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Howard Leib : How To Use A Lawyer
Howard Leib : How To Use A Lawyer
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CHILDREN'S MUSIC AND THE LAW - HOW TO USE A LAWYER
One question I'm often asked by prospective clients is "When is the right time to bring in a lawyer?" Unfortunately, there is no single right time to put a lawyer on your team. The right answer will depend both on your finances and the state of your career.
To decide when to bring in a lawyer, you must first decide what you want the lawyer to do for you. In many ways, lawyers are now the shamans of our society, whatever the problem, the lawyer will handle it. For purposes of our discussion here, I am only talking about the lawyer as s/he relates to your musical career.
The music lawyer can serve one or more of the following functions for
you:
1. General advice on a wide range of subjects from music to the music industry to business
2. Deal shopping (more later)
3. Contract review
4. Contract negotiation
Some lawyers also serve as personal managers, investment counselors or other non-legal, business related functions (I don't). Obviously, unless you have expertise in the business side of the "music business," it is to your advantage to have some relationship with either a lawyer or a manager (more on managers some other time). It would, therefore, be advisable, if you can afford it, to put a lawyer on retainer early in your career. The lawyer can advise you in copyright and trademark matters, when and how to contract with producers, musicians, etc., create a form agreement for you to use in connection with contracts or birthday parties, etc.
As your career develops and grows, you may find yourself branching into other areas of kids' entertainment. For many of you, this will include creating and trying to place a home video, TV or other project. This is the point where many performers seek out the lawyer.
You should understand that a lawyer is not a prerequisite to the shopping process. Shopping can be done by a manager, an agent, a producer, your banker, your brother's best friend's golf partner's dentist or anyone else who can get your project in front of the "right people." There is an exception to this. Some many companies refuse, as a rule, to accept submissions from anyone other than a lawyer, a manager or some other party with whom they have dealt previously. There are two reasons for this. One, the companies believe (erroneously) that this protects them in some way from copyright infringement suits; two, the companies believe (usually correctly) that these parties will pre-screen material and only shop projects with at least a minimum level of quality. I will discuss the shopping process in more detail in another column. One thing I will mention here is, be careful of anyone who promises s/he can get you a deal. Other than the person who signs the contract from the entertainment company, no one can make that promise.
The time when a lawyer is virtually a necessity is when someone actually offers you a contract. There are many, many people out there who are more than happy to take advantage of a talented performer with a trusting nature. Without going into too many details, you can inadvertently give up large portions of your income, ownership of your creative product or rights to your performing name. In addition to protecting you from being taken advantage of, a good lawyer can also improve your deal by knowing what you are entitled to and what to ask for.
An important question to address is what type of lawyer to look for and how to find her/him. In this regard you should note that I have a certain amount of self-interest and my comments maybe read in that light. Like many other areas of the law, entertainment law is a specialty. It is practiced in small amounts by a large number of lawyers and in large amounts by a small number of lawyers. Entertainment law has within it several subspecialties, i.e., music, theater, films and television. Most entertainment lawyers will have experience in several or all of these areas.
There are several advantages to employing an experienced entertainment lawyer. The lawyer will know what the industry norms are. He or she will likely have their own network of contacts, on a nationwide (or international) basis which you can make use of. Perhaps most importantly, the companies with whom you want to do business (i.e., the record companies, Nickelodeon, etc.) will take you more seriously if you are represented by someone with whom they have dealt previously.
You can get referrals from bar associations, find names in the newspaper or ask other performers for recommendations. This last method of finding a lawyer is preferable as it allows you to learn something about the lawyer before you contact him or her. When you do contact a lawyer, ask a lot of questions, As I tell prospective clients, this is my job, but your life. Do not be intimidated. Ask for references, past dealings, what the lawyer charges and how bills are determined. Most lawyers will want a retainer, i.e., a prepayment against future bills. Find out what the retainer will cover. Most importantly, be sure you are comfortable with the lawyer and with asking questions of this person. The lawyer will be an important member of your business team. A good relationship is essential.
If you have questions or suggestions for the column, you can reach me at:
Howard Leib, Esq.
271 Madison Avenue, Suite 200
New York, NY 10016
(212) 545-9559, Fax (212) 545-0909
HowardLeib@aol.com
(ed. Howard's been practicing in NYC since forever, and is the founder of the Children's Entertainment Association.
Visit his sites: http://www.kidsentertainment.com/ and http://www.braincamp.com/
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