Intro to Music Biz Articles
by Frank Imani Jamal
Cornbread Productions
Entertainment Lawyers

"The first thing we do, let’s kill all the lawyers."

from Henry VI by William Shakespeare

The legal profession, as noted above in the nearly 400 year old writings of Shakespeare, has long had a negative connotation attached to it. Lawyers are often the butt of jokes of late-night comedians, are viewed by the general public as shadier than an elm tree, and are stereotypically portrayed as ambulance-chasing con men. As with any profession, there are those who are a stain against their field, but there are also those who exemplify the best that their training can teach. Lawyers are no exception.

Those who have chosen to pursue the legal field as it relates to the music industry do so knowing that their reach and impact touches nearly every business deal that goes down in the industry, such as: drafting inter-band agreements for musical acts that desire to put a more structured face on their group; negotiating contracts with publishers, record labels, and production companies; acting as an intermediary between an artist, his manager and a record company; negotiating with TV and film companies over royalties and residuals for a client, and many other detailed tasks. Lawyers are therefore a very vital part of the long and arduous journey that every song, every artist, every deal, and every music-producing company must go through to be successful.

A lawyer's main function is to represent his or her client's legal affairs in the best possible way, from dealings as described above to matters that need possible litigation in a court of law. The business that is the music industry has a unique set of rules, traditions, regulations, and customs that has tripped-up many artists and practitioners in the field. A lawyer's role is to help people such as these to obtain the best possible outcome of any deal they enter into.

Many new artists, however, are hesitant to approach a lawyer for guidance or representation because of the commonly held myth that the legal fees associated with such dealings are too cost-prohibitive. In some situations that may be the case, but in MOST situations a new artist cannot afford to NOT to have a lawyer present when making a deal. An old joke in the music industry states that the only thing an artist should sign without consulting with an attorney first is an autograph. A lot of musical acts throughout history have learned this the hard way, sacrificing their career, their money, and even their music by rushing into a deal without adequate counsel.

Even though a lawyer is needed to handle the complex dealings of the industry, not just any lawyer will do. Just like a person needing dental work would not seek out a podiatrist, an artist needs legal assistance from an attorney specializing in ENTERTAINMENT law.

A civil rights attorney or social security practitioner would more than likely do more harm than good if consulted on the intricacies of a recording or production contract simply because the matters pertaining to the entertainment industry are so complex. Entertainment lawyers, though not as numerous as divorce or medical malpractice lawyers, are available to those who don't mind doing a little research in finding one.

Most entertainment lawyers build up their clientele through reputation. That is clients become aware of them through good referrals from other musical acts satisfied with their work. This reputation is very valuable to an entertainment lawyer so many, again contrary to the common myth, go out of their way to cultivate and maintain a sense of integrity and ethics with those they represent. This is how most lawyers are judge; their value to a potential client is directly proportional to how it is perceived past clients got treated.

An artist seeking a lawyer should ask for a list of past clients so as to be able to talk with them on how satisfied they were --or not. A lawyer who has a reputation of note will not hesitate to provide such a list, so it is not considered an insult to the competency of the lawyer to ask for one.

An entertainment lawyer also strives to maintain a sense of fairness with those who sit across the table from him in a bargaining session, such as heads of record labels, production companies, film studios and TV companies.

In the entertainment industry, the various personnel involved with the production, promotion, and marketing of the creative services often change from one capacity to another, such as the film producer who makes a joint-venture deal with a superstar rapper to market a clothing line. Lawyers therefore cultivate close-ties with many of the studio heads and production executives, a closeness which could become a "conflict of interest" if it that closeness prevents the lawyer from getting the best deal for his client as required.

The fee structure of a lawyer varies from lawyer to lawyer, but most, like other more "traditional" lawyers, work on a retainer basis, meaning that a lump sum of money is given to the lawyer who then bills the artist on an hourly basis for work he has performed. Once that money is depleted, another retainer is made and work continues.

Some entertainment lawyers also work on a flat fee basis, giving their clients a set fee for such matters as contract consultation or advice. Other lawyers are even willing to work on a contingency basis with their clients for matters such as a recording contract. Under such a plan, the artist promises to pay the lawyer a percentage of any deal the lawyer brokers for him, in exchange for the lawyer's services. This method provides a built-in incentive for the lawyer to therefore negotiate the best deal possible for his client. Whichever method listed here works best for the artist should be chosen after careful consideration and consultation with the prospective attorney.

Finally, a lot of lawyers in the music industry have found that their wide-ranging knowledge of music law and business contacts has enabled them to land positions of leadership as music executives. These lawyers have used their negotiating skills, mental acuity, networking skills, and business savvy to elevate them in what seems like a natural progression of ability.

Over the last few decades many of the major labels have promoted or hired lawyers to head up major divisions of their companies such as Personnel; Publishing; Artist and repertoire; and even Senior Executive, President, and Chairman. Thanks to such prominent appointments, the legal end of the music industry is starting to attract many more people who are choosing this as their career path in music.

© 2004 Cornbread Productions, Alexander Magazine. All Rights Reserved
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