Music
Business and Entertainment Law 2008
The business model for the music industry in 2008 is radically
different from the business model for last year and I would
bet radically different from the model for next year. The
decline in sales by major labels has occurred at the same
pace as the development of tools for artists to distribute
their music independently across a broad platform. This new
way of doing business presents a wealth of opportunities and
challenges for artists. While new opportunities and revenue
streams have evolved, numerous pitfalls have arisen and, as
has always been the case, it is absolutely critical that an
artist knows what they are getting themselves involved with.
A large part of my practice involves advising clients on these
various possibilities.
On a general basis, I am involved with drafting and negotiation
of recording agreements, agreements with producers and mixers,
production agreements, distribution agreements, publishing,
co-publishing and administration agreements and licenses,
management agreements, agreements with investors, agreements
for film and television as well as book publishing and the
sale of music publishing catalogs.
Entertainment Litigation and Dispute Resolution
I have represented litigants in both state and federal courts
since 1984. I have had extensive experience representing both
plaintiffs and defendants in a variety of entertainment related
cases ranging from copyright infringement to disputes over
publishing agreements, management agreements, recording agreements
and ownership of intellectual property. Often matters can
be resolved without resorting to litigation and in my opinion,
this is the preferable way to settle disputes but it is important
to know what your rights and responsibilities are and how
to protect and enforce those rights. I try and help people
deal with complex problems that can lead to litigation.
Copyright and Trademark Matters
I advise clients on all areas related to copyright registration
and protection.
With respect to trademark rights, I counsel clients in the
protection of group names, company names and protection of
names for entertainment properties. Years ago, an attorney
friend of mine wrote an article in which she stated her opinion
that there were no more good group names available for trademark
protection. While I scoffed at this observation at the time,
I am beginning to realize that she had a point and therefore,
it is absolutely essential for recording artists and entertainers
to ensure that their name is available for protection on an
national (and sometimes international) basis before investing
heavily in the marketing and exploitation of that name. I
have had experience representing both plaintiffs and defendants
in trademark infringement and trade dress infringement litigation.
Protecting against trademark infringement can be an ongoing
battle for many established artists.
Business Formation
I counsel clients with respect to the most appropriate business
entity to form for their particular enterprise. Most music
groups are stunned when I tell them that by performing together,
they actually meet the legal definition of a partnership and
become subject to the application of state partnership law.
It is important for groups and individuals to work through
these issues and choose a business entity that allows them
the flexibility they require as well as the protections from
legal liability afforded by such business entities. I have
worked with clients for years in drafting partnership agreements,
forming corporations and forming limited liability companies.
Because limited liability companies provide such a unique
method of flexibility in doing business in Tennessee, I try
to keep up with the emerging trends in this area.
Divorce and Family Law
Divorce is awful. No matter what the cause or basis for dissolving
a marriage, the divorce process is stressful. Adding to this
stress is the whole concept of dividing marital property.
I believe that a great deal of the uncertainty and mystery
surrounding a divorce action can be avoided by an understanding
of how courts in Tennessee determine what is separate property
and what is marital property and what the guidelines are for
dividing marital property. Within the context of the music
industry, this understanding is essential because copyrights
and royalties are the types of property which can be subject
to division in a divorce.
Wills and Estate Planning
In my law practice, I have found that one of the most troubling
issues for people to deal with is the preparation of a Will.
However, a Will is absolutely essential if you have children.
It is imperative that you provide for the care and custody
of your children if something were to happen to you and your
spouse or former spouse and that further you establish a trust
for your children during their youth and beyond so that they
are properly provided for. Estate planning is also important
for artists and songwriters and estate planning intersects
with copyright law when one begins to understand and plan
for the administration of renewal rights in copyrights and
termination interests in copyrights. |
