Traps & Scams Every Musician Must Avoid

Manager Commissions Your Royalty Recoupment Savings - Traps & Scams Every Musician Must Avoid

Manager Commissions Your Royalty Recoupment Savings - Traps & Scams Every Musician Must Avoid

Your manager just celebrated saving you thousands on recoupment fees. They got the label to write off expenses. They negotiated a producer buyout. They made the math look pretty. Then they sent you a bill for their cut of the savings. Wait. What just happened. You are not alone.

This guide rips the curtain off common manager tricks that siphon your royalty recoupment savings. You will learn the exact clauses to watch for, the scammy language managers use, how the numbers actually look in real life, and precise contract language you can use to protect yourself. We explain every term as if you are hearing it on a late night text thread with a lawyer who drinks too much coffee. You will leave with practical scripts, negotiation moves, and a survival plan if you already paid the commission wrongfully.

Why this matters right now

Musicians live in a world where advances, producer fees, and label costs get recouped out of royalties. That makes royalty accounting messy. Some managers are brilliant at extracting their commission from every single money movement. That can turn a victory where the label reduces recoupable expenses into a victory that leaves you poorer. The worst part is that the language that allows this often hides in the manager agreement under words that seem harmless. We will show you how the sausage is made and how to stop getting served. Fast. Loud. With receipts.

Key terms you must know

Before we go deep into scams and red flags, here are the money words. We will use these a lot. If you already know them, skim. If not, read slowly and maybe take a shot of water.

  • Advance A lump payment the label gives the artist up front against future royalties. Think of it as a loan the label expects to get back through your royalties.
  • Recoupment The process where the label recovers the advance and other recoupable costs from royalties. Recoupable means it will be returned to the label out of your earnings before you get royalties.
  • Recoupable expenses Costs that the label charges against your royalties. Examples are studio time paid by the label, music video costs, promotional spending, and sometimes producer fees. These are not always obvious until you read the contract.
  • Royalty The payment you get from sales, streams, and licensing after the label accounts for recoupment. There are many types including mechanical, performance, streaming, and sync.
  • Mechanical royalties Money earned when your composition is reproduced. If someone streams the song or a label presses CDs, mechanicals are part of that pie.
  • Performance royalties Money collected by a PRO which is short for performance rights organization. This includes organizations like ASCAP BMI and in other countries PRS SOCAN and so on. These pay when your song is played on radio live venues or streaming platforms in some contexts.
  • Net versus gross Gross means before deductions. Net means after allowed deductions. Managers and labels will squabble forever about whether commissions apply to gross or net.
  • 360 deal A contract where the label takes a cut of many revenue streams like touring merchandise publishing and sync. That expands the pie managers might claim commission on.
  • Cross collateralization When the label applies income from one project to recoup costs from another project. That can turn separate albums into a single debt bucket.
  • Backend Money that comes later after the label recoups. Managers often want a slice of the backend as if it is a buffet made for them.

How manager commission scams usually work

There are patterns. Once you see them you will read contracts differently. Here are the most common plays managers use to grab money that should be yours. None of these are universal. Some managers are angels and have your best interest at heart. This guide is about spotting the people who look like angels and act like tax auditors with trust issues.

Play 1: Commission on savings from recoupment negotiations

Scenario: Your manager negotiates with the label to reduce recoupable expenses by 50 percent. The label agrees. The label then gives you a number called savings. Your manager claims a cut of that savings on the basis that they negotiated it.

Why it is shady: The savings were never cash that hit your pocket. Money that never arrived should not be taxed by commission. Even if the label lowers the debt bucket your royalties may still be subject to complicated waterfalls and reserves. A manager taking a percentage of a theoretical savings is a red flag unless you signed that exact deal up front and you were fully informed.

Play 2: Commission on gross royalties before recoupment

Scenario: Streaming money comes in. The manager insists that commission is on gross receipts. That means they take their cut before the label deducts recoupable expenses. You end up paying commission on money that no one actually got because the label applied it to debt.

Why it is shady: Taking commission on phantom income lets the manager profit from money you never received. This is why defining the commission base is critical. Most fair deals tie the commission to what the artist actually receives after recoupment is accounted for or to clearly defined gross streams that exclude recoupable flows.

Play 3: Commission on recoveries and buyouts

Scenario: The manager persuades a producer to accept a buyout. The producer accepts a lump payment in exchange for future royalties. The manager then demands commission on the buyout amount or on the future royalty stream saved by the buyout.

Why it is shady: The buyout is a restructuring of obligations. If the buyout money goes to pay debts or producer fees that were already part of the record budget then the artist is not enjoying a new benefit that justifies a manager commission. Commission on a buyout can be legitimate when the manager brings a buyer and the artist receives net cash. The fine print matters.

