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Erin M. Jacobson - Music and Entertainment Attorney, Los Angeles, CA

Erin M. Jacobson is is an experienced deal negotiator and a seasoned advisor of intellectual property rights who protects artists, songwriters, music publishers, and other music professionals. Her clients include Grammy and Emmy Award winners, independent artists and companies, and distinguished legacy catalogues, as her knowledge of both classic music and current industry practices places her in a unique position to protect and revitalize older catalogues. She handles all types of music industry agreements, with an emphasis on music publishing. In addition to being named a Super Lawyers Rising Star and one of the Top Women Attorneys in Southern California, Ms. Jacobson is a frequent author and speaker, and has been featured in publications, including Billboard and Forbes. She also is on the Board of Directors for both the California Copyright Conference (CCC) and the Association of Independent Music Publishers (AIMP).

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How to Choose a Music Attorney Who’s Perfect for You

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Categories: Articles, Business, Law, Legal Disputes, Legal Issues, Music Industry, Tags: , , , , , , , , , , ,

 

Before choosing an attorney, you first want to determine whether you actually need a lawyer. The basic rule of thumb is that if you’re presented with a contract, or alternatively, if you feel your contractual or intellectual property rights have been violated, you need a lawyer. Once you’ve determined which services you would like that lawyer to provide, you’ll want to consider several factors to determine whether a particular lawyer is the right fit for your career, especially if this is your first time working with a lawyer.

Your attorney is your representative, and thus, an extension of you for business purposes. You want to choose someone you enjoy working with, is qualified for the services you need, has a rate you can afford, and who will reflect the right image to achieve your goals. Here are eight of the most important considerations when choosing an attorney.

1. Practice area

Is your lawyer a music lawyer, or is it your brother’s friend’s cousin who’s a real estate/personal injury/construction attorney and is willing to look over the contract for free? While this cousin’s generosity is appreciated, you need to say, “Thanks, but no thanks,” and hire an attorney experienced with music contracts. The entertainment industry has very specific contract terminology and industry practices that only pertain to the entertainment industry. This field is so nuanced that even music contracts and film contracts differ enough that some artists have different attorneys for their music and film deals. An attorney who does not focus on music and entertainment contracts will not be familiar with these industry-specific terms and will miss crucial points that separate a good deal from a bad one. This could cost you to lose copyright ownership and/or a lot of money in royalties in addition to other undesirable consequences.

2. Your needs as an artist

Different types of lawyers perform different services. Some lawyers are “transactional” lawyers that draft, review, and negotiate contracts, as well as advise you on career decisions. Having a lawyer handle your contracts is important because even though some contracts may seem fairly simple, contract language is actually very complex and can contain consequences unforeseen to the untrained reader (or drafter). Lawyers endure many stressful years of schooling and training to interpret this language and understand how it affects you. In practice, you may need an attorney to review or draft only one contract for you or you may need him or her to be an ongoing member of your team for all career developments and opportunities, as well as to work with your manager or agent if you have one. Many artist lawyers can also help you set up any business entities you decide to form.

Other lawyers are “litigators,” which means they handle lawsuits by either suing others on your behalf and arguing your case or by defending you from someone suing you. This is the type of lawyer you would hire when someone has violated your contractual or intellectual property rights. A lawyer who understands these types of lawsuits can assess whether you have a valid claim, if you have the proper proof needed to win your case, and represent you through a settlement and/or trial. Note that the ability to bring lawsuits is often regulated by a “statute of limitations,” meaning you’ll often only have a certain amount of time to file the suit. This amount of time varies depending on the type of lawsuit and sometimes by state, so it’s best to consult with a lawyer promptly.

Still yet, there are other attorneys who “shop” artists, which means that they submit your music to record labels and sometimes other music companies to try to get you a deal. Note that many attorneys do not shop, so it is wise to check the attorney’s website or ask the attorney for his or her shopping policy before requesting that the attorney shop you. Be careful here: some “shopping” attorneys will send out anyone’s music for a fee. Music companies know who these attorneys are often don’t take them or their submissions seriously because the company executives know these submissions are not based on the attorney’s genuine endorsement of the music.

