Music Management Conflicts of Interest: Spot and Negotiate Protections

Hidden Conflicts in Modern Music Management Deals

A manager-artist relationship can encompass music, publishing, label services and merch, all under the same management company or a management company’s subsidiary companies. That can look efficient on the surface, but it also opens the door to potentially serious conflicts of interest, commission stacking, a.k.a. “double dipping”, that cuts into your income and control as an artist.

In music, film, TV and digital work, managers may also act as producers, music publishers, label owners and merch partners. One management relationship can extend to many other contractual obligations, such as:

• Record production agreements  

• Recording agreements or development deals  

• Music publisher single song and exclusive term contracts  

• Merchandising agreements and management commissions, endorsement or commercial tie-in deals

When these roles and commissions are not clearly separated, you can end up with lower royalties, stacked commissions on the same income source and less control over income from record licensing and distribution agreements, collaboration agreements or live performance contracts and riders. This is a key reason why many artists work with a music lawyer before they sign such multi rights or 360° agreements with a manager.

Where Conflicts Hide in Management 

Be aware of wording such as:

• Management agreements that entitle the manager to also “produce” masters, “administer” songs or “exploit” audio and audio-visual masters or music publishing  

• Management agreements that specify a broad power of attorney allowing the managers to enter into long term third party agreements binding the artist

• Music publishing or record production agreements that are attached as schedules and form part of the management agreement 

If the same manager controls a company that signs you to a recording agreement or development deal, conflicts can arise when: advising you as your personal career manager and also acting as your record label. If they also run a music publishing company that signs your songwriting services under a co-publishing agreement or exclusive term contract, the conflict gets deeper.

Cross-collateralization of these income sources, for example, master purchase and sale agreements, master use licences and domestic and foreign licensing of record masters can all be tied to your management company or its affiliates own and control recordings and music

Understanding Commission Stacking Across Your Revenue Streams

“Commission stacking” happens when the same entity takes commissions from publishing the same income source more than once.

For example, here is how multiple commissions can occur when a manager serves several roles:

• Recording income from recording agreements or distribution deals, plus a production fee through record production agreements  

• Music publishing income from mechanical licences, synchronization licences and sub-publishing agreements or a share through a co-publishing agreement  

• Live performance fees from contracts and riders, with extra margins from sound and light agreements or transportation agreements they control  

• Merchandising income from merchandising agreements and endorsements or commercial tie-ins where the manager is also a merch partner or manufacturer.

In addition, there are audit and accounting issues when a manager is also the music publisher and record label. They are often the entity accounting to the artist and rendering royalty statements. If the management agreement does not give clear rights to audit accounting and royalty statements it is much harder to challenge underpayments or hidden revenue.

Key Contract Protections to Negotiate Before You Sign

Many of these risks can be reduced if you negotiate clear contractual protections before you sign. Careful contract review with a music law lawyer can make a significant difference.

• Role separation and disclosure are a strong starting point. You can:

• Require that management agreements, record production agreements and music publisher contracts clearly define each role  

• Insist that if the manager or any related or affiliated company of manager of manager’s affiliates is involved, that relationship must be disclosed in writing  

Commission caps and exclusions are also important. It is common to:

• Cap the total management commission percentage that can be taken across all services provided and contracts controlled by the manager  

• Prohibit commission stacking on the same income stream, so you are not paying the manager twice on the same income source

• Exclude certain specified revenue from management commission

Approval rights matter too. You can negotiate:

• Artist approval over third party co-publishing agreements, master purchase and sale agreements and option agreements in film and television 

• To include wording in the agreements entered into that you are free to seek independent legal advice from a music law lawyer on agreements and addenda before you sign or renew anything  

Strengthening Your Position Across Related Music Contracts

Protecting yourself is not only about your management agreement. Your whole contractual structure needs to be aligned.

• Contract terms should also be consistent across:

• Recording and record production agreements  

• Live performance contracts and riders, plus agreements for musicians’ services  

• Endorsement, sponsorships, commercial tie-in deals, and merchandising agreements  

• Music publishing agreements

You also want to protect your IP and brand. That can mean:

• Trademarks in your own name or in an entity you control, not in a manager-controlled company  

• Making sure copyright registration and copyright licences do not move full ownership to the manager  

• Owning your social media and e-mails

How A Music Lawyer Can Help 

Untangling conflicts of interest and commission stacking is not something most artists can or should try to do on their own. A focused legal review by qualified legal counsel can show how all your agreements connect.