Play 4: Commission on cross collateralization settlements

Scenario: The label agrees to stop cross collateralizing or agrees to credit back certain income. The manager calls that an earned savings and takes a percentage.

Why it is shady: Cross collateralization fixes often rearrange accounting without creating new liquid funds. Managers taking commission on a ledger entry rather than cash is a classic trick.

Play 5: Commission on publishing and PRO collections that are not manager earned

Scenario: Manager claims a commission on publishing administration or PRO payouts that were always managed by a publisher or collection society.

Why it is shady: Managers should not automatically get a slice of publishing unless that was negotiated. Publishing is an asset separate from the artist management relationship. Publishing income is often split with co-writers and publishers. If the manager has not contributed to creating or registering those songs then commission is not automatic.

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  • Pick the sharpest scene for feeling
  • Prosody that matches pulse
  • Hooks that distill the truth
  • Bridge turns that add perspective
  • Images over abstracts
  • Arrangements that support the story

Who it is for

  • Songwriters chasing honest, powerful emotion writing

What you get

  • Scene picker worksheet
  • Prosody checklist
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Real world example with numbers

Numbers are the truth serum. This simple example shows how a manager taking commission at the wrong moment can cut an artist's take massively.

The setup

  • Label paid an advance of 10000 dollars. That advance is recoupable meaning the label expects to get it back from your royalties.
  • Your streaming income for the quarter shows gross receipts of 5000 dollars.
  • The label applies the 5000 dollars to recoup the advance. That leaves 5000 dollars still owing on the advance.
  • Manager claims 20 percent commission on gross streaming receipts.

If manager takes 20 percent on gross

  • Manager takes 1000 dollars off the 5000 dollars gross immediately.
  • Label still applies 5000 dollars to recoup the advance. The label says you have 0 royalties to pay out because the 5000 gross was used up in recoupment. You effectively got 0.
  • The manager got 1000 dollars for work resulting in no money landing in your pocket. That is a problem.

If manager takes 20 percent on net after recoup

  • Label applies the 5000 dollars to advance. You still owe 5000 dollars to the label. There is nothing to pay the manager unless you have another clause that pays commission on the portion of gross earmarked for recoupment. If the manager only gets commission on money that was actually paid to you after recoupment you get 0 and the manager does not get paid either. That is fair.

This shows the difference between being paid on gross receipts and being paid on actual artist income. That difference is the reason the contract language matters so much.

Red flag contract language to watch for

Contracts are full of words that sound fine until you read them with a flashlight. Here is a cheat sheet of phrases that should make you reach for coffee and a lawyer immediately.

  • Commission on all income If your manager agreement says commission on all income without carve outs you need specifics. Does that include advances loans producer buyouts publishing neighboring rights sync mechanicals and performance royalties. Ask for a list. If it is not in writing it does not exist. Do not take it on faith.
  • Gross receipts of the artist Gross receipts can be interpreted widely. If a label credit or reduction in debt is called a receipt that can be used against you. Insist that commission is on distributions actually paid to the artist after recoupment accounting.
  • Commission on third party settlements or savings Any clause that entitles the manager to a percentage of savings or settlements needs precise definition of what savings means and whether it is cash paid to the artist.
  • Retroactive commissions If the contract permits a manager to claim commission retroactively on income streams that were negotiated before the relationship started you must push back. Retroactivity needs clear timelines and written consent.
  • Commission on publishing or songwriting unless expressly stated Publishing is separate. If a manager wants publishing money they must negotiate it separately and it should be explicit.
  • No carve outs for advances and loans If advances and loans are not carved out the manager may take commission on money that is not disposable income. Carve them out.

Contract language you can insist on

Copy paste this into your negotiation and watch managers squirm. This language is written to be clear and to protect your recoupment savings. If your manager pushes back ask them why they prefer vague accounting that benefits them and not you.

Suggested clause 1 Commission base defined

For purposes of this Agreement the Manager shall be entitled to a commission of X percent of the Artist's Net Artist Income. Net Artist Income means gross payments actually distributed and paid to the Artist by third parties after deduction of all amounts that are properly recoupable by such third parties. Net Artist Income excludes advances loans and any amounts that reduce or offset recoupable balances unless and until such amounts are actually paid to the Artist in cash.

Suggested clause 2 No commission on accounting adjustments or ledger credits

Manager shall not be entitled to any commission on non cash accounting adjustments ledger credits debt reductions or write offs made by a third party to its internal accounts unless such adjustments result in the actual payment of cash to Artist and such payment is made to Artist without deduction for any recoupable balance.

