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Categotry Archives: Law

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What Does “In Perpetuity” Mean?

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Categories: Articles, Copyright, Law, Legal Issues, Music Contracts, Music Industry, Tags: , , , , , , , , , ,

Hand Time Pocketwatch Forever Perpetuity

Image via freeimages.com

There are certain contract terms that come up regularly in music and entertainment contracts and people often ask me what these common terms mean. One of the most common is the phrase “in perpetuity.” According to Black’s Law Dictionary, the definition of “in perpetuity” is “… that a thing is forever or for all time.”

In practice, the phrase “in perpetuity” usually applies to a transfer of rights or clauses that survive contract termination. For example, under a contract you might grant the rights to use your name and likeness in perpetuity, meaning that the company to which you granted those rights can use your name and likeness forever.

This phrase is also used in situations where certain contract clauses will survive termination of the contract. Contracts usually have an agreed upon term length, upon which the contract terminates after that duration has passed. For example, a contract might have a term of two or three years after which the contract ends and the parties stop working together. However, there may be other clauses within the contract – maybe a non-disclosure clause — that the parties have to abide by forever even though the actual term of the agreement is over and the parties are no longer working together. There are other clauses that are often stipulated to survive the contract term, however, they are mostly part of the “boilerplate” sections of the contract.

I’ll be doing more of the short articles explaining a few other common contract terms. If you like it please leave a comment below letting me know.

Do you have more questions about contract language or especially language specific to your situation? If so, please contact Erin today to schedule a consultation.*

 

*Consultations are available for CA residents only.

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. This article does not constitute or create an attorney-client relationship between Erin M. Jacobson, Esq. and you or any other user and Erin M. Jacobson, Esq. is not acting as your attorney or providing you with legal advice.   The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on, act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.

 

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How to Prove Someone Stole Your Band Name (Or Find Out if YOUR Band Name Is Causing a Legal Conflict)

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Categories: Articles, Law, Legal Issues, Music Industry, Trademark, Tags: , , , , , , , , , , ,

Image from freeimages.com

Image from freeimages.com

Many musicians know that they need some protection for their band name, but are confused as to what type. In fact, musicians often ask me, “Do I need to copyright my band name?” Copyright, however, is a protection for creative works: compositions, recordings, films, artwork, merchandise designs, etc. Trademarks and servicemarks are what distinguish and identify sources of goods and services. In the case of band names, a trademark for a specific band name reflects back to what that band provides – a certain type of music, an image, a feeling or community for its fans.

For example, Van Halen and Aerosmith are both registered trademarks with the United States Patent and Trademark Office. They’re also both classic rock bands from the same time period, but a music listener knows he or she will be getting a different kind of music, feeling, image, etc. from each of those bands. As a non-music example, Coca-Cola and Pepsi are both brown-colored sodas, but a consumer knows that these two drinks and the expectations associated with them are different.

Whether you’ve already registered your band name or think you might register it in the near future, it’s important to understand the basics of trademark infringement lawsuits to avoid potential conflicts. Here are the three ways to prove an infringement on your band name – and to determine whether you’re infringing on someone else’s.

(Please note that I’m not a litigator and this explanation is only a general overview of the basic principles considered in a trademark infringement suit. Actual cases may include nuances not discussed in this article.)

1. Plaintiff owns the trademark

The plaintiff (the person bringing the lawsuit) must show that he or she owns the trademark that’s allegedly being infringed. A plaintiff is required to have a federal trademark registration in order to sue in federal court, and showing the federal registration creates a presumption of valid trademark ownership, although this presumption can be rebutted. Things start to get trickier when there are unregistered marks involved, bringing up common law state issues as well as examination of the prior uses of the marks.

2. Plaintiff has priority to use the mark

The proof required here is similar to that explained in the previous point. Someone with a federally registered trademark has a legal presumption that his or her mark is senior to the allegedly infringing mark, and that they therefore have priority of and exclusive rights to the mark in question. Again, this can be rebutted and can be complicated by unregistered marks and/or other issues.

 

3. The defendant’s mark will create a likelihood of confusion

Likelihood of confusion is the real meat of a trademark dispute. Basically, the court will compare the two trademarks to see if their similarity would be confusing to a consumer, and thus harmful to the senior mark. In relation to bands, it would depend on whether the two band names would cause confusion about which band is which.

