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May 6, 2012

Parent's as Artist Managers


So your child want's to be a star? As a mother of four very talented children aspiring to take the entertainment industry by storm I’ve often wondered what does it really take for them to be successful. After careful research three areas of concern in what I like to call “Parent Artist Management” really stood out. These areas are the child’s rights, the parent’s responsibility, and the team. When it comes to child rights within the entertainment industry the Coogan Act (SB 1162) states “every time young performers work under an entertainment contract, 15% of their gross earnings are set-aside for them until they reach legal majority.” This awesome law was designed to protect young performers and Coogan Accounts are available to insure that young performers really receive the portion of their earnings when they reach the age of 18.

Although your child is protected by the Coogan Act, when it comes to signing a management contract as a “Parent Artist Manager” for your child's entertainment career is one of the trickiest and most important legal tasks you will ever do.  The affects of that contract can last for your child’s entire life! Parent’s who sign these contracts without the support of a good team of industry professionals advising them are most vulnerable to industry predators. As a result your child’s contract may contain a clause holding you liable for your child’s contracts, and you could end up owing a large amount of money based on a decision your child makes within their career when they become an adult. Look at it this way all of your house, bank accounts, and assets are at risk! This is what almost happened to “Parent Artist Manager” Meshiel Cooper Traylor, mother of Craig Lamar Traylor the young actor known for his role in the Fox television show, Malcolm in the Middle.  Meshiel Traylor signed a two-page management contract with talent manager Sharyn Berg of Sharyn Talent Management in the beginning of 1999, for 3 years at 15% commission. According to and article in BizParentz Foundation the contract stated that Craig’s mother Meshiel Traylor would owe money to Sharyn Berg if Craig decided to get out of the agreement on his own, whether successfully or not!


The first 2 years everything was great and Berg worked with Traylor advising the family, coaching Craig, taking him to auditions, even loaned them money when times were hard.  Until 2 1/2 years into their 3-year agreement when Craig landed a recurring role on Malcolm in the Middle and his mother, Meshiel, sent a certified letter to Berg stating that while she and Craig appreciated her advice and guidance, they no longer needed her management services and could no longer afford to pay the 15% commission. Berg responded by informing the Traylor’s that they were in breach of their management contract and filed a lawsuit against the Traylor’s for her commissions. The court battle lasted 4 years and Berg was awarded commission and interest of $154,714.15, repayment of loans of $5,094, attorney fees of $13,762, and $405,000 for commissions according to Craig’s future earnings.  Meshiel Traylor did not give up she hired attorney Robert Pafundi, who noticed that Craig’s right to cancel the contract was never addressed. The case took a turn because Pafundi filed a Notice of Disaffirmance of Arbitration Award by Minor. It canceled the original management contract, the arbitration award, and accused Sharyn Berg of practicing as an unlicensed talent agent. Craig was released from his contract but his “Parent Artist Manager” Meshiel Traylor was still held liable for the commissions of more than half a million dollars!

On the road to success as a “Parent Artist Manager” it is our responsibilities as parents to employ a team of industry professionals who will protect your child’s rights in every area.