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    Chapter 55 – Conflict of Interest

    Law Offices of Joyce L. Wischnia

    “Um-hmm….uh-hmm…..mmmmm.” Joyce Wischnia was pacing around her office as she read the agency contract in her hand.

    Bette was getting slightly dizzy watching her every move.

    “Doesn’t appear as if this is anything out of the ordinary, Ms. Porter.” The short-haired lawyer sat at her desk and flipped to the last page of the contract. Her reading glasses were perched on the end of her nose as she continued analyzing the document. “Ahh, spoke too soon.”

    Bette leaned over the desk that separated her from the attorney and attempted to get a look at the typed words upside down.

    “What’s out of the ordinary?” The brunette asked. After she had attempted to read the contract, Bette knew she would have the same luck deciphering it if it had been written in Mandarin.

    “Typically, agencies don’t contract for services to include procuring recording contracts. But it looks as if In-Tune is interested in not only procuring them, but making sure they get their cut up front.”

    Bette stared blankly at the attorney.

    Looking up from the document into questioning brown eyes, Joyce chuckled. “An agent’s job is to get an artist work, no matter the form.”

    Bette nodded her understanding.

    “For musicians, it is usually in the form of getting gigs and shows for them.”

    “But that’s something that I can do.” Bette asserted.

    “Not really.”

    “What do you mean?”

    “Are you a licensed agent?”

    “No, I’m Kit and the band’s manager.”

    “Right. Anyone can be a manager, Bette. I can call you Bette, right?”


    “Ok, Bette. It’s against the law to perform the duties of an agent without a license in California, under the state’s Labor Code. The duties of an agent are very clear. Securing any kind of work in which the artist receives compensation for, in this case, booking performances for, say, a share of the ticket sales, is the job of an agent.”

    Bette started to worry that the last two shows she booked illegally would come back and bite her in the ass.

    “So, I could be criminally prosecuted?” she asked with trepidation.

    “No. Not exactly.”

    “What does that mean?”

    “If you were to have a falling out with the band, and they withheld your commissions after agreeing to pay you a certain percentage for getting them the gig, then you would have no rights to sue them in court for payment.”

    Page 1 of 3123


    1. You did Joyce justice. Fun to read :-)
      That were some interesting legal details of the music business. I’m impressed!

      Bette’s talk with Joyce was an eye opener for her on agent’s commision. Or on Jodi’s true interest in representing the band.

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