Here are the factors:

Strength of the senior user’s mark

A court will look at the strength of the mark used in commerce first. Again, we can use Aerosmith as an example. The word “Aerosmith” doesn’t have any real meaning in the dictionary and is also not likely to be commonly associated with rock music; therefore, the name “Aerosmith” is very distinctive in identifying the band. This is much stronger than something like “Steven’s Band” or “Joe’s Rockin’ Band,” which could be applied to any musicians named Steven or Joe.

Similarity of the marks

This one is fairly self-explanatory, but the court will look at the degree of similarity between the two names. Aspects like whether the names sound or are spelled similarly, as well as whether the names might look the same or have similar meanings, are all considered.

Similarity of the products or services

This factor will look at what’s being offered by the mark owner. In the case of music, both bands would be offering music. To look more specifically, both bands could be offering rock music, or alternatively one might play death metal and one children’s music. If only one party is a band, maybe that party plays rock music while the other party offers clothing or high-end power tools. A court will look at how both names or brands are being marketed and whether they are to the same audience.

Proximity of the goods and services

This factor looks at the physical proximity (location) in which the two goods or services are sold. Using the example above, let’s say the two marks in dispute are the maker of power tools and a band. Power tools will be sold at a hardware store, whereas CDs will be sold at a music store, making their physical proximity farther apart and confusion less likely. However, two bands with similar names would both be sold in music stores, making confusion between the two marks more likely.

Likelihood the senior user will also offer the same type of products as the junior user

Again, let’s stick with the same example. If a band comes along with a similar name to a power tool company, less confusion would be evident if the band sticks to only making music and not offering power tools as part of their merchandise items. However, if the senior user is a clothing brand, it’s probably very likely the band will want to sell T-shirts or other apparel at their concerts and on their website, making the likelihood of confusion between the two marks stronger.

Evidence of actual confusion

People confusing one band’s album for another or buying tickets to one band’s concert thinking they were going to see the other band would be examples of actual confusion. Evidence of someone actually confusing the two marks isn’t required, but it may be compelling to show that there is actual confusion.

The junior user’s intent in adopting the mark

Did the junior user adopt his or her mark with good intentions because he or she really felt it was the right name for the band, or did he or she do it purposely to try and ride the coattails of the other band’s fame or to purposely confuse consumers? Trying to profit off of another band or brand’s established mark will not work in the junior user’s favor.

Sophistication of the buyers/degree of care likely to be exercised by the consumer

This looks at how much care a consumer will take before making the decision to purchase the goods or services. For example, someone buying a $2 million airplane would probably put a lot more care into his decision than someone buying a bag of potato chips. A court will look at how much care fans will take in selecting purchases from a band.

 

These are some of the basic principles to consider so your band name doesn’t conflict with another band or brand name, or if you feel that someone may be infringing on your trademark. All trademark registrations should be handled by an experienced attorney or a service like Indie Artist Resource. All potential or actual trademark infringement suits should be handled by an experienced litigator.

This article was previously published 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. This article does not constitute or create an attorney-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 rely on, act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.

 

 

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Speaking at the 2015 TAXI Music Road Rally

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Categories: Clients, Interview, Law, Legal Issues, Music, Music Industry, Music Industry Interviews, Speaking, Tags: , , , , , , , , , , , , , , , ,

On November 7, 2015, I spoke at the TAXI Music Road Rally on music library contracts.

I began the session by explaining the most important and common deal points in music library contracts, and then discussed specific contract clauses and wrapped up by answering questions from the audience.

Many songwriters and composers came up to me after the session to tell me how helpful the session was for them.  I am so grateful I was able to be of service to them!

Here are a couple photos from the event:

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How Do You Prove That Someone Stole Your Song?

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Categories: Articles, Copyright, Infringement, Law, Legal Disputes, Legal Issues, Music, Music Industry, Tags: , , , , , , , , , , , , , , , , , , , ,

copyrightAllrightsreserved620

Image via hivesociety.com

A lot of musicians email me claiming they have great cases for copyright infringement. Copyright infringement does happen, but there are more people who think they have a case than those who actually do. (Please note that I am not a litigator and the below explanation is only a general overview of the basic principles in a copyright infringement suit. Actual cases may include nuances not discussed in this article.)

In order to sue for copyright infringement, you must have your work’s copyright registered with the United States Copyright Office. You can register your works yourself (the online registration fee is about $35), but I recommend an attorney like me or a service like Indie Artist Resource to file the registration for you, as some of the questions and principles covered in the application can be confusing.

