed. On the other hand, if you are commissioned for a private artwork, for example, you might need to draw up and provide your own contract.

What is the term for the writing of a contract?

The writing of the terms and details of a contract is known as drafting a contract . This is done to provide a detailed outline of the legal obligations of all parties, so the parties are aware of their duties towards one another.

Why is a recording contract important?

Recording contracts are very important for the success of the recording artist and the music production company. In most cases, the recording label will have legal representation when entering into a contract with a recording artist.

What is a lawsuit in entertainment law?

A lawsuit may be filed as a result of a breach of violation of the contract. Entertainment law may provide remedies for the aggrieved party, or non-breaching party. In some cases, a monetary damages award may be available to the non-breaching party.

What happens if a recording company breaches a contract?

Should the recording company breach the contract, damages may be available to the recording artist. These may include monetary damages for unpaid work done, royalty losses, loss of business opportunities, damages as a result of copyright infringement, and any other loss that occurred as a result of the breach.

What does a recording label use?

Recording labels use attorneys to draft their contracts, so their rights are automatically reviewed and protected. A contract lawyer can assist you if there is a violation or breach of your recording contract, whether you are the breaching or non-breaching party.

What is master recording?

A master recording is the original version of a song. The owner of the master has control over financial gains from the recordings. In many cases, record contracts are structured so the label, not the artist, owns the masters of all songs created during the contract duration.

What is a contract between two parties?

A contract is a legally binding agreement between two or more parties . Contracts can be in written or oral form but are, in most cases, written and signed by all parties. There are many types of contracts including, but not limited to: Sales agreements; Real estate purchase contracts; Employment contracts;

How to get started with a contract?

To help you get started, take a look at a few basic components to include in your contract so you can better protect your art. Client’s Info. Begin your contract with each parties’ name, business, address, email, and phone number to make it clear who is involved and how you can get in touch. Project Info and Terms.

What is an agreement between an artist and an institution?

The agreement or contract is the legal document between an artist or owner of an artwork and a borrowing institution, or between an exhibition organizer and the host venue. They are written to specify details about work to be undertaken and the expected outcomes. Formal agreements give both parties a clear point of reference as to their individual duties and responsibilities.

What is a contract?

Simply put, a contract is a document that can protect all parties by avoiding misunderstandings and serving as a paper trail if things do go wrong. It will outline the terms and conditions under which you will perform your work, what you will provide to the client, and what they will provide to you in return.

Why do we need a contract?

You need a contract because human relationships are inevitably messy, memories are often imperfect, and thus unreliable, and communication is often ambiguous. A contract cannot protect you from any of this. In fact, nothing can. But it can bring you some clarity and consensus.

Why are contracts important for creative professionals?

Contracts are especially important for creative professionals because when you sell your work, you are also selling a right to your property – in this case, your intellectual property, which is intangible.

What is the devil in art contracts?

When it comes to an effective art contract, the devil is in the details. There can be so many responsibilities to keep track of that it just makes sense to spell out who’s in charge of what and when. In the end, you will avoid any misunderstandings, help the process go more smoothly, and protect your business and intellectual property with a solid contract for reference.

What is a formal agreement?

Formal agreements give both parties a clear point of reference as to their individual duties and responsibilities. The contract should confirm the specific details of the content of an exhibition such as: payment schedule on the delivery of work.

How Do Lawyers Charge for Drafting?

Lawyers charge hourly fees, flat fees, or a combination of both for contract drafting services. Consider the differences between hourly vs. flat fee structures when hiring lawyers online.

What Information Will You Need Ready?

It is essential to have good information on hand when drafting your contract. Not only will the organization save you time and money, but it also ensures that your agreement meets your needs.

What Is Normal Turnaround?

The normal turnaround time to write a contract depends upon the extent of the agreement in question as well as how many custom terms will be included by the lawyer. Simple agreements can take a matter of days. Complex/bespoke contracts could take weeks or months due to the need to negotiate terms and conditions for large projects.

Pros and Cons of Flat Fee Drafting

The pros and cons of flat fee drafting to draw up a legal document are another element to consider. While flat-fee drafting has many significant advantages, it also carries its fair share of drawbacks.

Using Contract Templates to Start

Many business owners erroneously believe that starting with a contract template will save them money during the attorney legal drafting process. However, this strategy may actually tack on time and attorneys’ fees by approaching it from this manner.

Get Help with Contract Drafting

Get help with contract drafting by hiring a contract lawyer. Using an online boilerplate template can result in legal mistakes that cost you far more in the long run. Ensure that you receive what you want out of the contract drafting process by hiring a contract attorney to create the perfect document.

Meet some of our Lawyers

Experienced and broad based corporate/business attorney and Outside General Counsel (OGC), for start-ups, small businesses and growing companies of all sizes, advising and assisting clients with corporate and LLC formation, contracts and agreements, internet and terms of use/service agreements, trademarks and intellectual property protection, the purchase and sale of businesses (M&A), labor and employment matters, compliance and risk management, corporate governance, and commercial leasing matters.

Why is it important to write a contract without a lawyer?

One of the functions of a contract is to prevent future disputes between the two sides. This requires that the contract use precise language to describe the duties and responsibilities of both parties.

Why do people write contracts?

Most people and businesses write contracts as if nothing will ever go wrong between the two parties because the deal is too important. Contract lawyers have seen enough deals go bad that they draft contracts to address common issues in commercial relationships.

What is contract in business?

Contracts are a way for two sides to formally memorialize their negotiated deal. In this sense, the contract is a business document. It should address terms like prices, delivery, and timetables. It provides a common reference point for the two sides. However, the contract is also a legal document. The two sides are making a legally binding ...

