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Tag Archives: music law

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New Interview on The GenY Success Show

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Categories: Interview, Music, Music Industry Interviews, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Erin M Jacobson music attorney lawyer authority expert networking

I recently did an interview on the The Gen Y Success Show and this has been one of my favorite interviews!  It’s a little different than some of my interviews because it’s not about the music business — this interview is about my path in becoming a music attorney, my love of music (and a few examples of my favorite bands and concerts),  my tips on how to network effectively, and more!

“…[Erin Jacobson] established herself as an authority, not only as a lawyer, but within the music industry itself.”  ~ Jason D. Bay, host of the GenY Success Show

Listen here:  The Gen Y Success Show (Online / iTunes)

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What is a Contract Term?

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Categories: Articles, Law, Music Contracts, Music Industry, Music Publishing, Record Labels, Tags: , , , , , , , , , , , , , ,

By:  Erin M. Jacobson, Esq.

A “term” of a contract usually refers to the length of time an agreement covers. For example, two parties may decide to work together for a period of three years, thus the contract would have a “three year term.” Sometimes, the term is broken up into a firm amount of time, with the option to continue working together for longer.   This could look like an initial period of two years, with a one year option. If that option is exercised, then the total term of the contract would be three years. These options are often exercisable at the discretion of one party (like a manager or a record label), making that party obligated to initial period and only obligated to the option periods if they choose to exercise them. The other party (like the artist), however, would be obligated to the entire term (initial period plus options). In other types of agreements (like certain types of music library or publishing agreements) options may automatically renew on a yearly basis, making the contract last as long as the parties are willing to continue working together.

The other way the words “term” or “terms” are used in relation to contracts is to describe certain the actual provisions of the contract. People will say things like “according to the terms of the contract,” which means the provisions of that contract. They may also refer to a specific, singular term, meaning one provision in particular. You will usually know the difference of “the term” versus “a term” or “the terms” based on the context of the conversation.

Both the term length and actual terms are important due to the fact both could bind you to an agreement not ideal for your career. You could be stuck in a deal where the term length extends much longer than it should and prevents you from signing other deals, creating other projects, and stalls your career. In a situation like that, your career in music will effectively be over because without the ongoing momentum, people will forget about you and your music, newer artists will be on the scene, and you will be on a hamster wheel trying to play catch up while the industry moves forward without you.

If the other terms of the agreement aren’t ideal, you could also be broke by paying large amounts of commissions to those you work with without anything left over for you.   You could lose your copyrights and the right to continue profiting off of your work because someone else owns it. You could even lose the right to use your own name professionally, like one artist who told me her story of not being able to register her name as a URL, because she had unknowingly signed those rights away to someone else.

It is of the utmost importance to know what you are signing and have an experienced music attorney review your contract to make sure you do not become another music industry statistic of a promising young talent whose career was crushed by your own failure to hire the right person to protect you.

If you have been offered a deal, contact Erin now to have it reviewed.

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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What’s the Difference Between a Music Library and a Music Publisher?

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Categories: Articles, Music Contracts, Music Industry, Music Libraries, Music Publishing, Tags: , , , , , , , , , , , , , , , ,

music library music publisher music lawyer music attorney erin jacobson erin m jacobsonMusic libraries have exploded in popularity since musicians and composers discovered synchronization (“sync”) placements as an opportunity to make money and gain exposure in the music business. However, songwriters are often confused about the differences between music libraries and music publishers, especially because many libraries are trying to cross over into the publishing space. Here’s what you need to know.

Music Publishers

Music publishers have been around since the late 1700s in America, and they serve as the overall administrators of a songwriter’s compositions. Publishers perform many functions, including:

  • managing a writer’s catalog
  • promoting the compositions in the catalog
  • getting recording artists to record songs by the writer
  • working with a writer’s record label (if the writer is also a recording artist)
  • pairing a writer with co-writers
  • getting sync placements, etc.

Traditional music publishing contracts usually follow one of the following structures:

  • Songwriter agreement: the writer transfers 100 percent of the copyright in his or her catalog of music (including what he or she writes while under contract with that publisher), and the publisher and the writer split the income from the compositions 50/50. (Note: These deals can vary slightly based on the circumstances. For instance, it’s possible that a writer’s back catalog is tied up from a previous publishing deal, and a new publisher will only get new compositions by the writer.)
  • Co-publishing agreement: the writer transfers 50 percent of the copyright in his or her catalog to the publisher. The publisher takes 25 percent of the income from the compositions and the writer receives 75 percent.
  • Administration agreement: the writer retains ownership of all copyrights in his or her catalog, and the publisher simply performs all publishing duties for an administration fee of 10 percent (leaving 90 percent of income for the writer).

Music publishing deals often come with an advance, which justifies the fact that a writer may have to transfer copyright ownership upon signing a new deal. Because publishing deals are exclusive and manage all aspects of the compositions, no retitling of compositions is required.

Music Libraries

The first music library was formed in 1927 in the United Kingdom after movies gained the use of sound technology. The main purpose of that library, and those that followed, was to license music for film (and later TV). Licensing music for film and television is still the main purpose of music libraries today.

