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18 UCLA Ent. L. Rev. [i] (2010-2011)

handle is hein.journals/uclaetrlr18 and id is 1 raw text is: UCLA ENTERTAINMENT LAW REVIEW VOLUME 18 FALL 2010 - LPRING 2011 ARTICLES A Full 360: How the 360 Deal Challenges the Historical Resistance to Establishing a Fiduciary Duty Between Artist and Lebal Douglas Okorocha. .........................................1 A recent trend in the music industry is to use 360 deals-a contractual agreement between a recording artist and a record label where the artist grants the label a portion of all revenue garnered by the artist in exchange for monetary support. A potential, unintended legal consequence of this contractual arrangement may be the creation of a fiduciary duty, which would give artists several legal avenues to pursue grievances against their respective record label. While courts have traditionally refused to establish a fiduciary duty among artists and their respective labels, the music business has changed. Notably, since many of the cases that denied finding a fiduciary duty, labels have transitioned from using traditional recording agreements to using 360 deals. This new trend provides an ideal backdrop for courts to revisit the issue of fiduciary responsibility between artist and label. This Article argues that 360 deals can invoke a fiduciary duty between artist and label, because they can transform the artist-label relationship into a partnership. Under a 360 deal, artist and label operate more like a partnership than two parties bound by contract due to the profit sharing arrangment and the level of joint control. If the relationship is in fact found to be a partnership then, as a matter of law, there are

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