A music lawyer can:

• Review management, agency, co-management and booking agent agreements together  

• Compare producer agreements, publishing contracts, live performance agreements and merchandising deals to find overlaps with the management agreement

• Suggest amending agreements and addenda that separates management roles, clarify commissions and improve audit and approval rights  

When there is tension, a music lawyer can help reset the relationship without necessarily ending it. 

Take time to sort out and avoid conflicts of interest and commission stacking in your management and related agreements. This can give you more control over your career and fewer surprises down the road.

Protect Your Music Career With Clear, Fair Agreements

As musicians and creators, you should not be guessing what you are signing or what rights you are granting or giving up. At Sanderson Entertainment Law we can help you understand, negotiate and secure contracts that reflect your goals and protect your future income. We can walk you through every key clause in plain language so you can make informed decisions with confidence. Ready to move forward with a new deal or review an existing one? Contact us to schedule a consultation.

This post is written for Canadian artists and is based on Canadian law. It is general information only and is not legal advice for your specific situation. 

Should Canadian Songwriters Sign Exclusive Music Publishing Deals?

Why Exclusive Publishing Deals Matter for Canadian Songwriters

An exclusive music publishing deal is a contract where a songwriter agrees that one music publisher will own, control and exploit all of their songs. In an exclusive term deal, the publisher obtains the right to license every song the writer owns, controls or writes in whole or in part, not just a few specific works. This is different from administration deals, single-song agreements or co-publishing arrangements, where control and income are shared or limited to certain songs.

For many Canadian songwriters, publishing choices can affect long-term income more than record deals or live performance fees. Recording and live performance money can rise and fall, but songwriting royalties from a strong song catalogue can keep accruing for years. That is why the question is not just “Is this a good offer?” but “Is an exclusive term publishing contract the right path right now, or should we explore other options with experienced music agreements lawyers?”

How Exclusive Music Publishing Deals Actually Work

In a standard exclusive term publishing agreement, a few building blocks show how much control you keep and how much you give away.

Key provisions usually include:  

• Scope of rights: Does the publisher control your songs worldwide, or only in certain territories?  

• Term and options: How long is the initial period, and can the publisher extend it?  

• Exclusivity: Are all songs you write during the term and pre-term included, or only songs you deliver and the publisher accepts?

An exclusive publishing agreement can lead to other music publishing arrangements. For example, a publisher signs you to an exclusive deal, then enters sub-publishing agreements in other countries. They often also handle administration of your music catalogue, or set up composer agreements, if you are writing for film or television. Co-publishing arrangements may be part of these deals, where the writer keeps a share of the publisher’s side of copyright and income.

The agreement affects every type of musical copyright royalties, including:  

• Mechanical licences for physical, download, and streaming uses  

• Synchronization licences for film, TV, ads and games  

• Performance royalties from public plays and broadcasts  

• Any future sale of the music publishing catalogue that includes your songs  

Understanding how these income streams fit together and the legal aspects of these agreements are two of the main reasons songwriters retain music agreements lawyers to represent them before signing.

Key Legal Risks Hidden in Exclusive Publishing Contracts

On the surface, an exclusive deal may seem simple: a publisher pays an advance and works your songs. The details in the clauses often tell a different story for Canadian songwriters.

Risky points to watch for include:  

• Overlong terms or options that can stretch the contract far beyond what you expected  

• Automatic renewals that are triggered unless you cancel in just the right way and time  

• Weak or unclear reversion of copyright, which can delay or prevent rights granted returning to you  

• Very broad grants of rights that cover future works, side projects or collaborations that were never discussed

Money terms can also carry serious risk. Many agreements include:  

• Advances that feel large now, but are fully recoupable against your royalties  

• Cross-collateralization, where income from one set of songs rights and or revenue source pays off debts from another  

• Royalty rates that are lower than industry norms or change in unclear ways  

• Tight limits on how you can review accounting and royalty statements or request an audit

Other contracts can be affected as well. Collaboration agreements with co-writers, agreements for musicians’ services and any guarantees or indemnities you give can interact with the music publisher’s expectations. If language does not line up across those documents, you can end up being obligated to deliver more than you can.

