how to find an artist lawyer

How to Find a Lawyer Once you know what you need from a lawyer, start asking those in your music industry circles. You are almost certain to know someone who has had to visit a lawyer for a music industry issue before.

Full Answer

How do I find an attorney near me?

Start your search with local brick and mortar shops. Your network is a great place to start to find an attorney for your creative business. You’ve probably got businesses that you support that are local brick and mortars. Brick and mortar locations are far more likely to need an attorney quicker than an online-only business or a small ...

How do I find a good music lawyer?

The first step in finding an entertainment attorney is to be sure you know your goals. Often, the best way to locate an attorney is through referrals from other entertainers.

How do I know if an attorney is right for me?

Art Law Definition. Art intersects with law in a multitude of forums and disciplines. The broad classification of "art law" encompasses the body of law applied to fine art and artists, and also often extends to cultural property, collectibles, multiples, and memorabilia. Art attorneys advise on the various art specific laws that exist at the ...

How do I find a good lawyer to hire?

What areas of law should artists and creatives know about, in order to protect their work and avoid legal pitfalls? The most important are “intellectual property” law, freedom of speech and expression, privacy and publicity law, and laws for independent contractors and freelancers. 1. Protecting artistic work.

What does a lawyer do for an artist?

A music lawyer acts as a compass in complex scenarios, protecting clients' interests through the lens of the law while connecting dots at a high level. In other words, if a publishing deal undervalues an artist, the lawyer demands more dough.Jan 25, 2019

Do artists have lawyers?

Most artists begin relationships with lawyers when something catastrophic happens. Don't wait! It's much better to find a lawyer before you find yourself in hot water. From trademark dilemmas to litigation woes, it's important for artists to know when and why to consult a lawyer.

Can you sue an artist?

Can I sue someone for using my art? "People take, right?" you ask. Lehman says that you cannot sue them unless you're registered with the copyright office. In order to protect your rights, you should register with the copyright office if you fear someone may infringe upon your original work.

Where is the best place to find a lawyer?

You can run an attorney search at databases such as Avvo and Martindale Hubbell, which provide information such as practice areas, location, disciplinary records, and lawyer reviews. You might also consult your local or state bar association's attorney directory, which is a list of lawyers in your area.

Who is an art lawyer?

Art attorneys advise on the various art specific laws that exist at the state and federal level and affect the relationships and transactions among collectors, artists, dealers, and other art world participants.

Who is the most famous lawyer?

Famous Lawyers You Should KnowRobert Shapiro. Robert Shapiro is one of the best-known lawyers in American history. ... Thurgood Marshall. Thurgood Marshall was one of the most famous lawyers in American history. ... Woodrow Wilson. ... Johnnie Cochran. ... William Howard Taft. ... Andrew Jackson. ... Abraham Lincoln. ... Robert Kardashian.More items...

Can you be sued over a tattoo?

Can you sue a tattoo artist for bad work? To keep it short, yes. Tattoos result in permanent changes to the client's appearance. Although tattoo removal services are available for people with unwanted tattoos, clients who end up with a tattoo that doesn't meet their expectations may file claims against your business.

Can you be sued for copying an art style?

It is legal to copy anything. It is illegal to sell, publicize and publish a copy of an artwork unless you have prior permission from the copyright owner. It is also illegal to publish and sell an artwork that's substantially similar to another original work of art.

Are musicians responsible for what happens at their concerts?

The Rowdy Fans If injuries occur at these times, the artist may own responsibility in the damage caused and owe monetary compensation to the injured party. Depending on the cause and type of accident, the artist is the person liable for these damages.

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.Sep 18, 2014

What should I look for in a good lawyer?

7 Qualities to Look For in a LawyerExperience. Although it's not essential to find an expert in your particular field, it makes sense to look for someone who specializes in small-business problems as opposed to, say maritime law. ... Understanding. ... Ability to communicate. ... Availability. ... Rapport. ... References. ... Reasonable fees.Feb 28, 2013

What are some questions you should ask a lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

How can I find an attorney for my creative business?

So how do you go about finding an attorney for your creative business? That’s what we are covering in this week’s episode of Ask Kiff.

Show notes

Each week, I send out an email to help you confidently strengthen your business’ legal foundation by sharing my experiences and knowledge.

Transcript

If you have a problem with your foot, you wouldn’t go see an oncologist.

What is a music attorney?

Music attorneys generally fall into two categories: litigators or transactional attorneys. Litigators are hired to represent individuals and companies involved in the music business in court, arbitration and mediation. For instance, if you are owed money on a contract or you have a copyright infringement case.

How do music attorneys get paid?

