Written By: Leah C. Stevenson, Esq.
Who needs an Entertainment Attorney?
Maybe you’ve been rapping for years, writing your own lyrics, and spending long nights in the studio recording music. When you dropped your new single, loyal fans went crazy as if Beyonce dropped new music after a two-year hiatus. Recently, you have been receiving new opportunities, but you cannot make any sense of the legal mumbo jumbo in the lengthy contracts you have received.
Or perhaps you’re an established producer who creates fire beats. You constantly have artists sliding into your DM’s to inquire about your fee since you are gaining attention and notoriety in the industry. You have a lot of handshake deals, but you have never signed any legal documentation. You know the next step is to get an attorney to advise you of your rights and the compensation you are entitled to.
Alternatively, maybe you are a manager and the artist you manage is starting to take off. Your artist is getting emails from major labels, inquiries about distribution deals, and daily opportunities to perform at local venues. You have been your artist’s exclusive manager for a year, but you two do not have a written agreement that explicitly and clearly outlines your relationship. You know now is the time to get an attorney and draft an agreement that stipulates your rights and obligations to each other.
Or maybe you’re an influencer who has had steady growth and engagement on Instagram, and now brands are starting to reach out to you to pay you as a brand ambassador. Since your previous agreements have been short and to the point, you haven’t really felt the need to have an attorney look over the agreements. But now, large reputable brands are starting to email you and their agreements appear to have way more provisions and contractual obligations. So now you’re looking for an attorney who can decipher the legal language and advise you of your rights.
As you see, the music artist, producer, manager, and influencer all have one thing in common—they are all at the point in their career when they need to legally protect their rights and interests. This is when an experienced entertainment attorney is needed.
However, Entertainment Attorneys do not just represent Music Artists, Producers Managers, and Influencers. Entertainment Attorneys represent many people in the industry including songwriters, actors, creatives, and various companies as well.
What does an Entertainment Attorney do?
An entertainment attorney is a licensed law professional who specializes in legal matters related to the entertainment industry (Duh, no brainer right?). An entertainment attorney represents various clients in the music, film, tv, and other entertainment industries. Their responsibilities range from: (1) Advising clients on legal matters and answering questions related to the industry; (2) Drafting a variety of Agreements; (3) Representing clients during legal negotiations; (4) Protecting clients legal rights; and (5) Networking with industry professionals and connecting clients with entertainment professionals. Overall, entertainment attorneys advise their clients on a plethora of legal issues and serve as liaisons between their clients and other professionals in the industry.
When do I need to hire an Entertainment Attorney?
You need an entertainment attorney when you want to be properly and fully advised as to your rights and liabilities in the entertainment industry. Additionally, your attorney is your advocate when it comes to speaking to the “other side” and negotiating agreements on your behalf. Even if you may understand the gist of the agreement, it is always best to consult an entertainment attorney who can advise you of your rights and obligations and help you truly navigate the intricacies of the industry.
So you have decided you are at the point in your career to hire an Entertainment Attorney, but how do you go about finding one?
How do I go about finding the right Entertainment Attorney for me?
Location
It is important to find an attorney who is licensed in your state or the state in which you want to do business Despite attorneys completing law school (or complete their apprenticeship in California, (hey Kim K), the law is vastly different from state to state. If you live in Colorado, it would not be the wisest choice to hire an attorney from Florida, because that attorney is not licensed to practice law in that state and would not likely be completely up to date on all Colorado regulations, laws, and statutes. Thankfully, for most music artists, they are doing business in Los Angeles, New York, or Nashville, so thus, most entertainment attorneys are either barred in one or more of those jurisdictions.
Practice Area and Expertise
It is important to hire an attorney that specializes in exactly what you are looking for. Just as it wouldn’t be wise to take your Toyota Corolla for a service maintenance at the Volkswagen dealership, one should not seek legal advice from an attorney who does not specialize in that specific type of law. For clients in the entertainment industry, an entertainment attorney that specializes in music would be able to handle most, if not all of that client’s legal needs. The entertainment industry is a large one ranging from traditional entertainment such as music, film, tv, theater, digital entertainment, and all the various facets of those industries. Most entertainment attorneys are well-versed in the many different facets of the industry and can provide proper guidance and advice on how to protect your interests.
Rate
Once you have narrowed your search down to a few attorneys that live in your state and who specialize in the type area of law you need assistance in, now it’s time to weigh the retainers and/or legal fees. Most entertainment attorneys either go based on an hourly rate, flat rate fee, or percentage of your deal. Discussing the various fee structures and rates with any prospective lawyer will surely help you make the best decision for your needs and for your wallet as well.
Personality
Once you have narrowed your search down to the knowledgeable, specialized attorneys in your area, it is now time to see which attorney is the best fit for you. Since your attorney is a crucial part of your team, it is very important that communication between you and your attorney is open and flows naturally. More importantly is your attorney relatable and approachable? It is important for your Attorney to be approachable and easy to talk to. Do you feel like you can talk open freely and honestly to your Attorney without feeling restricted? How are you supposed to feel heard and understood if your attorney is not someone you feel you can open up to?
This is one of the most crucial and, understated, aspects of choosing the best lawyer for you. This person likely will be a life-long staple of your team—advising you on all relevant legal matters and which decisions are best for your long-term goals.
As you are choosing your entertainment attorney make sure that your attorney is barred in the relevant jurisdiction, has experience in the industry, provides affordable rates for your budget, and also is an attorney you feel you can truly relate to and openly share information with. Likely, your entertainment attorney will be your eyes and ears and help you navigate the complexities of the industry, so it is important to choose the best attorney for your long-term legal needs.
DISCLAIMER: The information provided on this website does not and is not intended to constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. This blog post is solely for educational purposes only and does not constitute legal advice and no attorney-client relationship is created via these blog posts.