3. Personality

Aside from skill, personality is the other most important aspect in choosing the right lawyer for you. You want to make sure:

  • You actually like this person
  • He or she communicates with you in a way you understand
  • He or she understands and keeps your career goals in mind
  • You feel that you can trust him or her
  • You feel he or she has your best interests at heart
  • You feel comfortable letting him or her handle your important business matters

4. Reputation

Just like you hopefully maintain a good reputation in the industry, you want your attorney to have one as well. You can do an online search for an attorney you’re considering to see if his or her website is appealing and professional. You can also find out if he or she has any articles published or does speaking engagements to get a feel for his or her expertise.

More importantly, you want to know whether your potential attorney is honest. You can’t always find this out upfront, but you can ask around to your colleagues to see if anyone has worked with that person and what their experience has been. Also, you can search the attorney’s name on the State Bar website for the state in which the attorney is licensed to see if any disciplinary action has been taken against him or her. Further, an online search may also yield some information in the form of articles or news stories if the attorney has been involved in any unsavory activities.

5. Negotiation style

When you envision your attorney, what do you see? There are many different negotiation and business styles and it’s important to consider which style fits your preferred attorney profile and your business image as an artist.

Some styles include:

  • Screamers: These attorneys scream at everyone to get the job done and intimidate people to get their way. Some are effective, and some are just plain annoying, actually hindering the progress of deals due to their unpleasantness.
  • Bulldogs: Similar to the Screamers, Bulldogs are tough, fierce, and stubborn. They may not scream, but they can be just as difficult.
  • Partiers: These are the ones you see partying on the tour bus with the band. Many music attorneys are actually frustrated musicians, so the Partiers fulfill their unmet dreams of fame by living vicariously through their clients. Partiers may still be great attorneys during the day, but it’s a personal preference whether you want your attorney partying alongside you after the show.
  • Friends: Many attorneys become friends with their clients. This may include hanging together outside of work, but it just may extend to asking, “How’s the family?” when on a business call. It can be up to you how much you want to discuss your personal life outside of work, but it can make for a more enjoyable business experience.
  • Paper-pushers: These are the ones who stay in the office pining over comma placement. If you’re not looking to socialize and just want someone to stick to drafting, this might be your pick.
  • Combination: Realistically, most attorneys are a combination of some of the above. Some attorneys might be nice until they have a reason to scream. Some may spend most of the time at the office but accept your invitation to the afterparty at next week’s show.

Again, it really is about how well you work with the person and what you want in your relationship with him or her. However, style is an important point because having an attorney with the wrong style may end up breaking deals instead of making them on your behalf.

6. Similar clients

You might consider an attorney who already has clients in a similar style and genre to your music.This isn’t essential, but it is a good starting point for an artist who does not currently know any attorneys and wants to do some research on who to further pursue. In addition, an attorney with similar clients may also have already established connections and relationships with other artists or companies you’d like to work with, which can work to your advantage.

7. Price

Attorneys have different billing rates that are usually based on their experience and number of years in practice. Some attorneys only bill hourly and/or require retainers (upfront payments of estimated fees), while some will also charge a flat fee or take a percentage of your income or a deal. Ask the attorney for his or her rates and fee structure. Take serious consideration of what the attorney quotes you and whether you can afford it. Attorney services can be expensive, but it’s important that you pay your attorney for his or her work as he or she has invested time and skill in completing tasks on your behalf, even if that task is answering questions over the telephone. Legal advice is not free; your attorney is providing you a service based on many years of training, knowledge, and experience.

8. Location

Attorneys are licensed by state, so you want to be cognizant of whether the attorney is licensed in your home state, as licensing restrictions may prevent an out-of-state attorney from completing tasks on your behalf or may require the involvement of another attorney licensed in your state, which can mean added fees for you.

