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"The first thing we
do, let’s kill all the lawyers." |
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from Henry VI by
William Shakespeare |
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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. |