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 Entertainment
Law Attorneys
An
Introduction to Working with
them
by Christopher Knab - Fourfront
Media & Music
Updated February 2008
Back to The Academy
The
Golden Rule
The Golden Rule regarding lawyers: ‘Never
use anyone but an Entertainment Law attorney. Don’t use Uncle Bill, the real
estate lawyer. Don’t hire your next door neighbor who is a public defender.
Don’t hire an attorney who works in the medical profession.
Entertainment Law is a specialty field.
Musicians are part of the entertainment industry and when you need a lawyer in
this business, you need someone who knows the recording industry inside
out.
Attorneys in the music business need to
know about recording contracts and should be able to advise clients about the
copyright laws. They are very much involved in structuring the deals that may
come your way, and have a lot to say about shaping an artists’ business
life.
What To Look For In A Entertainment Law
Attorney
One
major thing to look for is a lawyer’s relationships in the industry. Lawyers
have evolved into one of the most powerful groups in the music industry. They
end up seeing more deals than anyone else, and have more knowledge of what’s
“going down” around town. Record companies, for instance, can’t ignore phone
calls from important lawyers, nor can they afford to treat them shabbily since
they’re going to be dealing with these lawyers again and again. A knowledgeable
lawyer with good relationships will get your deals done quicker, and will get
you the best deal that can legitimately be had. Here are some other aspects for
you to consider when “shopping” for a lawyer:
Experience
Does he or she have expertise in the
music business? Make sure that the lawyer you are hiring is an entertainment
lawyer with at least some experience in the
industry.
Fees
There are basically three ways attorneys
in the music business charge their clients:
1) Hourly Fee. Some lawyers charge
on an hourly basis. The rates range from $175 per hour for new lawyers to up to
$450 or more for more established, reputable lawyers.
2) Percentage. Others charge a
percentage usually between 5% and 10%. If the lawyer takes a percentage, make
sure to get a complete explanation of how it is computed; each firm is
different!
3) “Value Billing.” Some lawyers
do something known as “value billing,” often with an hourly rate or
retainer against it.
A retainer is a set monthly fee that is
either credited against the ultimate fee or it’s a flat fee covering all
services. Value billing means that, when the deal is finished, the lawyer asks
for a fee based on the size of the deal and his contribution to it. For
instance, if the lawyer had very little to do with shaping the deal, and only
wrote the contract, the band should expect a fee that is close to an hourly
rate. On the other hand, if the lawyer came up with a clever concept or strategy
that made the band substantial sums of money, or if the lawyer shaped or created
the deal from scratch, he may ask for a much larger fee. If your lawyer does
value bills, you should get some idea up front what it’s going to be, so that
there aren’t any rude surprises.
Also, ask your attorney if -- in addition
to fees – there will be charges for any other costs such as long-distance phone
calls, messengers, photocopies, faxes, etc.?
A Final Tip: Ask the lawyer for
references of artists at your level of experience, and check them out. Does he return phone
calls? Do they get deals done in a reasonable period of time? (Reasonable in the music business
is not going to be anywhere near the speed you would like. It’s not uncommon for a record deal
to take four or five months to negotiate, especially if you’re a new artist and
can’t force the record company to turn out a draft quickly. Four to five months is a
realistic time frame, but if it goes beyond that, someone isn’t doing their job.)
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Christopher Knab is an independent music business consultant based in Seattle, Washington. He
is available for private consultations on promoting and marketing independent music, and can be reached at 206-282-6116
or by email at: Chris@Knab.com
Chris Knab's new book, 'Music Is Your Business'
is available NOW from the Music Biz Academy bookstore.
Visit the FourFront Media and
Music website for more information on the business of music from
Christopher Knab.
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