While a lot of correspondence with your attorney can often be done over telephone and email, you may also want to make sure the attorney’s office is in a convenient location if you have to travel to his or her office.

Now that you’re aware of what to look for in an attorney, you might wonder where to find one. Next time, I will discuss how to find potential attorneys as well as options for musicians who need legal services but are not quite ready to add an attorney to their teams.

This post first appeared on Sonicbids.com.

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or matters. If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity. This article does not constitute or create a lawyer-client relationship between Erin M. Jacobson, Esq. and you or any other user. The law may vary based on the facts or particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

Erin M. Jacobson is a practicing music attorney, experienced deal negotiator, and seasoned advisor of intellectual property rights. Her clients range from Grammy and Emmy Award winners to independent artists, record labels, music publishers, and production companies. Ms. Jacobson also owns and oversees all operations for Indie Artist Resource, the independent musician’s resource for legal and business protection offering template contracts, consultations, and other services designed to meet the unique needs of independent musicians.

 

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Find the Perfect Attorney for You: I Tell You How on Sonicbids.com

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I have a new article published on Sonicbids.com entitled “How to Choose a Music Attorney That’s Perfect for You.”  You may have seen an earlier series of posts on this topic here on the blog, however, this article is an expanded and updated version that will be really helpful to anyone looking for an attorney.

Sonicbids.com is a great resource featuring a large amount of content relevant to musicians.  I am very happy to be featured on the Sonicbids platform.

I’ll post the full article here soon, but for now – check it out here:  “How to Choose the Music Attorney That’s Perfect for You” by Erin M. Jacobson via Sonicbids.com

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Edgar Allan Poets Sheds Light on Homelessness

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Categories: Charity, Clients, Crowd Funding, Tags: , , , , , , ,

My client Edgar Allan Poets are collaborating with The Midnight Mission to assist The Mission in providing services to the homeless men and women of LA’s Skid Row.  Edgar Allan Poets are raising money for their new video “Watch” and will donate proceeds to The Midnight Mission.  Visit http://www.musicraiser.com/projects/2745 to donate and track the status of the project.
Please see the video and press release below for more information and how you can be involved.

 

(Shout out to my friend Georgia Berkovich at the Mission!)

Edgar Allan Poets and The Midnight Mission:  Shedding Light on Homelessness
Beverly Hills—one of the most glamorous places on Earth, known for fashion, celebrities, and the prestigious 90210 zip code.  But just minutes away, another reality exists.  This reality is Skid Row, one of the largest populations of homeless men, women and children in the United States.  The numbers are staggering; it is estimated that anywhere from 3,000 to 6,000 people live here in extreme poverty with no access to even the basic necessities for everyday life.  These are the invisible people of Los Angeles, living side by side with their affluent neighbors who may be unaware of just how dire this situation is.  But, a ray of hope breaks through this darkness.

 

Edgar Allan Poets is honored to announce their collaboration with The Midnight Mission (www.midnightmission.org).  The band has a unique style they call Noir Rock, which draws inspiration from the writings of Edgar Allan Poe and the films of Alfred Hitchcock, creating an intense and haunting blend of classical strings and grunge guitars.  For the past century, The Midnight Mission has been providing services to the people of Skid Row, twenty four hours a day, seven days a week, free of charge.  Amongst their services are a twelve-step rehabilitation program, job training and education, all to give people of Skid Row hope for a better future.

 

Edgar Allan Poets is reaching out to the Noir Family for your help in making their vision a reality!  Your generosity will allow the band to fund the production of the video “Watch” as well as the recording of the new EP of the same title.  Thirty percent of the profits of this EP will be donated to The Midnight Mission.  If this ambitious project is funded, the video will be directed by Daniel Lir and his partner Bayou Bennett, who have previously worked with Coldplay, Sum41, Isaac Hayes, Tricky and many new independent artists.  Of this project, Lir states, “As filmmakers, we are all about meaningful stories.  We look forward to creating this high impact and exciting video with Edgar Allan Poets and The Midnight Mission.”