When an Exclusive Deal Can Support a Sustainable Career

Despite the risks, an exclusive music publishing deal can be the right agreement for your career in some situations. The key is timing, leverage and careful negotiation.

An exclusive deal may make sense for:  

• Emerging writers who are getting regular cuts or interest from labels and producers  

• More established writers who want financial support while they grow a larger catalogue  

• Artists who need global sub-publishing support because their songs are generating revenue outside of Canada

An exclusive agreement can connect with recording agreements, producer agreements, development deals, master use licences and synchronization licences. Done properly, these contracts support each other instead of pulling you in different directions.

Current trends in streaming and on screen content mean more potential uses for songs. That makes planning even more important. Many songwriters also look at basic corporate steps, like setting up a label or publishing company, so income from publishing and other rights can be better organized and separated from personal finances.

Alternatives to Going Fully Exclusive with Your Songs

You do not have to say yes to a fully exclusive term deal to work with a publisher. There are other paths that can keep more control in your hands.

Options include:  

• Publisher single-song contracts, which cover only listed works  

• Co-publishing agreements, where you share the publisher’s share and keep a stronger stake  

• Administration agreements, where you keep ownership and the publisher handles licensing and collection for a percentage of income

Many songwriters combine different agreements to protect their music without giving up every right. 

This can involve:  

• Collaboration agreements to set splits with co-writers  

• Non-disclosure agreements when sharing demos or lyrics  

• Personal service and representation agreements that help achieve your publishing plans

Music business income does not have to come only from publishing. Live performance agreements, including contracts and riders, merchandising agreements, endorsements and other commercial tie-ins and even visual or literary agreements can all support your career. When those pieces are working, you may feel less pressure to lock yourself into an inflexible exclusive publishing deal.

How Music Agreements Lawyers Protect Your Songs and Career

Music publishing contracts are complicated and even small wording changes can have big effects for Canadian songwriters. This is why working with music agreements lawyers who understand the industry can be so helpful.

Their role often includes:  

• Reviewing and explaining exclusive publishing terms in clear, practical language  

• Negotiating changes and amending agreements before anything is signed  

• Checking how the deal fits with your management, recording, live performance and corporate agreements  

Good legal protection usually also covers your broader rights. That can involve copyright registration for compositions, trademark registration for your project names or brands and confidentiality or non-disclosure agreements when you share new material with labels, producers or music supervisors.

Legal advice before signing a contract is usually easier and safer than trying to fix a signed contract later. This is especially true when your schedule is filled with recording, touring and festival dates and there is less time to slow down and read the fine print.

Take Strategic Steps Before You Sign Anything

Before accepting any exclusive music publishing offer, pause and take a wide view of your career. Pull together your existing management, booking agent, recording, collaboration and composer agreements. See where there might be overlaps, gaps or direct conflicts with the proposed publishing terms.

It can help to:  

• List your current songs and works in progress  

• Note your planned releases, co-writes and film or TV pitch opportunities  

• Think about whether you might want to sell a music publishing catalogue in the future or keep long-term ownership in the family  

With that bigger picture, it becomes easier to see whether an exclusive term deal supports your goals or limits them. Music agreements lawyers can work with you to shape the contract so it supports your creative plans while protecting your rights, both now and as your catalogue grows.

Protect Your Music Career With Clear, Fair Agreements

When you are ready to secure your rights and income, our music agreements lawyers can review, draft, or negotiate contracts tailored to your goals. At Sanderson Entertainment Law, we focus on practical advice that helps you make informed decisions before you sign. Reach out so we can discuss your situation and outline your options. If you are ready to move forward, you can contact us to book a consultation.

This post is written for Canadian artists and is based on Canadian law. It is general information only and is not legal advice for your specific situation.

