Friday, September 11, 2009

Do You Really Need an Entertainment Attorney?


“Attorney” is about as popular of a topic as politics, religion, and abortion. The stereotypes run rampant – crooks, shysters, bastards, robbers, and worthless. Oddly enough I agree with most of these....to a point. These characteristics represent the old school entertainment attorney, the wanna-be entertainment attorneys, much like the term greedy represents the old entertainment industry and major labels. Just as the industry has adapted, attorneys have (or should) adapt as well. There is a new breed, the new age entertainment attorney, who is an essential component in a musician's expanding career.

People should understand the old school entertainment attorney, which unfortunately still plagues the industry, is composed of many varying characteristics. Matter of fact, “entertainment attorney” is a bit of an enigma, so allow me to pull the curtain. (1) An entertainment attorney is NOT a general attorney. A giant misconception for bands when they need legal assistance is running off to the first lawyer contact or family friend who works in the law. Legal practitioners have different specialties, but for the most part general litigation is the dominating focus. General litigation is not entertainment law. In a nutshell, many “entertainment attorneys” are as much entertainment attorneys as they are astronauts. (2) There are more wanna-be entertainment attorneys then there are musicians wanna-be’s. Lawyers think it sounds fun, glamorous, or the have colossal financial delusions. Wrong. Entertainment law is about as fun as being a struggling musician. Beware of these sleazy douchebags. When you hear “I’ll make you a star”, “sign with me, we’ll make some money”, or “I’ll get you signed” sprint for the hills. (3) True entertainment attorneys are a dime a dozen. Entertainment law is extremely diverse and can encompass specialties like contracts, intellectual property, negotiation experience, an understanding of international law, entrepreneur mindsets, publishing knowledge, and countless other qualities. It is virtually impossible to find an attorney with all of these skill sets.

Once you bypass the layers of BS outlined above you reveal the true entertainment attorney, the “old school” entertainment attorney. They aren’t bad guys, matter of fact they are the only positive left over from the industry reformation. They are honest, they are hardnosed, and they are you’re best friend. Unfortunately the shyster characteristics listed earlier have given these guys a bad wrap; but that isn’t the problem. The issues facing the “new music market” today doesn’t call for the old schooler’s expertise. The market changed, new issues spawned, and new needs developed. The old entertainment attorneys are too static and can’t fulfill the demands of today’s musicians.

Soooo, back to the million dollar question- Do you need an entertainment attorney? “YES”. There are too many problems to handle, gate keepers to pass, a musicians growth strategy, touring issues, and market planning topics that must be handled by an attorney because even the most grizzled and educated musicians can’t handle them. With that said, don’t look for the old school characteristics in your entertainment attorney, you represent the new industry, and your attorney should too. On 9/15/09 learn what to look for.

2 comments:

  1. Thanks for that post. However I wonder, considering that the entertainment industry has "changed", what role can a "true" attorney provide for you in a slimmed down, indie focused industry? I understand that the knowledge an attorney has is invaluable, but usually most lawyers had justified their rates and services because the major labels were extending huge budgets to everything for new artists and projects.

    Now, with so much industry down sizing, I'm not sure if a major record label feels a $500/hr attorney is still necessary. So I'm wondering, is an agent more important than an attorney, or vice versa? Are attorneys trying to take on more roles, or staying as hands off as possible.

    After all of the time I've put into working to obtain a full-time career as a Composer & Producer, I'm beginning to feel that I should be maybe pursuing an agent to represent me, rather than a lawyer. But now that the industry has changed, I'm not sure what is best. I'm still working on music, but I still have to do the 9 to 5 thing also.
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  2. Do you feel that your entertainment attorney should be on your level as far as up and coming since we all don't have the means to afford major representation.Or Do you feel like I should sacrifice the little I have to an entertainment attorney who is already proven and I believe that he has a better chance at signing me to a major
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