 

It’s up to YOU now!  Don’t just sit back and “Watch”!  Bring your noir into the light and help others help themselves.  Music is the voice of the silent and the invisible.  Visit http://www.musicraiser.com/projects/2745 to donate and track the status of the project.

 

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Client Gary Kuo Wins Sixth Emmy Award

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Categories: Clients, Tags: , , , , , , , , , , , , , , , , ,

Congratulations are in order for my client Gary Kuo who has just taken home his sixth Emmy Award as composer for All My Children.

garyemmy6

Visit www.garykuo.com for more information on Gary and to purchase music.

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Client Gary Kuo Launches New Website

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My client Gary Kuo, composer and violinist extraordinaire has launched his new website www.garykuo.com.

Gary Kuo SiteThe site features music and scores for purchase, as well as information on Gary.  Visit and bookmark  www.garykuo.com today!

 

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Warner Music Group Submits Class Action Settlement For Digital Royalties Suit

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Categories: Legal Disputes, Legal Issues, Music Industry, Record Labels, Royalties, Tags: , , , ,

“The Warner Music Group has submitted a settlement to the class action lawsuit filed by artists who claimed they were entitled to be paid on a licensing bases instead of a royalty bases for download and mastertones.” Read the full article at Billboard.

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Interview with Michael Eames of PEN Music Group

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Categories: Business, Music, Music Industry, Music Industry Interviews, Music Publishing, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , ,

I’m happy that the first post of 2014 is an interview with Michael Eames, President of PEN Music Group.

Michael Eames, President of PEN Music Group

Michael Eames, President of PEN Music Group

Founded in 1994, PEN is a full-service independent music publishing company with a worldwide presence who is celebrating its 20th Anniversary in 2014.  PEN offers efficiency and personal attention as a boutique company.  With PEN’s A-list music contacts in film, TV and advertising, and a success rate that continues to grow (with 100+ placements each year), it is an effective alternative to the large multinational publishing companies.  PEN has formed strategic partnerships with several record labels to leverage collective strengths and has joint ventures with other respected companies.  PEN’s songs have also been recorded by artists including The Black Eyed Peas, Celine Dion, the cast of GLEE, Selena Gomez, Miley Cyrus, kd lang, Santana, Christina Aguilera, Corinne Bailey Rae, Faith Hill, Paulina Rubio, Macy Gray, Kenny Rogers and Luther Vandross, among countless others.

 

1.  Describe a typical day at the office.

I am not sure there is a truly “typical” day which is why I like being a publisher.  But generally for me the office day starts at 8:00 am after I drop my son off at middle school.  Then the day for me will typically involve all of the following in no particular order:
– responding to emails from Europe or overseas that came in overnight
– seeking approvals from clients for requests for use of their music that we receive
– tackling some sort of software programming with our state-of-the-art copyright and royalty system called CORE so that I can continue to try to make our administrative processes as efficient as possible
– pitching our music to any needs or searches that we get (and we can sometimes get as many as 5 a day)
– seeking out new clients and business opportunities via either online research or reaching out to lawyers and business managers about their clients that may be looking for deals
– responding to inquiries from existing clients who have questions or needs
– meeting either individually or as a group with our staff so that we can keep focused on all the items that need to be done, both on the administrative side and the creative side.

 

2.  What is your favorite part of your job?

 

Even though we have been placing music in film/TV/ads for our entire 20 year existence (since 1994), nothing beats the email that we receive when someone says they want to license something and need a quote, etc.  You then feel all the effort is worthwhile and you can’t wait to let the client know that a use may happen.  And since things sometimes fall out in the mix, the ultimate satisfaction is tuning into TV and hearing our music and or in a film in a theater, etc.  There’s a sense of pride in knowing that that use would not have happened without our efforts and it’s a great feeling.