Why do lawyers give advice?

Because a lawyer is not invested in the outcome of the transaction, they are able to give useful, unbiased advice to protect your legal rights and interests. Lawyers make sure the end product is a legally enforceable agreement. Contract lawyers have a specialized knowledge.

What happens when a contract is poorly drafted?

When the original contract was poorly drafted, a breach of contract lawsuit usually ends badly for the person who was screwed over in the deal. However, the law is complicated and this is doubly true with contract law. Courts have built up a system for interpreting different contractual clauses over hundreds of years.

What is a common contractual term?

For example, one common contractual term is “timely .”. If timely is not defined in the contract, this one word can lead to expensive litigation. One side may feel that a delivery within 30 days is “timely” while the other side may face economic ruin because it understood “timely” to mean within a week.

Why is a contract precise?

The contract must be precise if it is to give you the maximum protection of the law. Because a contract has several technical legal requirements, if your written document leaves out a single key element, you will be left with something that describes the intentions of the parties, but is not legally enforceable.

Eric J Camm

It is difficult to guess without any knowledge about what services your company will be offering. There are lots of Seattle/Bellevue business attorneys (my firm included) who will offer you a free consultation to discuss your business model and offer a ballpark on how long we think it might take...

John P Corrigan

If dollars are tight then I suggest you find 5-6 companies on the internet (s an example) that already do what you plan on doing and review their respective TOS that will give you a sense of the components that make up the document as you will see a similar format for many aspects as this is a fairly routine and mostly boilerplate disclosure.

Bruce E. Burdick

Ballpark $2,000 to $2,000,000 depending whether you are a T-shirt iron company on etsy or a new major store planning a monster launch to compete with Amazon.com. I mean, really you gotta give us more information than that to get a decent answer, and few of us are going to give you exact estimates here on Avvo.

Michael P Matesky II

Unfortunately, as with many legal questions, the answer is "it depends." I've spent many hours drafting Terms of Service for a larger company that had a lot riding on the legal aspects of the web-based service it was launching, and a lot less time for a non-profit organization that just needed some basic CYA for their...

Frank A. Natoli

You received good advice here. There is frankly no way to answer your question. As some others noted, we handle these matters on a flat-fee basis that will cap at some maximum amount of time to protect both lawyer and client from run-away project. That said, in most cases and because we handle so much of this type of matter we...

Richard H. Wooster

This is a difficult question to answer without knowing more about your business and the nature of the service provided, who are the parties to the agreement, how much of your agreement is already developed in your concept, are there any regulations affecting the service area you are serving, are there other holes in your business plan that you are looking to the attorney to fill in for you.

Keil A Larsen

In addition to hourly fees, there are several business law firms in the area that offer flat fees or project based fees which will allow you to understand your legal costs in advance. Our firm offers flat fees for most projects and would be happy to meet with you to discuss your needs and provide you with a quote for our services.

image

Components of A Performers' Contract

  • Contracts for performers do not usually need to be complicated, but they can be if needed. Large, expensive events may require extensive provisions and expectations. The basic information in a performer's contract includes: 1. Name, phone number, and addresses of both parties, including the performers' real names instead of stage names. 2. A full d...
See more on upcounsel.com

Less Common Contract Information

  • Performance contracts can be extremely complicated and specific. Here are a few other items that performers and venues or organizers can choose to include: 1. Details about the equipment and layout of the venue, such as what types of electrical connections and lighting will be available, including brands and technical specifications. 2. Backstage perks, such as catering and other ho…
See more on upcounsel.com

Preventing Problems with A Performance Contract

  • There are several common problems that occur with performance contracts. Here are a few, and suggestions for preventing them: 1. Verbal contracts: These are an accepted part of the business. However, make sure you keep as much of the communications process as possible saved in emails so you can refer to them later. If the contract is discussed verbally, send an e-mail contai…
See more on upcounsel.com

What Are Artist Contracts?

  • Every contract should spell out each party's responsibilities and obligations, compensation, and what the project entails. It can be simply worded (without using complex legal jargon) unless the project specifically calls for it. While a contract may be simple, ensure that it is clear and avoids confusing or uncertain language. Some things to keep ...
See more on upcounsel.com

Letters of Agreement

  • Letters of Agreement resemble standard business correspondence. At the top, you'll find important contact information, tax ID, letterhead, and a title that denotes this is a contract. A Letter of Agreement (LOA)requires a tailored reply, so that should be clearly spelled out rather than buried in the document. It should say something like "This agreement must be signed and r…
See more on upcounsel.com

Important Sections in Letters of Agreement

  • The letter should include important data like the date, client name, address, phone number, shipping number, the contact person commissioning the art, the job or invoice number, and other sections: 1. Project information: Define the scope of the job and assign rights. Be sure to provide as much detail as possible for each section and how the deliverables will be handled. 2. Revisio…
See more on upcounsel.com

Payment, Fees, and Shipping Terms

  • Specify the project price and payment terms. Include all fees and taxes that apply, along with any service charges you will add. On large projects, you might want to consider "progress payments" that are not directly linked to project milestones but rather the calendar. Don't forget fees and shipping. 1. Define the terms of the final payment — how much and when it's due. 2. Note that p…
See more on upcounsel.com

Tips to Keep in Mind with Letters of Agreement

  • Be sure to use "Copyright Usage" rather than just usage. This can avoid confusion. When discussing copyrightusage, be sure to include the following: 1. Transfer of rights 2. Usage duration 3. Media limitations (if not spelled out in rights section) 4. Geographical use limitations 5. Free for rights granted 6. Number of insertions limitations (if applicable) It's not recommended t…
See more on upcounsel.com