These deals can be exclusive or non-exclusive, require a transfer of copyright ownership or not, and may retitle the writer’s compositions (or not). Many libraries realized the value of owning the catalogs of music instead of just acting as a licensing agent and making money on licensing fees. Thus, many libraries decided to do their deals on an exclusive basis and require the writer to transfer to the library a copyright ownership share in the compositions, usually at least 50 percent. Typically, these deals have some sort of threshold where the writer has to earn a certain amount in licensing fees before the obligation to transfer copyright is triggered.

On a more frequent basis, I’m seeing library deals labeled as “co-publishing” deals. These deals provide for a 50 percent copyright ownership transfer, but only a 50/50 income split, which results in less money to the writer than under a traditional co-publishing deal with a music publisher. These deals offer no advance, and require a transfer of copyright ownership triggered by a low threshold of licensing fees. If a writer is close to the threshold but hasn’t met it yet, some companies will even pony up a few hundred bucks to meet the mark, which means the writers are selling out their copyrights for a very small chunk of change.

This scenario may be acceptable for a songwriter who makes his or her living from writing for film and TV and is churning out new songs every day. But in my opinion, these terms are unacceptable for career musicians who are marketing albums, playing gigs, etc. and are seeking placements for extra money and exposure.

The benefit to a library deal over a publishing deal is that a writer can give the library only certain compositions, while leaving others in his or her catalog open to a publishing deal or another opportunity. To be fair, libraries that are incorporating more publishing-like terms in their deals are also doing the work to manage and administer the compositions. However, with many of these companies it remains uncertain whether they have the connections to get other artists to record the writer’s compositions, pair the writer with substantial co-writers, etc. Anyone can act like a music publisher, but the difference lies with whether the longstanding business model and connections that publishers have are present.

For independent or new artists, it’s easier to get a library deal than a publishing deal, but signing with a library and transferring copyrights may complicate or even prevent a writer from signing a publishing deal later.

That’s not to say that a library deal can’t be a great start for a new artist or writer – it can be a great way to earn extra income with songs that otherwise wouldn’t generate any. However, you need to look carefully at your career goals to see which path is really right for your intended career direction. It would be beneficial to consult with an experienced music attorney to discuss which type of deal is the right career choice for you.

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.

 

This article was originally posted on Sonicbids.com.

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A little press from USC

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Categories: Business, Speaking, Tags: , , , , , , , , , , , , , , , , , , ,

Erin Jacobson music attorney music lawyer los angeles randy jackson american idol

USC Music Career Night Panel: Left to Right: Guitarist Brady Cohan, music lawyer Erin Jacobson, producer and moderator Randy Jackson, flutist Gina Luciani, and agent Kevin Korn. (Photo/Tiffany Yu)

 

As previously posted, I participated in a panel at USC’s Thornton School of Music.  Thornton has done an article about the event, which you can read by clicking here.

Also, here is one of my Tweetable quotes from the night:

“If you’re networking just to get something, you’re doing it wrong.” 

Erin Jacobson music lawyer music attorney networking

 

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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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Musicians: If You Haven’t Registered With These 4 Services, You’re Missing Out on Your Money

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Categories: Music Industry, Royalties, Tags: , , , , , , , , , , , , , , , , , ,

There are several potential musician income streams that you’ll unfortunately never see if you don’t set yourself up to collect them. More established musicians have the same responsibility, but often have representatives taking care of these procedures for them, whereas independent musicians have to oversee royalty collection themselves. This means that many independent musicians are losing out on money they could otherwise be collecting because they either fail to register their songs properly, or they haven’t registered at all with the appropriate agencies that collect and pay out these royalties.

Are you properly registered with these four services? If not, you’re probably missing out on money you deserve!

Note: This article only focuses on royalty streams within the United States. It does not discuss international royalty streams.

1. Performing rights organizations

Performing rights organizations (PROs) collect performance royalties, which are royalties paid when musical compositions (not sound recordings) are played on terrestrial radio, digital radio, streamed online, heard on television, played in a live performance, or played in a public place like a bar or restaurant. If you aren’t registered properly or at all with a PRO, you won’t be getting paid for any of these uses of your music.

The three performance rights organizations in the United States are ASCAP, BMI, and SESAC. ASCAP and BMI allow any songwriter to join, whereas SESAC requires a songwriter to be invited to join.

Songwriters need to register in three ways for a complete registration: as a writer, as a publisher, and for the individual compositions. Before elaborating on the necessities of registration, it’s important to note that performance royalties owed for a particular person’s contribution to a composition are split 50/50 between the writer and the publisher, known as the “writer’s share” and the “publisher’s share” respectively.