 

3.  What are some projects that you are currently working on that you can discuss?  

 

Since 2014 is PEN Music Group’s 20th anniversary, a lot of the projects these days are internal projects that we are doing to acknowledge and capitalize on the anniversary.  For example, in late January 2014 we are going to launch Phase 1 of our new website that we have been working on for a year.  There will be a few phases after this initial rollout, but we’re looking forward to getting this out there.  We are also always planning and refining our CORE software that handles all our copyright and royalties so that we can handle as much volume as possible with as little human interaction as possible.  This Spring we are also launching our web-based pitching system which completely integrates with CORE.  This will enable us to only have to enter certain data on a song once and then all that data gets pushed out to our pitching system so that as long as we have access to a browser on a laptop or mobile device, we will be able to search our catalogue of music and create pitches that we can send to music users who are in need of music for their projects and then we can track who streams what, who downloaded what, and generally see how the outside world is interacting with the music that we assemble and pitch.

 

4.  What do you think are the most important issues facing songwriters and publishers at this time?
I think the overall topic that we must address is the constant fight to devalue music.  And that fight is both with external forces as well as internal ones.  Let me explain.  First, it is clear we are moving towards a streaming-based world.  And fast.  Right now the streaming rates are crap, especially given that there seems to be more and more evidence that streaming is displacing sales that have historically given us our mechanical royalties.  We must work together as content owners as well as with the digital services to structure rates that are fair and that allow digital services to flourish.  I fear it is going to get a bit worse before it gets better, but I think ultimately this is going to be a lucrative world but it’s one in which music must be properly compensated for.  On the internal side, especially in the world of synchronization, there is a constant erosion of fees.  And this is partly due to some artists and publishers continuing to allow their music to be used for lesser and lesser fees for the increased broad media rights that producers need these days.  This is a tough one – because if you say no, there are probably 10 other companies right behind you who will allow their music to be used and you want the use to happen as opposed to not happen.  But sometimes you just have to take a stand and explain how your music is worth more than what is being offered and you can’t allow it to be used except for a fair price.  Every time you allow your music to be used for free or practically free, another content producer goes off thinking for their next project that they don’t need a big music budget because they can always get music for free or next to free.  This is a losing battle and if we are to maintain (or maybe even increase!) the value of music, we must think carefully now about what our individual and collective actions are doing to the perception of music’s value.

 

5.  Everyone is now on the “placement” train, where they think the only viable way to make money is to get placements in TV and film.  Do you agree with this?  

 

Generally speaking I do agree with this.  But I think it depends on what kind of artist and songwriter you are.  Albums aren’t selling what they used to so everyone is looking at synch to make up the difference (see previous answer directly above).  And the synch world can still be a lucrative area, especially in ads and trailers where the fees are still higher generally than uses in TV and film projects.  TV uses are also in many ways the only “radio” that many artists receive these days given the corporate dominance in mainstream radio programming.  A successful TV show using your music can mean 10 million+ people hearing your song in one night.  That kind of exposure can’t be beat, especially if it’s a placement where you can actually hear the song as opposed to it just being background in a bar for example under dialogue where no one will hear it.  But successful touring artists can still make a lot of money off their music and never get a placement.  I talk to the indie artists about the concept of the “superfan” – strive to find, develop and maintain a direct artist-fan relationship with 1,000 people who love what you do so much that through the year they will spend $100 on you (whether that be in CD sales or digital downloads, tickets to a show, merchandise, etc.).  If you can do that, that’s $100,000 a year and you are successful at music and you’ve been able to do that with just 1,000 people and no placements.  It can be done.  And then there are some artists that are just synch-focused and they work hard and make a good living.  It can be done a number of different ways, but either way it takes commitment and a dedicated work ethic.