Suggested clause 3 No commission on publishing unless agreed

Learn How to Write Songs About Music
Music songs that really feel tight, honest, and replayable, using pick the sharpest scene for feeling, prosody, and sharp image clarity.
You will learn

  • Pick the sharpest scene for feeling
  • Prosody that matches pulse
  • Hooks that distill the truth
  • Bridge turns that add perspective
  • Images over abstracts
  • Arrangements that support the story

Who it is for

  • Songwriters chasing honest, powerful emotion writing

What you get

  • Scene picker worksheet
  • Prosody checklist
  • Hook distiller
  • Arrangement cue map

Manager shall not be entitled to any commission on compositions publishing rights or performance royalties collected by a PRO or by any publisher unless Manager has a separate written agreement with Artist expressly providing for such commission and specifying rates.

Suggested clause 4 Commission cap on recoveries and buyouts

In the event Manager procures a settlement buyout or reduction of any third party debt Manager shall be entitled to a commission only on actual cash distributions received by Artist as a direct result of such transaction and only on the amount actually distributed to Artist net of costs fees and taxes.

Put these into your manager agreement or into addenda. If the manager flares up they probably just wanted a loophole. If they are a real partner they will accept straightforward definitions because they prefer not to argue with numbers in public.

Negotiation strategies that work

People who negotiate for a living know how to ask for forever and then settle for something reasonable. You can do the same even if you have only six months of touring experience and a killer hoodie. Here are tactical moves that work.

Move 1: Ask for definitions not promises

Managers love broad language because it keeps options open. Close them with definitions. Ask for the definition of gross receipts net receipts and recoupable expenses. Ask exactly when a commission becomes payable. Written definitions prevent creative accounting.

Move 2: Request a quarterly accounting and caps

Ask that manager commissions be paid only after you two have a quarterly accounting that shows funds were actually distributed to you. Add a cap for retroactive claims of more than 12 months unless there was intentional concealment. This prevents surprise invoices from the past.

Move 3: Carve outs are your friend

Get carve outs for advances loans producer buyouts publisher payments taxes and agent commissions. Carve outs keep the manager from taking a holiday on money that does not belong to you.

Move 4: Sliding scale commission

Consider a sliding scale where the manager gets a higher percentage on money they actually collect above certain thresholds. For example the manager gets 15 percent up to 50000 dollars then 12 percent between 50001 and 100000 dollars. This aligns incentives and keeps early income less taxed by high manager percentages.

Move 5: Sunset and term

Ask for a sunset clause that limits commissions on recordings to a set period after the relationship ends for records released during the contract term. This prevents managers from collecting forever on old catalog they no longer service. Typical sunset periods are 12 to 36 months but negotiate to what fits your career stage.

What to do if you already paid the commission

Not looking good does not mean it is game over. Here is a step by step survival plan if you already paid a manager commission on recoupment savings or on money that never reached your account.

  1. Get copies of everything Collect your manager agreement label agreement producer agreements and any settlement emails. If you have bank statements and royalty statements gather them.
  2. Ask for an itemized accounting Request from the manager a line item accounting showing how the commission was calculated. Demand the supporting documents that show funds were actually paid to you or received by your account.
  3. Check your label statements Labels send statements that show recoupment. Compare the label statement to the manager invoice. If the label shows the money was applied to recoupment and not paid to you the manager likely got paid prematurely.
  4. Confront politely then escalate Send a firm but calm email requesting correction or refund. Include deadlines. If the manager refuses move to mediation or arbitration as specified in your contract.
  5. Consider offset If the manager is owed money in other contexts you may have a set off. Do not take aggressive deductions without legal counsel. You can withhold consent for certain payments if the manager refuses to account but do it properly.
  6. Get legal advice Small claims courts are an option for modest amounts. For larger issues consult an entertainment lawyer. In many cases a stern lawyer letter resolves the issue quickly.

How to read royalty statements like a pro

Royalty statements are dense but predictable. Learn to scan them for the lines that matter and you will find scams sooner.

  • Look for recoupment ledger This shows advances paid and the current recouped balance. If your ledger shows no cash distribution you should not be paying a manager commission for that period.
  • Find the distribution line If the distribution column is zero that means no cash moved to you. A manager should not charge commission on zero.
  • Check reserves Labels often hold reserve reserves are money the label keeps to cover future returns or chargebacks. If reserves are high that reduces your actual payable income.
  • Note third party deductions Public performance collections mechanical pools and collection agency fees may be deducted. Managers who take commission before these deductions are not accounting for real world deductions.

