For an implied agency, the law will look at the actions of the parties to determine objectively if an agency exists – that is, have you acted in a way that reasonably implies your intention to have someone act as your agent. Generally an agency may be created by written or oral agreement, or may be implied by the conduct of the parties – both the agent and the principal. The scope of authority of an agent is discussed later in relation to what can an agent do? How do you create an agency relationship? The agent can commit you to contractual obligations within the scope of their authority. When appointing an agent you should consider and define (preferably in writing) the scope of authority that you are giving to your agent. Between the principal and the third parties with whom the agent makes commitments on behalf of the principal, which is discussed later in relation to what can an agent do?.Between the agent and the third parties with whom they deal on behalf of their principal, which is discussed later in relation to what can an agent do?.Between the principal and the agent, which is discussed later in relation to an agent’s obligations.The appointment of an agent results in three important legal relationships: Just using the word ‘agent’ does not mean that the person using it is legally recognised as an agent. Put simply, this means letting someone act for you. Legally, an agent is someone who has authority to create legal relations between their ‘principal’ (in this case an artist) and others. This legislation is discussed in this information sheet. In NSW, the Entertainment Industry Act 2013 (NSW) and the Entertainment Industry Regulations 2014 (NSW) regulate the relationship between performers (including any actor, singer, dancer, acrobat, model, musician or other performer of any kind) and their managers or agents. Typical agency agreements include the relationship between a visual artist represented by a particular gallery and between the members of a band and its booking agent. When deciding whether to engage an agent it is important to consider the agent’s reputation, personality and nature of their agency, and, exactly what you want them to do. It is different from the roles played by a manager that are usually directed to the management of the artist’s career rather than being limited to a specific activity such as selling artwork or obtaining commissions or other professional work. The role of an agent tends to depend on the stage of an artist’s career, their reputation and status. A good agent can be a key factor in assisting an artist to achieve their creative and commercial goals.Īny artist (whether a writer, visual artist, musician or actor) can get an agent to act for them at any stage of their career, and almost any person can be an agent – though not necessarily a good one! In these circumstances, an agent can be invaluable. Many creators struggle to find the time, resources and connections to effectively market and promote themselves and their work. The appointment of someone as an agent creates an agency relationship, which means that the agent can enter into contracts on behalf of, and binding on, the person who appointed them. Bands and visual artists should also read the Music management checklist and Artist-gallery checklist. It also deals with any state legislation that applies to agents, managers and venue consultants in the entertainment industry. This information sheet explains what an agency is, how it is created, the authority granted to an agent, an agent’s obligations, and the important terms of agency agreements. This information sheet explains what an agency is, how it is created, the authority granted to an agent, an agent's obligations, and the important terms of agency agreements. There are specific legal rules which apply to these agency relationships. The manager or agent can enter into contracts that are binding on the person who appointed them (the principal). Visual artists often have a dealer who represents them. Actors, musicians and bands often appoint agents or managers to act on their behalf.
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