Inside Music Co-Management Agreements for Toronto Artists

Inside Music Co-Management Agreements for Toronto Artists

Music careers do not grow in a straight line. With touring, festivals and release campaigns across Toronto and the rest of Canada, artists may find that one personal manager is not enough to cover everything happening at once. Co-management is one way to share the workload, bring in new skills and still keep your career moving in a clear direction.

In this article, we outline what co-management actually is, how it fits into your team, the key clauses to watch for, and where legal support often becomes helpful. Our goal is to help you understand the structure so you can ask better questions before you sign anything.

Why Toronto Artists Are Turning to Co-Management

When touring and festival offers occur at the same time as release plans, social media campaigns and sync pitches, the demands on a single personal manager are intense. Co-management lets two managers share responsibilities and bring different strengths to your project.

Co-management generally means you engage two or more managers at the same time, under a shared structure. That is different from:

• A traditional exclusive management agreement, where one manager or company controls your management rights  

• A booking agency agreement, where an agent only books shows and tours, often in a defined territory  

Co-managers deal with many other contracts, including:

• Agency agreements  

• Live performance contracts and riders  

• Music publishing and recording agreements that managers help negotiate  

• Master and sync licenses

The more of these documents you sign, the more important it becomes to keep the relationships clear and consistent.

How Co-Management Fits Into Your Music Team

A modern music team is like a small company. Each person plays a specific role and their agreements should match that role.

Typically:

• A personal manager oversees your overall career strategy and daily business  

• A co-manager may focus on a particular area, such as road management, including touring, content, endorsements, sync and master use placements 

• A booking agent handles live performance offers and tour routing under an agency or booking agreement

Co-management often makes sense when:

• You are expanding into new territories inside or outside Canada  

• You are building both your recording and live careers at the same time  

• You need a manager with special skills, such as touring, sync licensing, social media, or brand partnerships  

These management relationships usually deal with other relevant contracts to an artist’s careers, such as:

• Producer agreements and recording agreements with labels or independent partners  

• Music publishing contracts, including single song, exclusive term, or co-publishing agreements  

• Live performance agreements for tours, festivals, and one-off shows  

All of these deals interact. For example, a co-manager focused on sync may be closely involved in composer agreements, synchronization licences, and master use licences, while the other manager stays focused on tour deals and endorsements.

Core Clauses in Music Co-Management Agreements

Co-management agreements are still management agreements at their core. They usually cover the same main topics, but with extra detail about how power and income are shared between managers.

Key business terms often include:

• Scope of authority, what each manager can do on your behalf  

• Duration and options to renew  

• Territory, for example, worldwide or specific countries  

• Services, such as handling contracts and riders, merchandising agreements, endorsements releases, and collaboration agreements  

Compensation and commission are central points. Co-management agreements will usually set out:

• What income is commissionable, such as recording agreements, distribution deals, synchronization licences, live performance agreements, merchandising, endorsements and administration of your music catalogue  

• How commission is split between the co-managers  

• How pre-existing deals are treated, for example, existing masters or publishing contracts  

Power-sharing and conflict clauses help prevent issues later. These may cover:

• How decisions are made between co-managers and when your artist’s direct approval is needed  

• Tie-break or deadlock mechanisms if the managers disagree  

• Who has control over branding and trademarks, including your stage name and logo  

• Who oversees music publishing deals, master use licences and other long-term agreements  

• How the co-management agreement fits with any existing personal service agreements or earlier management agreements  

Clear wording can make the difference between a healthy partnership and ongoing tension.

Protecting Your Rights, Royalties, and Catalogue

Your management team often has a big role in building and protecting your intellectual property. A careful co-management agreement should limit who can commit your rights and on what terms.

On the publishing side, the agreement can clarify:

• Who is allowed to negotiate and sign composer agreements  

• How publisher single song contracts, co-publishing agreements and sub-publishing agreements are approved  

• How administration of your music catalogue is handled and by whom  

On the recording side, co-management can affect ownership and control of your masters and recordings. 

Common arrangements include:

• Development deals and record production agreements  

• Master purchase and sale agreements and domestic or foreign licensing of record masters  

• Producer and remixer agreements, including credit, royalty splits, and approval rights  

Royalties and accounting are another key area. 