Common manager defenses and how to respond

When you challenge a commission managers use a few predictable defenses. Here is how to respond and what to ask for next.

Defense 1: But I created the savings

Response: Prove the savings led to actual cash distributions to the artist. Ask for the settlement documents and a reconciliation showing cash movement. If savings were only ledger changes there is no cash to commission.

Defense 2: Commission is for my work not the money

Response: Fine. Then make it a fixed fee for services instead of a percentage of hypothetical savings. A fixed fee is clean and fair. If the manager demands a percentage then it should be of actual distributed amounts.

Defense 3: Industry standard

Response: Industry standard may exist for general commission rates. Industry standard does not mean industry standard for commissions on accounting adjustments or ledger credits. Ask for comparable written examples and get them in writing. Do not accept vague appeals to norms. We do not live in a world run by norms. We live in a world run by contracts.

Negotiation scripts you can use

Here are short messages that get results. They are direct and polite. Use them in email or text depending on how you communicate with the manager.

Script A Request for accounting

Hi [Manager Name],

Thanks for the work you did on negotiating with the label. To finalize the payment please send an itemized accounting showing the calculation of the claimed savings and any cash actually distributed to me as a result of that negotiation. Please include supporting documents from the label.

Thanks,
[Your Name]

Script B Pushback on commission request

Hi [Manager Name],

I reviewed the label statements. The amounts you reference were applied to recoupment and were not distributed to me in cash. I am happy to compensate you for your work. Please propose a fixed fee for this specific negotiation. I will consider it. If you prefer a percentage it must be tied to actual cash distributions to me and not to accounting adjustments.

Thanks,
[Your Name]

Script C If they double down

Hi [Manager Name],

You and I need a clear paper trail. If we cannot agree on an accounting I will have my attorney request the documents we need. I want to resolve this quickly and amicably. Please send the requested documents by [date] and we will talk terms based on the true numbers.

Thanks,
[Your Name]

Scenarios and how to handle them

Scenario 1 Manager negotiates a 20000 dollar producer buyout

The manager negotiated a buyout where the producer accepted 20000 dollars to relinquish future royalty claims. The manager now claims 10 percent on the 20000 buyout money.

Questions to ask

  • Did the 20000 dollars go to the artist as cash or did it go to the label or producer to settle recoupment?
  • If some cash reached the artist what were the net amounts after taxes and fees?
  • Was this buyout in exchange for reducing future recoupable obligations or was cash actually transferred to the artist?

How to handle

  • If the 20000 was paid to the artist then negotiate a fair commission on the net amount the artist received. Consider a flat fee or a reduced percentage because this is a one time recovery rather than ongoing income.
  • If the 20000 was paid to the label or used to clear debts then it is not cash distributed to the artist. The manager should not get a commission unless the manager can prove you received cash as a direct result.

Scenario 2 Manager claims 15 percent on publishing collections

Publisher statements show performance royalties being paid to the publisher then split to you and co writers. The manager invoices for 15 percent of your share.

How to handle

  • Check your manager agreement. Did it include publishing in the commission definition. If not the manager has no right to those funds.
  • If publishing was included negotiate an accounting of what the manager specifically did to collect publishing and whether they registered or admined the songs. If the publisher or co writer did that work the manager should not be paid for doing nothing.

Audit rights and why they save careers

If you do not have audit rights in your contracts get them now. Audit rights give you the ability to inspect records of your label publisher manager or third party and verify numbers. This is how you catch phantom commissions and questionable accounting.

  • Insist on audit frequency such as annually or every two years. Do not accept audits only at label discretion.
  • Limit audit costs so you are not bankrupted by an audit attempt. Typically the losing party pays audit costs. Negotiate that if the audit shows a discrepancy above a threshold the audited party pays all costs.
  • Specify what records are subject to audit. These should include ledgers invoices bank statements and settlement schedules for income streams in question.

When to fire your manager and how to do it without burning your career

Sometimes the relationship is toxic and the manager will not budge. Firing is a real option. Do it smart. Do it clean. Here are the rules.

  1. Check your contract Know the term notice and any post termination commission obligations. Many manager agreements include commissions on deals procured during the term for a set period after termination. That is normal. Make sure it is reasonable.
  2. Have your next steps Do not cut them off until you have someone else to handle immediate needs like tour negotiations and label communication. Chaos costs money.
  3. Settle accounts Request a final accounting and settle any legitimate owed amounts. Put settlement terms in writing. If there is a dispute put funds in escrow until resolution.
  4. Communicate professionally Send a clear termination letter referencing contract clauses. Keep the tone firm not vindictive. A messy breakup can become a PR or legal problem.

