Music Business Lessons (Courtesy
Berklee Press)
When You Need a Music Lawyer
By Peter Spellman
Sooner or later, you'll have to bite the bullet and
seek out legal counsel as a musician, so it's important to know how to
select the best lawyer for your needs. Here are a few tips to help you with
the screening process:
1. Get a Specialist. The value of a music attorney is determined in
large part by the quantity and quality of his or her contacts in the
music/entertainment field. Artists should be cautioned against the natural
inclination to use a friend, relative ("My Cousin Vinny"), or family lawyer
to fill their entertainment law needs. This is fine if they're qualified.
However, the trend today is toward greater legal specialization than ever
before because of the increased complexity of our commercial society.
Unless a lawyer deals regularly with management, recording, and music
publishing contracts; copyright protection and administration; and licensing
of intellectual and artistic property, chances are that he or she won't
understand or appreciate the entertainment industry and its peculiar
problems sufficiently.
2. Get Referrals From Other Musicians. A referral from a satisfied
client is a good start, but also...
3. Get References. Always ask the attorney for at least two
client-references and their phone numbers. This is a perfectly reasonable
request and any balking at this should be your cute to exit.
Be sure that the work the lawyer did for this client is similar to what you
need, and also that the work was performed in the last six months to a year
(this business changes too fast for sporadic legal excursions).
4. Get the dirt (if there is any). You can make two important phone
calls to find out if there have been any complaints lodged in your city or
state against this attorney. They're calls worth making:
A. Secretary of State's office (look for the phone number in the
"Government" section of your phone book).
B. The Better Business Bureau (4200 Wilson Blvd., Suite 800, Arlington, Va
22203-1804. Phone: 703-276-0100; Fax: 703-525-8277;
http://www.bbb.org/). The Better Business
Bureau Online Directory lists the addresses and phone numbers of Better
Business Bureaus in cities throughout the United States and Canada.
5. Have a Meeting. Most attorneys will waive their usual hourly fee
for the first consultation. At this consultation meeting you'll want to:
A. Ask the attorney about his basic philosophy of life. Why? Because this
will help you understand his worldview, a significant relationship
component. If your worldview turns out to be diametrically opposed to the
attorney's, it probably means you are not a good match for each other.
B. Inquire about the extent and quality of the attorney's pertinent industry
contracts.
C. Find out how the structure would work to avoid any misunderstandings.
A note on legal fees: Sometimes you'll need legal counsel for short-term
projects like putting together the appropriate performance and partnership
agreements, trademarking your business/band name, incorporating your
business, and copyright registration. These kinds of projects are usually
paid for as a "flat fee" based on the attorney's hourly rate. Longer term
projects and legal representation to the music industry (to labels,
publishers, merchandise companies, etc.) are often paid in "points"
(percentage points) of contract advances and/or future royalties.
6. Feel the Vibe. Trust your instincts.
7. Do-(some of)-It-Yourself. A lot of groundwork can be done by
yourself when it comes to short-term legal needs. For example, modern
communication technologies like the internet let you do a national trademark
search from your desktop. For tips on this and other do-it-yourself legal
resources contact Nolo Press (http://www.nolo.com/)
or call 510-549-1976 for their free self-help law books and software
catalog.
Excerpt from
The Self-Promoting Musician Strategies for Independent Music Success
©2004
Berklee Press Used by Permission
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