Keep in mind that under copyright law, two similar works can be created independently of each other without infringement. For example, two independent musicians on opposite sides of the country could create original and copyrightable songs that sound very similar to each other, without knowing each other or ever hearing each other’s music. After all, there are only so many notes and chords that can be played.

However, if you do feel someone has actually infringed your music, you will have to prove that you have a valid copyright and your work was sufficiently original to warrant the validity of that copyright. Next, you will have to show that the alleged infringer copied your work. The analysis for infringement involves examining these three areas:

1. Direct copying
Here, you would have to show that the accused infringer directly copied the first work when creating his subsequent work. There is often no way to show direct copying, so the courts will instead look at the next two areas described below.

2. Access
When direct copying cannot be proven, courts will often infer that copying occurred if it is shown that the accused infringer had access to the allegedly infringed composition. This can be proven by showing that someone had direct access to your work, such as if you gave a copy of the song directly to the alleged infringer, or gave it to someone who had access to that person, like a producer or label executive.

Access can also be shown if the prior work is widely disseminated, such as a famous hit played on the radio and well known by the public. Here’s an example of how access was surprisingly proven in a real case: In Bright Tunes Music Corp. v. Harrisongs Music, Ltd.,[1] George Harrison’s song “My Sweet Lord” was deemed to infringe on the song “He’s So Fine” recorded by The Chiffons in 1962.[2] The court didn’t require actual proof that Harrison had heard “He’s So Fine” before; it relied on the fact that “He’s So Fine” had the top position on the Billboard charts in the U.S. for five weeks and hit No. 12 in England in 1963[3] – coincidentally at the same time The Beatles were becoming famous.[4]

The court concluded that Harrison unconsciously plagiarized “He’s So Fine” when he composed “My Sweet Lord” because “his subconscious knew [the musical combination of notes] had worked in a song his conscious mind did not remember.”[5] The court went on to further conclude that it did not believe Harrison deliberately copied the song,[6] but ruled against him anyway because access to “He’s So Fine” was assumed due to its fame and the two songs had enough similarities to satisfy the court.[7]

Therefore, if you have written a song, but it is not well known by others and you have not given it to someone where you can show a direct connection to the person who supposedly copied your song, you don’t have a case. It’s not enough to write and record a song that only a small number of people have heard, and then try to file a lawsuit when something shows up on the radio that you think sounds similar, when in reality you have no proof to show the other person even knew of your song.

3. Substantial similarity
The third analysis looks at the similarities, if any, between the two songs. If the degree of access to the first song is high, the amount of proof required to show similarity between the two songs will be lower than if there was not easy access to the first song.

Here, a court will look objectively at which parts of the first song were allegedly copied, such as the melody, lyrics, etc. A court will also look at the subjective opinion of lay listeners, which is basically whether the average person would think the two songs sounded the same or similar enough when listening to them both.

This point in the analysis is where many people argue that it is supposedly acceptable to copy three notes of an existing composition or sample three seconds or less of an existing recording without infringing copyright. In fact, there are no such rules allowing this practice. Infringement is infringement.

If you have looked at the facts and can truly show that someone has either directly copied your song or has had access to your song, and their song is very similar to yours, then you will need to contact an entertainment/copyright litigator to discuss the potential merits of your case. Keep in mind that these lawyers do expect to get paid for their services, although there are a few who may be willing to take important cases on a contingency. Check with the lawyer on his or her practices.

Footnotes:
[1] Bright Tunes Music Corp. v. Harrisongs Music, Ltd., 420 F. Supp. 177 (1976).
[2] Id.
[3] Id. at 179.
[4] Id.
[5] Id. at 180.
[6] Id. at 181.
[7] Id.

This post was originally published at 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.

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How to Get Legal Help if You Can’t Afford a Music Attorney

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

Hopefully you’ve read my most recent article where I explained how to choose the right attorney for you. Even though you now know what qualities to look for in an attorney, you may still wonder whether hiring one is possible if you are on a tight budget. As I discussed last time, don’t try to handle the matter yourself, and having a non-music or non-entertainment lawyer handle your matter is less than ideal because only a lawyer experienced in music and entertainment will know the specific nuances that pertain to your situation. While the best solution is still to hire an experienced music attorney to handle your situation, here are three less costly options for independent musicians to get their legal needs met.

1. Ask the lawyer you want to work with if there’s any flexibility on payment policies

After finding out the lawyer’s customary rate, you can ask if he or she can do the work on a flat-fee basis, has discounted rates for independent musicians, or has a payment plan where you can pay the fee in installments.

