"5. Future Agreements: Notwithstanding the other provisions of this Section C, I understand and agree that in the event I am one of the final ten (10) contestants in the Competition, I will be required to enter into the following agreements: (a) an agreement with 19 Recordings Ltd. (or an affiliated company) for my exclusive services as a recording artist; (b) an agreement with 19 Merchandising Ltd. for the use of my name, likeness biography in connection with advertising, endorsement, merchandising and sponsorship; and (c) an agreement with 19 Management Ltd. for the management of my career as an artist. I understand and agree that, unless I am the individual selected as the winner of the Competition, such agreements shall become fully effective only at the election of 19 Recordings Ltd., 19 Merchandising Ltd. and/or 19 Management Ltd."

Each of the 10 finalists was required to enter into agreements exclusively with 19 Recordings as recording artist; 19 Merchandising for advertising, endorsements, sponsorships and merchandising; and 19 Management for the management of his or her career. All this was entirely at the option of the 19 companies, save for the winner, who was guaranteed this result.

"6. 'World Idol': I acknowledge and agree that, should I win the Competition and subject to my availability at the time of the Producer's request, I shall participate in a 'World Idol' program where winners/contestants from the 'Pop Idol' and/or 'American Idol' competition in other countries or other versions of the Series shall compete against each other and, provided that I appear on the 'World Idol' program, I agree to accept a total fee of One Thousand Four Hundred Dollars ($1,400.00) in full and final consideration for my appearance in such program and the grant of all rights in relation thereto on the same terms and conditions set out hereunder."

This one's amazing. Basically, if I win "American Idol," I promise to appear on the "World Idol" show -- for a total fee of $1,400! All the provisions of this contract will apply to that show as well.

It's clear that, in the words of Gary Fine, this is a "particularly aggressive" contract. But isn't this par for the course? Isn't this the way the business works?

That argument can certainly be made, although you won't hear it from Fox, 19's home office in England or 19's P.R. representatives in the U.S., none of whom responded to numerous inquiries regarding the "Idol" contestant contract. Bobby Poe, who recently became the manager for Jessica Garlick, a finalist on the U.K.'s "Pop Idol" (after 19 declined its option), explains how the show helped launch his client's career.

"The attention Jessica got on 'Pop Idol' led to her being chosen as the U.K.'s entry in the Eurovision competition last spring," he says. It also led to Garlick's single on Columbia/Sony, which went to No. 13 on the U.K. charts -- not bad for a previously unknown 21-year-old from Wales. "I would say, in this specific case, the massive exposure far outweighs the initial, let's say, unbalanced terms of the contract," Poe concludes.

If exposure is the be-all and end-all, Poe is undoubtedly right. But what if Clarkson, Garlick, Guarini or any of these other young artists have other goals, including some input into the direction of their careers?

"The artist-manager relationship is the most important one in connection with the artist's career," says Gary Fine. "The artist needs someone fighting for them with regard to certain career decisions. The cozy relationship between 19 Management Ltd. and 19 Recordings Ltd. would create serious conflicts, and almost certainly remove any real ability for 19 Management to support tough decisions on behalf of their artists if the sister record company is opposed to them.

"Name and likeness provisions, merchandising and product endorsements are very sensitive issues for artists," Fine goes on. "The problem here is exacerbated because the artist is under an agreement with 19 Merchandising in addition to 19 Recordings and 19 Management. Given what a brilliant marketing guy Simon is, and the fact that his track record would indicate that money is his primary interest, I would be uncomfortable giving this marketer the leeway he is entitled to under these provisions."

Fine's fellow L.A. music attorney Kenneth Freundlich, who was quoted above, is also highly critical of the contract and its ramifications. He notes that the contract omits a routine provision: the advice to consult your own lawyer or forever waive your right to complain later that you didn't. "Perhaps this was left out so as not to suggest to a contestant something she might not otherwise have thought of," he says. He wonders whether the absence of this provision might make the "American Idol" contract ultimately unenforceable.

"There is a place for a show like this to reap benefit from its winners," Freundlich continues. "But the artist's career should be pure free agency from the start. These kids, like most artists, will get one shot at it. It should be the best shot that their independent representatives can find and negotiate, not one thrust at them by the show."

Simon Fuller and company have already won big, earning a rumored $1 million per episode from Fox, along with additional money from the show's telephone-voting system and various sponsorship deals. A compilation album featuring the 10 "American Idol" finalists will be released next month, with DVD and videocassette to follow. A Fox special from Las Vegas is set for broadcast Sept. 23, while a 28-city tour for the finalists will kick off Oct. 8 in San Diego.

The Financial Times has reported that Clarkson and Guarini will appear in a film written by Kim Fuller, who happens to be Simon's brother. "Before Your Love," Clarkson's first single, was co-written by Cathy Dennis, a songwriter managed by -- you guessed it -- Simon Fuller.

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