Co-management contracts can address:

• How often royalty and income reporting is reviewed and by whom  

• The process for reviewing accounting and royalty statements from labels, publishers, and other partners  

• Use of indemnities, guarantees, confidentiality agreements and non-disclosure agreements to protect your income and your business reputation  

These protections can be especially important when your earnings start to rely more on publishing and catalogue income over time.

Avoiding Common Co-Management Pitfalls in Toronto

From the perspective of a music agreement lawyer, we often see the problems that can occur in co-management situations. These problems are usually easier to prevent than to address later.

Typical issues include:

• Overlapping commissions on the same income streams  

• Conflicting strategies between co-managers, for example, touring vs recording priorities  

• Vague exit provisions about what happens when one co-manager leaves or is terminated  

• Hidden control over trademarks, domain names, or social media accounts  

Another issue is failing to update older agreements when a co-manager joins the team. 

Often, artists need amending agreements or addenda to bring:

• Previous management agreements in line with the new co-management structure  

• Live performance contracts into line with the new commission set-up  

• Existing agreements into line with updated branding or new rights holders  

Emerging artists in Toronto have extra issues to address, such as:

• Contracts with minors and how guardians or parents are involved  

• Musical group partnership agreements that sort out ownership among band members  

• Personal service agreements that may be tied to an individual manager  

• Ensuring proper copyright and trademark registrations as the artist profile grows during busy months  

Sorting out key issues early often affords the whole management team more room to grow together.

When to Call a Music Agreements Lawyer in Toronto

Co-management touches many parts of an artist’s business at once. 

Any time you are:

• Linking co-management to recording and music publishing agreements  

• Tying in live performance agreements or touring structures  

• Connecting management terms to music publishing contracts, merchandising, or endorsement deals  

It is advisable to obtain independent legal advice before you sign.

Music law lawyers at a specialized entertainment law firm can:

• Review or draft co-management agreements so they fit with your existing contracts  

• Negotiate and draft commission structures and clarify scopes of authority for each manager  

• Align management and co-management terms with other entertainment businesses  

• Support mediations or other dispute resolution efforts, if managers or artists fall into conflict  

At Sanderson Entertainment Law in Toronto, we focus on music, film, television, visual arts, and literary works. Our role is to help artists, managers and industry professionals understand the agreements in front of them, protect rights/catalogues and build structures that can support a long-term creative career.

Protect Your Music Career With Clear, Confident Agreements

If you are negotiating a record deal, collaboration, or licensing arrangement, we can help you understand the fine print before you sign. Experienced with music agreements,, Sanderson Entertainment Law focuses on practical, plain-language advice so you know exactly where you stand. We can advise regarding your options, identify risks and help you secure terms that reflect your creative and financial goals. To schedule a consultation or ask a question, contact us.

This post is written for Canadian artists and is based on Canadian law. It is general information only and is not legal advice for your specific situation. 

Understanding Co-Publishing Deals for Canadian Songwriters

Why Co-Publishing Matters for Canadian Songwriters Now

Co-publishing deals are a big part of how Canadian songwriters turn their original songs into real careers. As singles, EPs, festivals, film and TV placements, and brand campaigns ramp up, songwriters seeing their first publishing offers need to understand what they are signing. A co-publishing deal can help get your music heard and paid for, but it also affects your long-term rights and income.

In simple terms, a co-publishing deal means you share the publishing side of your songs with a publisher. You keep your songwriter share (i.e. 50% of net receipts), and you also usually retainpart of the publisher share. This sits in the middle between an admin-only deal, where a company only handles paperwork and collection, and a full assignment of your musical copyrights where a publisher acquires and owns 100% of the publishing rights. What is at stake is control over your copyright, how your songs are used, and what you earn from your catalogue over many years.

For many Canadian songwriters, co-publishing can connect you to cross-border income in the United States and other markets. That can include synchronization licences for film and television agreements, mechanical licences for physical and digital releases and brand deals that use your music in ads or social media. Working with experienced music agreements lawyers can help protect you while still saying yes to creative and revenue generating opportunities.

How Co-Publishing Deals Actually Work in Practice

Every song has two main income streams: the writer share and the publisher share. In most systems, the writer’s share belongs to the songwriter and is not given up, even in a publishing deal. The publisher’s share is what you negotiate. In a typical co-publishing deal, that publisher share is split between the active administrative publisher and you as a co-publisher.