You can also ask if the attorney would be willing to work on a percentage basis, but know that many attorneys will only work on percentage for high net worth clients. Don’t expect the attorney to work for free or try to sell him or her on the premise that the attorney will somehow make a lot of money once you’re famous. The music industry is a speculative business, and a new client without a proven track record will often not produce a return on a lawyer’s investment of time and skill.

If your matter involves a lawsuit (most often for copyright infringement or breach of contract), you can ask the attorney if he or she works on a “contingency,” meaning that the attorney doesn’t get paid unless he or she wins your case. There are some lawyers who still work on contingency, but most don’t. Keep in mind that even if an attorney does work on contingency, you will most likely still have to pay court filing costs, which can be expensive on their own.

2. Use a reputable online legal resource

Usually, I advise non-lawyers to proceed with extreme caution when downloading or using templates from the internet because these templates are often poor quality and usually not designed for independent musicians. Plus, drafting changes to template agreements without proper legal training can often lead to unforeseen consequences that could be detrimental to your income, copyright ownership, and career.

Here is the exception: in my dealings with many independent musicians, I saw that many musicians needed but didn’t have access to resources to meet their legal needs due to cost or other prohibitions preventing them from hiring an attorney. Therefore, I started Indie Artist Resource (currently only available for California residents) to offer template contracts, intellectual property registration services, and legal consultations all specifically designed to address the unique needs of independent musicians.

Despite the varying quality of most online templates, I’m confident in recommending the templates and services from Indie Artist Resource, as I have personally developed all of the templates with the needs of independent musicians in mind, and I oversee all operations of the business, including handling the consultations. While the nature of template agreements means that a template isn’t tailored to each individual user’s specific needs, some protection is better than no protection – and I’d rather see a musician using a well-drafted template than proceeding without any agreement in place.

3. Contact a legal clinic for the arts

There are some nonprofit organizations that offer free or low-cost legal services to musicians. You can research online whether your state has such an organization and contact the organization to see if what they offer meets your legal needs. Some of the lawyers at these organizations are very competent attorneys who service high-level clients and enjoy volunteering their time to help independent musicians. Of course, others are newly licensed and may or may not be reputable. I cannot comment on the caliber of service you will be getting because it depends on which state you are in, the quality of the organization, and the attorney handling your case. However, if you want to work with someone on an ongoing basis throughout your matter and you can’t afford regular attorney’s fees, then this might be a good option for you to investigate.

 

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.

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.

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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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How to Protect Your Music and Avoid Legal Pitfalls

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Categories: Business, Copyright, Infringement, Law, Legal Issues, Music Industry, Music Publishing, Record Labels, Royalties, Trademark, Tags: , , , , , , , , , , , , , , , ,

I recently had the privilege of being interviewed for My Music Masterclass about how musicians can protect their music, avoid some common legal pitfalls, and more.  The video is available for a temporary stream or permanent download HERE.

My Music Masterclass is a fantastic website where users can view exclusive masterclass sessions with the top touring musicians and industry professionals.  (Registration required and there is a small fee for the streams and downloads.)

You can view a preview of the full video below.  This video is packed with a lot of information and I hope it helps artists to further understand and take control of their careers.

Please don’t hesitate to contact me so I can help you to protect your music and grow your career.

Stream or download the full video here!

This preview video is also available on YouTube – please like, comment, and share it!  (Subscribe to my YouTube channel here.)

The information contained in this video and any linked resource is intended to provide general information and does not constitute legal advice by Erin M. Jacobson, Esq. or My Music Masterclass. The content is not guaranteed to be correct, complete, or up-to-date. This video is not intended to create an attorney-client relationship between you and Erin M. Jacobson, Esq. and you should not act or rely on any information in this video without seeking the advice of an attorney.   YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. ERIN M. JACOBSON, ESQ. AND/OR MY MUSIC MASTERCLASS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO THE USE OF THIS INFORMATION.

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New article published!

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Categories: Articles, Law, Legal Issues, Music Industry, Record Labels, Tags: ,

I am pleased to announce I have a new article published in the current issue of Entertainment and Sports Lawyer magazine.  If you would like to read the article, please click the link below.  There is also a link under the Articles section of this site.

Thanks for reading and I welcome your comments.

“360 Deals and the California Talent Agencies Act:  Are Record Labels Procuring Employment? ” by: Erin M. Jacobson Published in Entertainment and Sports Lawyer, A Publication of the ABA Forum on the Entertainment and Sports Industries, Vol. 29, No. 3, Fall 2011

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