Entertainment Lawyers Toronto

For artists, there are many appealing aspects to being self-employed. Many creative people have made a career out of becoming contractors, often being hired on for different projects — sometimes several at the same time. However, the largest consideration is that your personal assets may be at risk if you find yourself being sued for a contract you signed personally.

The Benefits of Artist Incorporation:

Liability Under Ontario law, a corporation is a separate legal entity — meaning it is the one being contracted for the work, not you personally. If you are ever sued for not fulfilling your obligations under a contract, your personal liability is limited to whatever assets are held by your company. This means your personal assets — your home, your savings — are protected. Ensuring that you create and sign all contracts in a corporate capacity is key to protecting everything you have built.

Taxes There are numerous tax benefits available under incorporation. We can work alongside your accountant to make sure that you are being taken care of. If you do not yet have an accountant we can help you find the best person for the job specific to your unique needs.

Things to Keep in Mind: Incorporating can protect your art, your personal assets, and yourself when facing legal matters. The added professionalism of an incorporated business may also stand out to productions looking to hire — showing that you are serious about your craft and your business.

Contact Hummingbird Lawyers to learn more about artist incorporation and how it can work for you.

Playing local shows and bar gigs can eventually lead to your big break as a musical group. However, before seizing the opportunity to sign with a record label or headline any shows, be sure to have a Band Agreement — or as it is known in the legal world, a Joint Venture Agreement.

What Is a Joint Venture Agreement? A Joint Venture Agreement is established between partners — in this case, members of a band or musical group. It outlines the duties and obligations of each member towards one another and the specified venture itself. It sets out goals, roles, and decision making processes. The agreement is created between two or more parties who are contractually bound to combine resources and expertise with a shared view to carry out a specific project or venture.

A Joint Venture Agreement is a broad contract not legally bound to one set of legislation — instead it is enforced under the jurisdiction that the parties choose, meaning the contract will be held to certain provincial and some federal laws that pertain to written contracts and business arrangements.

What Are the Benefits? Because of the freedom surrounding which clauses and stipulations to include, there is a lot of creativity when drafting to ensure that everyone understands what they are signing and that the specific nuances of your relationship are noted.

Any losses, unknown expenses, gear upgrades, marketing, and distribution are covered by the group’s income — not just one member’s finances. Likewise, the income garnered by the success of the group is spread among the members in accordance with how they all decided to split it in the agreement.

Contact Hummingbird Lawyers to have your Joint Venture Agreement drafted or reviewed.

Securing an agent can be one of the most influential moves of your career. They can secure meetings with new contacts and expand your networks to lead to your next big opportunity. However, a well-planned representation agreement can be the difference between propelling your career forward or having your dreams crushed by someone who has not been truthful with you.

What to Look for in a Talent Representation Agreement:

The Term Make sure you are covered starting immediately upon signing and for an appropriate length of time. A longer term gives you more chances to secure projects and opportunities. However, the agreement should also allow the opportunity to terminate early if the agent and talent relationship falls through.

The Commission An agent is entitled to a commission for any work they secure for an artist. Make sure the commission percentage is agreed upon and negotiated — not simply written in. The commission should always be calculated after any incurred expenses are deducted.

The Agent’s Responsibilities It should be made clear in the agreement that any samples of your work in the agent’s possession are protected from damage or loss and cannot be transferred at the agent’s discretion. In the event of termination, samples should be returned within an agreed upon timeframe. The agreement should also outline what expenses the agent bears, including what percentage of promotional costs they will share with you.

Things to Keep in Mind: Vagueness and undeclared aspects should always be a red flag in any contract. An agent may opt to represent you without officially signing you to their agency, or hold back certain opportunities at their own discretion. Always make sure you understand every part of your agreement before signing.

Contact Hummingbird Lawyers to have your representation agreement reviewed before you sign.

A Financing and Investor Agreement is drafted and negotiated with a focus on protecting an investor’s assets, the investment itself, and the intellectual property of the borrower when both parties are committing to a project. Whether working on a stage program, television show, movie, or other creative venture, having a strong and detailed agreement is essential.

Forms of Investment:

Equity Money is contributed to the production in exchange for a partial ownership interest and a potential portion of profits. The agreement needs to address what percentage of ownership the investor receives, how they will recoup their investment, and whether and how they will see a profit.

Loans / Bridge Financing Bridge financing is used to fill the gap between what has already been raised and what the total cost actually is. Without a properly structured agreement, the filmmaker or playwright could be on the hook for the full amount of any unpaid loan.

Each agreement should protect both investors and creatives as they work together to bring a project from paper to stage or screen.

Contact Hummingbird Lawyers to have your Financing and Investor Agreement drafted or reviewed.