How to pick a manager who will not try these tricks

Screening matters. Here are signs that a manager is likely to play clean and signs that they will chase every cent they can.

Good signs

  • They offer flat fees for specific services as well as commissions on actual distributions. That shows they understand the difference between work and accounting.
  • They have references who are artists at similar career stages. Talk to those artists and ask about accounting transparency.
  • They welcome audit rights and clear reporting intervals. Transparency is a tool not a trap in their vocabulary.
  • They propose reasonable sunset clauses. That shows they prefer active income over passive scooping.

Bad signs

  • They speak in vague industry standard terms and refuse to define gross net or recoupable. Vagueness is the oldest trick in the book.
  • They demand commissions on everything including your side jobs and personal brand deals. Managers are not your wallet. They are your partner.
  • They refuse to put agreements in writing. If they will not write it down they will later say it was a handshake deal.
  • They insist on retroactive commissions for past deals without documentation. Past means closed file. Do not reopen old wounds for someone else to lick.

Checklist for new manager agreements

Before you sign anything run through this checklist. If the answer is not documented do not sign.

  • Is commission defined and tied to actual distributions to the artist
  • Are advances loans and producer buyouts carved out from the commission base unless cash was distributed to the artist
  • Is publishing explicitly carved out or included with separate language
  • Are audit rights included with reasonable cost shifting clauses
  • Is there a sunset clause for catalogue and recordings
  • Are reporting intervals and documentation specified such as quarterly statements with attachments
  • Is there an exact commission rate chart and a sliding scale if applicable
  • Is dispute resolution specified with mediation followed by binding arbitration if needed

FAQ

Can a manager take commission on money that never reached me

No. A manager should not take commission on money that was never paid to you. There are limited exceptions if you explicitly agreed in writing that commission would be calculated on gross receipts even if those receipts were applied to recoupment. That is a bad deal for most artists. Insist commissions apply to actual distributions paid to the artist or to clear defined gross streams that were never intended to be recouped.

What is recoupment in plain English

Recoupment is the label getting back money it spent on you from your future earnings. Imagine the label gives you 10000 dollars to make a record. When your record earns money the label takes the first earnings to pay itself back. Only after the label is paid back do you see royalties. That is recoupment. It is like a loan on top of your career. Do not confuse ledger credits with cash. Ledger credits may lower the debt without creating cash in your pocket.

Should managers get paid on publishing

Only if you signed a separate agreement that gives the manager that right. Publishing is a separate asset class. Many managers want a slice because it is lucrative. That cannot happen by default. If a manager claims publishing without a written agreement challenge it loudly.

Is it normal for managers to get commission on sync deals

Yes it is normal for managers to receive commission on sync deals if that was agreed in the management contract. Sync fees are often large and are commonly within the commission base. The key is knowing whether the commission is on gross sync fees or on net after agent fees and taxes. Define the base in the contract.

What if my manager refuses to negotiate these protections

If the manager refuses walk. A manager who refuses to define basic accounting terms is not your partner. Bad money friendships ruin careers and reputations faster than missed opportunities. Find someone else or propose a trial period with a short term agreement and fixed fee arrangements so you can test the relationship.

Learn How to Write Songs About Music
Music songs that really feel tight, honest, and replayable, using pick the sharpest scene for feeling, prosody, and sharp image clarity.
You will learn

  • Pick the sharpest scene for feeling
  • Prosody that matches pulse
  • Hooks that distill the truth
  • Bridge turns that add perspective
  • Images over abstracts
  • Arrangements that support the story

Who it is for

  • Songwriters chasing honest, powerful emotion writing

What you get

  • Scene picker worksheet
  • Prosody checklist
  • Hook distiller
  • Arrangement cue map

Action plan for this week

  1. Pull up your manager agreement and underline where commission is defined. If it is vague write down specific questions for your manager.
  2. Request the last two quarterly accounting statements from your manager and the label. Compare recoupment entries and distribution lines.
  3. Send a single polite email requesting itemized calculations for any commission on savings or settlements. Use Script A from above.
  4. If you are negotiating a new manager agreement use the suggested clauses above and get legal advice before signing. A little legal money spent now prevents big leaks later.


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About Toni Mercia

Toni Mercia is a Grammy award-winning songwriter and the founder of Lyric Assistant. With over 15 years of experience in the music industry, Toni has written hit songs for some of the biggest names in music. She has a passion for helping aspiring songwriters unlock their creativity and take their craft to the next level. Through Lyric Assistant, Toni has created a tool that empowers songwriters to make great lyrics and turn their musical dreams into reality.