 

6.  What other avenues are still profitable for publishers and writers?

 

Other than the placement world, I think everyone is looking to YouTube to be a new frontier of sorts in generating income.  And you can generate a lot of income on YouTube but it takes a LOT of views to have a decent financial impact.  We are in a visual world now – any artist who wants a fighting chance should plan on making videos of their songs – whether they are gimmicky videos that go viral or not.  It’s all about getting the exposure.  But once you can get it (however you do it and it can be done outside of the major label paradigm), it’s how you use it and manage it that will determine your financial success.  As mentioned before, successful touring artists sell records still and that generates mechanical income.  It all feeds upon itself – the trick is figuring out where an artist or songwriter will first connect and then you take that and run with it.

 

7.  What types of deals are mostly being offered now among the independent publishers?

 

I think generally speaking the deals fall into 1 of 3 types: 1) the placement/licensing deal; 2) the admin deal; and 3) the co-publishing deal.  Regarding the placement/licensing deal, as the name implies this deal’s main focus is synch.  The publisher generally doesn’t get involved in any aspect of the writer/artist other than synch.  This can be a way for a publisher and artist to develop an initial working relationship to scope each other out.  But one word of caution to the artist is non-exclusive deals that get offered that involve re-titling the songs.  This is increasingly being frowned upon for a variety of reasons, so consider deals of this nature that are offered very carefully.  Then there’s the admin deal.  In this scenario, the writer/artist owns everything 100% still and the publisher takes on the administrative and hopefully creative responsibility to make things happen for the artist.  The more things that happen, the more income is earned for both parties.  Then lastly there’s the co-pub deal.  In these deals the publisher and the writer/artist split the publishing 50/50 and this deal generally involves some sort of upfront financial payment or investment in the writer/artist.  This is the highest level of commitment and as long as you feel you have the right partner who believes in what you are doing, this deal structure can work out well.  It all depends on what you as the writer/artist feels comfortable with.  Meet lots of publishers and go with who you feel “gets you” and who is offering what you feel is a fair deal.

 

8.  What is an independent publishing company looking for when considering signing a new artist?

 

Speaking for us as PEN Music Group, we are looking for great music in genres that we don’t have much of.  We don’t like to take on too many artists of the same genre where they will be cannibalizing each other in the opportunities we bring to them.  But it has to be music that we all connect and react to.  This is sometimes hard to put into words – it’s just a gut feeling.  But you know it’s good when you hear it.  Then we want to spend the time getting others to hear the music since we feel they will like it.  We are also looking for writer/artists who know how much hard work is involved in this career and don’t expect that if we take them on we will do all the work for them.  No one will ever work as hard for what they do as they should.  And if we see someone who is smart and organized and business savvy on top of being creatively unique, then we know we have something.

 

9.  Is there any criteria an artist/writer needs to have to even be considered for a deal?

 

Existing income and activity is always nice, but in the end it comes down to the music.  It has to be great music.  If we don’t react to it, then we won’t fight for it.  It’s all about commitment.  If they have committed to doing the best music possible and that shows, then we will want to get involved whether there is any existing income or not.  Because at that point we believe we can generate the income.

 

Thanks to Michael for this very informative interview.   Learn more about PEN Music Group here.

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Rare Beatles Tracks Will Be Released to Preserve Copyrights

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Categories: Copyright, Music, Record Labels, Tags: , , , , , , , , , , , ,

Apple Records will release rare Beatles recordings, including studio outtakes and live tracks, in order to preserve copyright under the European Union’s copyright law.  Read the full story at the NY Daily News.

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Articles now on DrewProject.com

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Categories: Articles, Press, Tags: , , , , , , , , , ,

My articles are now also being syndicated on DrewProject.com — a site by my artist/producer/sound designer friend Drew.

On DrewProject.com “you will find music, gear reviews, and technical articles as well as general articles about music, music business, and the crazy environment a modern artist is tossed into every day.”

The Drew Project is based in Italy and has contributors from all over the world to provide a global perspective on the music industry.  Check out DrewProject.com to learn more.

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