  • Writer: Every songwriter needs to register as a writer with a PRO in order to get paid the “writer’s share” of performance royalties, which is paid directly to the writer from the PRO. Writers can only register with one PRO at a time (not all three), although if you aren’t happy with your chosen PRO, there’s usually an opportunity to change your affiliation at a later date.
  • Publisher: If you aren’t signed with a music publisher, then you’re actually your own publisher, and you need to also register as such with the same performance rights organization to which you are registered as a writer in order to get paid the “publisher’s share” of performance royalties, which is paid by the PRO to the publisher of the composition. If you’re a songwriter who’s already signed with a publisher, you may not need to register as a publisher depending on your type of publishing deal.
  • Individual compositions: You have to register each individual composition that you write with your PRO. If you don’t register your compositions, your PRO will not pay performance royalties on those compositions because those compositions won’t be in the PRO’s database, and the PRO won’t know who’s supposed to be paid for those compositions.

2. SoundExchange

When it comes to copyrights and the practice of the music business, sound recordings are treated separately from musical compositions. In the United States, there’s currently only a performance royalty for sound recordings for digital performances, which are for uses like satellite radio and internet streaming. Registering for SoundExchange is free and will make sure you are receiving royalties when your recordings are streamed or otherwise digitally performed. As with compositions, it’s imperative that you register your individual sound recordings so that the recordings and the payment designee can both be recognized.

3. Harry Fox Agency

The Harry Fox Agency collects mechanical royalties, which are the royalties paid from the owner of the sound recording to the owner of the composition for the privilege of reproducing the composition onto the master recording. For physical CD sales and digital downloads, this is a statutory rate (i.e., set by the government) and is currently set at 9.1 cents for compositions lasting five minutes or less. There are also mechanical royalties paid for various online interactive streaming and subscription service uses (think Spotify) as well as mechanicals for ringtones, and the rates for these uses depend on the type of use.

If you’re a self-released artist who doesn’t write with anyone else, you’ll essentially be paying sales and download mechanical royalties to yourself, but it’s still important to register with Harry Fox to collect the other mechanical payments. If you have a relationship with a label or anyone else releasing your music (including co-writers where a song you contributed to as a writer appears on other artists’ albums), registration is important to collect all mechanical payments. If you don’t register and you aren’t diligent about collecting your mechanical royalties yourself, you’ll be missing out on income that could add up over time.

4. YouTube

The YouTube revenue system is slightly complicated, but it basically comes down to monetizing your videos by allowing YouTube to show ads before your video starts, and then you share in the revenue generated from those ads. The more views you get, the more the ad is seen, and the more money you make. For most people, the amount earned here might be minimal, but like finding change in the couch cushions, every little bit helps.

 

If you need assistance with signing up for these services, contact a music lawyer or use a service like Indie Artist Resource. Signing up for these services is the basic start to getting your music career set up correctly. Don’t lose easy money — it could pay back big time down the road.

 

Do you have questions that you’d like to get answered in an upcoming “Ask a Music Lawyer” article? Please send topic requests to askamusiclawyer@gmail.com. Please note that specific case advice cannot be given, and if you have questions pertaining to an issue you are personally experiencing, you should seek a consultation with a music attorney.

 

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.

Originally 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. 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 Choose the Right Attorney for YOU – Part 8

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Categories: Business, Music Industry, Tags: , , , , , , , , , ,

Over the last several weeks, I have outlined many qualities to consider when choosing an attorney.  Once you have decided what kind of attorney you want, the next step is actually finding one

How to find an attorney?

Ask your other creative friends whom they use as their attorney.  With the wealth of information on the Internet, it is also possible to find information for the attorney of another artist you admire.  There are several attorney directories like lawyers.com and findlaw.com you can browse.  You can also search for attorneys and view their websites, or refer to networks like LinkedIn.

© 2010 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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How to Choose the Right Attorney for YOU – Part 7

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Categories: Business, Music Industry, Tags: , , , , , , , , , ,

You know what they say:  “Location, location, location!”

Location

If you have to meet with your attorney or go to his/her office, you may want to make sure the attorney’s office is in a convenient location or that you are willing and able to travel to his/her office.

Next time, I’ll discuss how to find an attorney after thinking about all of the criteria I have explained over the last several weeks.

© 2010 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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How to Choose the Right Attorney for YOU – Part 6

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Categories: Business, Music Industry, Tags: , , , , , , , , , ,

Always an important concern is price.  How much does the attorney charge?

Price

Attorneys have different billing rates based, which are mostly based on their experience and number of years in practice.  Some attorneys only bill hourly and/or take retainers, while some will also charge a flat fee or take a percentage of income.  Take serious consideration of what the attorney quotes you and whether you can afford it.  An attorney will not be happy if you think you can afford their rate and then rack up a large bill you cannot pay.

There is one point I need to address because I feel a lot of people do not understand it.  Lawyer’s rates are based on time expended on a matter, experience, years of schooling and learning a skill.  It is different than walking into a store and getting a product.  Many people seem to feel that they should not have to pay for legal services because they do not walk out of the office with a tangible product in hand.  When you pay an attorney, you are paying for that person’s time and skill.  You are paying them to provide a service to you that you should not provide for yourself.  Even attorneys hire other attorneys when they have legal problems.  Just as you spent your time and used your talent to craft a song or write a screenplay and expect to be paid for it, the attorney will do work for you and expect to be paid for it.

Next time, I’ll address attorney location concerns.

© 2010 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.
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