mmf aotearoa

MEMBERS CODE OF CONDUCT

UPDATED SEPTEMBER 2021

In addition to the Associates Code of Conduct, the following Members Code of Conduct is a guideline of what is expected of all members of the Music Managers Forum Aotearoa. The purpose of this code is to guide members through their management career, encouraging professional, ethical and expert behaviours. 

As a condition of membership, Members of Music Managers Forum Aotearoa agree to adhere to and be bound by the MMF Aotearoa Members Code of Conduct and a failure to adhere to all points in the MMF Aotearoa Members Code of Conduct may result in membership termination.

1.    A Managers Duty of Care

a.    In engaging an artist in a written agreement, the manager should ensure that the artist seeks and receives expert legal advice on the terms of that agreement before signing it.

b.   To devote sufficient time to the agreed management responsibilities in representing the artist.

c.    To maintain an open dialogue with the artist around legal and financial matters, including referral of artist to an independent third party specialist advisor as needed.

d.   To uphold artist confidentiality and to protect their personal information.

e.   To only exercise the rights and powers implied or granted to them by their artist’s in their written or oral agreements for their artist’s best interests.

f.     To not intentionally mislead the artist for personal financial gain or any other reason.

2.    Professionalism

a.   Communicate openly about the responsibilities of both parties (manager and artist), including the obligations, duties and remuneration as a manager of the artist. Note that it is recommended that these be formally notated in a written agreement;

b.   Conduct themselves in a manner which is professional and ethical, and which abides by best business practices and methods accepted in the New Zealand music industry, in compliance with relevant local laws;

c.    Recognise diversity in all its forms, being culturally aware and acting with respect towards all religious, gender and ethnic groups;

d.   To not engage in, condone or encourage any acts of discrimination, bullying, harassment, sexual harassment including unwanted, unwelcome or uninvited behaviour of a sexual nature, or any behaviour that creates or takes advantage of a power imbalance or which makes a person feel offended, humiliated or intimidated.

e.   Where a manager acts independently as a publisher, agent, record producer or in any other capacity as well as a manager for their artists, they must declare such interests so that the artist has the ability to determine for themselves if they feel it constitutes a conflict of interest and is therefore detrimental to their career

i.     In such cases where a manager acts independently in any other capacity as well as manager for their artists, and where such activity ordinarily involves the charging of fees or commissions, the manager shall not charge multiple fees or commissions without first gaining the consent of their artist in writing

f.     Declare and disclose any actual, perceived or potential conflicts of interest where money or services are earned either directly or indirectly through or in conjunction with an artist’s performance or services. These can include:

i.     Legal obligations

ii.     Income

iii.    Sponsorship 

iv.     Other considerations 

g.     Conduct themselves in a respectful manner with individuals and communities the manager interacts with on social media and be transparent about who manager represents or who manager is speaking on behalf of (including, where the manager is a self-managed artist, all communications made by the manager under the name of the artist). The manager should act in a professional and constructive manner and use sound judgement with respect to all social media posts including being respectful of individuals’ opinions, especially when discussions become heated. The manager should show proper consideration for other people’s privacy and avoid disclosure of any information that the manager knows to be confidential. The manager should avoid posting content on social media that is obscene, defamatory, threatening or discriminatory to any third party. The manager must always abide by the terms of use of the social media platform with which the manager interacts and seek to adhere to the cultural and behavioural norms on the particular platform. The Manager should respect other people’s intellectual property including ensuring that the manager has permission to post third parties copyrights to any platform.

3.    Expertise

a.   Fundamentally and thoroughly understand the place of their artist in the industry, and have the knowledge of the right business transactions to maximise the career of the artist;

b.   Possess (or obtain) the core knowledge and skills required in order to carry out the duties of management as agreed and understood by the artist;

c.    Have a fundamental knowledge of the New Zealand music industry, and sufficient local contacts to leverage in the conducting of business on behalf of the artist;

d.   Be committed to consistent development of skills and building of a knowledgebase through the attending of workshops, masterclasses and conferences in order to be aware of and pre-empt beneficial industry trends and innovations;

e.   Seek third-party support in order to develop and learn skills to assist in representing the artist’s career with diligence in areas where there is an actual, perceived or potential weakness;

4.    Financial

a.   Ensure that the assets of the manager are recorded and managed wholly separately from the income and expenditure of the artist (note that this also applies to self-managed artists and bands where the manager is also a member of the represented group);

b.   Ensure that the manager’s share of the proceeds coming from their artist’s professional and business activities should be commensurate with the level of investment the manager has provided, in time or financially.

c.    Conduct all management and artist business in a transparent, accountable and ethical manner; this includes, in particular, allowing their artists access to all accounting records and contracts

5.    Reporting & Managing Breaches

a.   MMF Aotearoa is committed to ensuring all business activities and interactions are ethical and compliant with legislation, regulations, internal policies and community standards. This Code of Conduct provides an overview of MMF Aotearoa’s commitment to acting with integrity and professional standards. As such, if a person suspects a breach of this Code of Conduct has occurred, MMF Aotearoa encourages that person to speak up and they should immediately report the matter to the MMF Aotearoa Executive Committee.

b.   Any alleged breach of this Code of Conduct will be considered by the MMF Aotearoa Executive Committee and Chair Person on its own merits including reviewing the reasons for the breach and considering the individual circumstances.

c.   Should a member be proved to have breached the above Members Code of Conduct, they may be expelled from the MMF Aotearoa. Any expulsion is decided on by the Executive Committee and Chair Person. In the event of an expulsion from MMF Aotearoa, the particular manager is no longer entitled to use MMF Aotearoa membership credentials, and the organisation is entitled to advise the membership, the IMMF, EMMA and affiliates or associated entities of the IMMF and EMMA including Government and Industry bodies as appropriate and required.