Pop ‘stache, the blog devoted to all things music, rarely shies away from challenging accepted practiced wisdom. And why should it!? Music is created to entertain the masses and for that we need uncompromising and unconfined creativity. Pop ‘stache exhorts bands, musicians, artists and other creators of music to embrace nontraditional paths and break boundaries set by their predecessors. In the spirit of nonconformity, we have decided to draw a parallel between the world where new music is created and the world where legal negotiations, contracts, and settlements are reached. A legal tool that is often overlooked in the music world is called a nonjudicial settlement agreement. It allows artists to peacefully resolve and dissolve disputes without contracts having to go through the formalities of the courts.
What is a Nonjudicial Settlement Agreement? This is an agreement executed when one or more parties agree not to involve the court in solving a dispute. However, they still obligatory need to speak to each other to reach a peaceful resolution. The cool thing about these agreements is that they keep confidential the information, terms, specifics, and minutiae of the agreement itself.
Collaboration Played a Big Part Haven’t we all been there: strangers or people that don’t know each other very well getting together to create something? As an example, how many people thought that a couple of kids from England who are two countries away would be able to create a band and albums that could reach the millions? Or how about a twenty-year-old who started playing music since high school became the most recognizable face of the 21st-century pop music? To outsiders, the idea of collaboration without boundaries and restrictions sounds ludicrous. But for artists, this is the everyday reality. It is the same way with nonjudicial settlement agreements. It brings completely foreign parties together – people that would otherwise never spend their time together but for their common goal and the project at hand. All nonjudicial settlement agreements require three things of the parties: (1) work as a team (2) keep everyone updated on the progress towards the goal, and (3) do it for the benefit of the greater good. The greater good, in the case of creating music, can be the release of an album and the ultimate boosting of both parties’ careers.
Real World Music Examples 1. Music is made through cooperation. The same can be said about arriving at an agreement without court intervention. I can’t even count the number of times I’ve helped musicians avoid court battles over rights, royalties, and many other issues. In fact, without such outright cooperation, I honestly doubt that a fair settlement could be achieved. Why? Because the artists would likely be forced to waste time and resources on a legal battle over something that could have been solved in fifteen minutes through a simple conversation with a neutral mediator.
Nonjudicial Settlement Agreements Make Sense Although nonjudicial settlement agreements may seem like a tool reserved for high-profile artists and musicians, they are not far-fetched as a legal alternative for other artists, performance groups, and musicians alike. They can help you avail yourself of costly and time-consuming court battles, mediate between parties that hold opposing views on the matter at hand while keeping everyone informed, and most importantly, allow you to reach an understanding without unnecessary public exposure. Music is made by real people whether they are part of a band, a solo artist, or other groups. And just like music, legal agreements don’t have to be boring or unnecessarily complex. They are more efficient, and usually more entertaining than litigation. It is important to understand these legal tools so that you as the artist can efficiently use them to mutual advantage in your future endeavors.
For more information on legal agreements, you can visit Wikipedia.