Based on 100% of income from your songs, a simple example looks like this:

• Writer’s share: 50% to the writer  

• Publisher share: 25% to the publisher, 25% co-publisher  

Performance royalties for public performance (radio, streaming, live, TV) are split between writer and publisher share as stated above. Mechanical royalties for copies and streams are also divided using the same basic idea. The exact split depends on the agreement. So clear drafting and review of accounting and royalty statements in relation to music are very important.

On the admin side, in a co-publishing deal the publisher fulfills these functions:

• Registering your songswith rights societies and collection agencies  

• Issuing synchronization licences  

• Collecting royalties and paying you your share  

• Auditing and enforcing rights against improper use  

Co-publishing often encompasses other music publishing contracts such as:

• Composer agreements for film, TV, or games  

• Sub-publishing agreements for foreign territories  

• Collaboration Agreements among co-writers to set splits and approvals  

All of these contractual situations need to work.

Key Terms Canadian Songwriters Must Review Carefully

There are three big areas to focus on before signing any co-publishing agreement:

1: Term, territory, and scope of the agreement:

• Are there options or automatic renewals?  

• How long does the deal last? 

• Does it cover only songs written in the term, or also older works?  

• Is the territory only Canada, or worldwide, or specific territories?  

2. Advances, royalty rates, and recoupment.

Many co-publishing deals include an advance against future royalties. Advances are recoupable, meaning the publisher recoups it from your earnings before paying you earned royalties. 

You will want to understand:

• How and at what rate the advance is recouped

• The royalty rates on different income types  

• How often you receive statements  

• Your rights to review accounting and royalty statements over the life of the agreement  

3. Rights and approvals. You should be clear on

• Which rights you are granting, including synchronization licences and mechanical licences  

• When your written approval is required for major uses, such as your music in commercials, video games, film and television agreements, or merchandising agreements  

• How amending agreements and addenda can adjust the deal as your career grows  

• What happens if there is a dispute or if you want to sell part of your music publishing catalogue later?

Protecting Collaborations, Masters, and Live Income

Most modern songs have more than one writer, so Collaboration Agreements and Co-Writer Agreements are key. They set out:

• Ownership shares of the song  

• Who can approve licences and on what terms  

• How income is split between co-writers  

• What happens if someone signs a co-publishing deal for their shares of the song

If those agreements are unclear, a co-publishing deal can create conflict between co-writers.

When to Contact Music Agreements Lawyers About Co-Publishing

Contractual situations call for legal review by music agreements lawyers. These include:

• Signing composer agreements 

• Entering publisher single-song or exclusive term contracts  

• Representation agreements or personal service agreements that affect your song catalogue or future songs  

A Canadian entertainment law firm can help negotiate co-publishing agreements, review royalty accounting, advise on the sale of a music publishing catalogue, and help with entertainment or music mediations, if disputes arise. They can also handle corporate matters for entertainment and music businesses so that your publishing sits inside a suitable legal structure that supports growth.

Our team at Sanderson Entertainment Law in Toronto works in music, film, visual arts, and literary fields, and we see how co-publishing can either build long-term leverage or lock it away.

Turn Your Next Co-Publishing Offer Into Long-Term Leverage

When a co-publishing offer lands in your inbox the best approach is to treat that offer as part of a long-term career strategy. Your songs are long-lasting assets, and co-publishing is about how those assets are managed, licensed, and shared.

The strongest co-publishing deals involve clearly defined ownership, customary financial terms and collaboration. When those contractual terms work well together, your catalogue is more than just a stack of songs. It becomes a stable base that supports your music career for many years.

Protect Your Music Career With Clear, Enforceable Agreements

If you are ready to secure your rights and clarify your obligations before you sign, our team of music agreements lawyers can review, negotiate, or draft contracts tailored to your career stage. At Sanderson Entertainment Law, we help artists, producers, and music businesses reduce risk and avoid costly disputes down the road. Reach out today to discuss your situation and get practical next steps, or contact us to book a consultation.

This post is written for Canadian artists and is based on Canadian law. It is general information only and is not legal advice for your specific situation.