The music business has changed in the past 10 years. Gone are the days when things were simple. While the independent artist is flourishing, the music industry and the record deal are still very much alive. In this post, we will help you in determining how to negotiate your record deal.
Most actors, musicians, and other people who make their living in the entertainment world do not think about how important it is to have proper legal representation until the time comes to sign their name on a contract. However, this is a huge, possibly disastrous, mistake. It is always much better to be proactive when it comes to these matters. Signing a contract that you do not completely understand because you did not have a good entertainment lawyer could be devastating to your career. Many people have signed foolish deals early in their career, when they were naive and did not have the proper guidance, only to regret them later. This is why having a good entertainment lawyer to counsel you is so important. Here are a few of the most critical things for you to think about when you are researching entertainment law firms in New York.
Before I state anything else, I want to be clear that I am not trying to indicate that a lawyer with 10+ years experience is better than a lawyer fresh out of law school. In fact, on certain matters, that lawyer fresh out of law school might be better than the lawyer with 10+ years experience. When I say experience, I mean that when choosing an entertainment lawyer, you want a lawyer that knows the industry you are a part of and has worked with contracts before.
If you are a musician, ask the entertainment lawyer if he or she has worked with musicians in the past. If you are a filmmaker, ask the entertainment lawyer if he or she has worked with filmmakers in the past. Get it?
Regardless of your role in the entertainment industry, another point to address with your prospective entertainment attorney is whether he or she has worked with contracts before. When it comes down to it, much of the work an entertainment lawyer does revolves around contracts. Having a lawyer with experience drafting, reviewing, and negotiating contracts is something you may want to consider a requirement when you are choosing an entertainment lawyer.
Avoid conflicts of interest
You also need to do some research to make sure that the law firm you hire does not also represent people or companies you might be signing a contract within the future. You need to be sure your law firm has no relationship with the people you will be negotiating with.
For most entertainment law firms, this isn't a problem. Whenever an attorney considers taking on a new client, a conflicts check is usually done to ensure that the attorney can actually take on the client. However, it is always recommended that you as a client, double check to make sure your entertainment lawyer is on it.
You would be wise to talk to other people in your business field to find out what entertainment law firms they use for their legal representation. Talk to as many people as you can to get a very wide range of opinions. You should make an appointment with any law firms that receive praise from many of the people you speak to.
The fees that entertainment law firms in NYC charge tend to vary greatly. Therefore, it is in your best interests to shop around and compare their rates. Find out how each lawyer handles their billing. They might bill you in the form of a monthly retainer, a flat fee for handling contracts, a percentage of a contract's value or a simple hourly rate. Make sure that you completely understand how the lawyer will be paid before you agree to hire him or her.
Julian Cordero is an Attorney, Business Strategist, and Music Producer. Oh and he blogs too! Julian is licensed to practice law in New York and is the Managing Attorney of Cordero Law LLC, a New York City based law firm focusing on Business Law, Entertainment Law, and Intellectual Property Law.
The music industry is a lot different than how it was years ago. With the increasing power of social media, the independent revolution has flurished. More often than not, artists are self releasing their music and becoming celebrities over night. And while the rise of the independent world has a multitude of benefits for the artst, there are some drawbacks.
With no label behind them, artists often overlook the legalities surrounding their careers - a decision that could cost millions. In this article, I will identify four key legalities to think about once you decide to take your career to the next level.
Trademarks are used to identify the owner of a particular good or service (think a logo or brand name). A trademark lets the consumer know where the product or service is coming from by giving the owner a monopoly on its usage. In plain english, when a person (or company) owns a trademark, only that person (or company) can put out products or services that contain that trademark. For musicians, a stage or band name is often registered by the artist as a trademark.
Don't believe me? Look closely at the title picture I use in this article - it is a trademark listing for the word "50 Cent" from the United States Patent and Trademark Office. If you do a trademark search for the name of your favorite artist, more likely than not, you will find at least one trademark in that artist's name. Just as a random soda company wouldn't be able to sell soda under the name Coca Cola, having a trademark over your artist or band name can prevent others from benefiting off your hard work.
Additionally, while trademarking your artist or band name is highly recommended, it is also just as important to do a trademark search to make sure that someone else doesn't already have the rights to your name. Unless your artist name is extremely unique, it is possible that someone else may have rights to your name (or a very similar name). Before you spend thousands of dollars into marketing, have a trademark attorney research your stage name to make sure someone else doesn't have a trademark for it. And if no one does, make the investment and register for that trademark.
Copyright is a form of protection very dear to musicians. The copyright owner is the only person that can reproduce, distribute, perform, or display the copyrighted music. In short simple terms, a copyright allows the owner to make money off their creations (and more imporantly in some cases, prevent others from making money off them without permission).
While in the US, a copyright is automatically given to the person that creates a work of art at the time it is created, formal registration is often still highly recommended. A formal registration with the US Copyright Office gives the owner an official notice as to when registration took place and the ability to bring a lawsuit in federal court - both of which could come in handy some day if you are ever sued for copyright infringement or need to sue someone else for illegally using your work. As such, it is highly recommended that an artist register all of his/her songs with the US Copyright Office in order to gain formal copyright protection.
For a more detailed overview on copyrights, please feel free to A Musicians Guide to Copyrights and Protecting their Work in the U.S..
Music publishing deals with the ways artists can make money off of their copyrights (as mentioned above). From registering with a performance rights organizations (ASCAP, SESAC, or BMI) to setting up your own publishing company, there are a lot of ways to ensure that you get what's due to you as a music artist. If you don't take the time to set up your publishing the right way, you could be missing out on a lot of money that is supposed to be coming your way should your music go viral.
For a more detailed introduction on music publishing, please feel free to read: Music Publishing 101: The Basics of Music Publishing.
I know a lot of musicans. I also know a lot of musicians that hate contracts (in fact I am pretty sure it’s the exact same number of people). Having a lawyer look over your contracts and paperwork is essential. A good entertainment lawyer has seen contracts time and time again and knows exactly what to look for (and more importantly, what shouldn’t be there). Unless you have some legal training, save yourself the headache and get a lawyer you can trust.
Julian Cordero is an Attorney, Music Producer, and Entrepreneur. Oh and he blogs too! Julian is licensed to practice law in New York and is the Managing Member of Cordero Law LLC, a New York City based law firm focusing on Business Law, Entertainment Law, and Intellectual Property.