Music attorneys are paid in several different ways: A. By the hour: Under this arrangement, the attorney will bill you by the hour (or part of an hour), with an upfront deposit (retainer).

What are some examples of music lawyers?

Some examples: recording, music publishing and songwriter contracts, management or music producer agreements, and touring and merchandising agreements. Some music lawyers do both litigation and transaction work, but most are one or the other. A few music attorneys may be willing to “shop” an artist, meaning they will look for a recording ...

Where can I find a music lawyer?

Most of the music attorneys are in New York and Los Angeles, but you can also find them in places like San Francisco, Nashville, Miami, Chicago, Minneapolis and Toronto. One of the best ways to find a music lawyer is by referrals from friends and relatives or from people you trust in the music business. You can also research music attorneys online.

Why is hourly billing so difficult?

Hourly billing is tricky, because it's difficult to know how many hours a particular task will take. If you can, get your attorney to agree to fixed fees for certain work rather than hourly billings. For example, if your attorney is negotiating a merchandising deal, get a flat rate for the whole job.

Why do entertainers hire lawyers?

The most common reason that an entertainer hires a lawyer is to review, draft, or negotiate a contract.

What is the most common method of payment for attorneys?

The so-called "billable hour" is still the most common method of payment. Many attorneys ask for a retainer, which is an advance payment for legal work. The amount of the retainer is included in the attorney-client fee agreement.

How much do attorneys charge per hour?

Understand up front that most attorneys bill on an hourly basis (often between $300 and $700 an hour) and send a bill at the end of each month. Some attorneys bill on a fixed-fee basis, in which you pay a set amount for services (expect to pay $5,000 to $25,000 to negotiate a major entertainment deal, for instance).

What is an attorney in the entertainment industry?

For better or worse, however, attorneys are part of the fabric of the entertainment industry. They facilitate connections between performers, producers, and venues, and assist in drafting and negotiating contracts.

What is fee agreement?

The fee agreement is negotiated between you and your lawyer and establishes the payments and the lawyer's responsibilities. It is usually contained within a broader retainer agreement, the contract between you and your lawyer outlining your relationship.

How to choose an attorney?

Don't choose an attorney purely based on his or her "know-how." Consider also style and personality. While these qualities might seem superficial, remember that you may spend long hours working together. You may prefer to be represented by an attorney whose style and demeanor correspond with yours. Do you want someone aggressive? Ambitious? Accommodating? Serious? Boisterous?

What is an art attorney?

Art attorneys advise on the various art specific laws that exist at the state and federal level and affect the relationships and transactions among collectors, artists, dealers, and other art world participants.

What is art law?

Art Law Definition. Art intersects with law in a multitude of forums and disciplines. The broad classification of "art law" encompasses the body of law applied to fine art and artists, and also often extends to cultural property, collectibles, multiples, and memorabilia.

What are the three privacy issues?

There are 3 categories of privacy issues: Intrusion: Individuals have a right to protection against unwarranted intrusion upon their solitude and private affairs. Public Disclosure: Individuals have a right to protection against the public disclosure of embarrassing facts about their private lives.

What are the rights of privacy?

There are also rights of privacy issues. There are 3 categories of privacy issues: 1 Intrusion: Individuals have a right to protection against unwarranted intrusion upon their solitude and private affairs 2 Public Disclosure: Individuals have a right to protection against the public disclosure of embarrassing facts about their private lives. 3 False Light: Individuals have a right to protection against publicity that places them in a false light

What is intellectual property?

Intellectual property refers to the legal protections for certain work product. There are four main categories of intellectual property: copyright, trademark, patent, and trade secret. See our Guide to Intellectual Property for more.

What is commission based work?

Commission based work usually means the artist is an “independent contractor” aka “freelancer,” performing work for a “client.”. Generally if you work as an independent contractor, you maintain all the rights to the work, unless you have a contract that states otherwise.

How long do you have to give notice to remove street art?

To comply with the Visual Artists Rights Act, the building owner must give at least 90 days notice to the artists before the owner can remove or destroy the street art. This notice requires a “good faith effort,” which is usually satisfied with a mailing with return receipt. 3. 17 U.S. Code Sec 113.

What happens if the owner of a building does not comply with the law?

If the building owner does not comply with this law, it can mean serious money for the artists. In one case in New York, the owner was forced to pay the artists $6.7 million.

Can you use copyright to work for hire?

Yes. In addition to intellectual property, certain art can be protected by “moral rights,” which include the requirement of author attribution and preventing the destruction of the art. These can apply even if the artist has no copyrights in the work. But they do NOT apply to “work for hire” (see below).

What is fastcase law?

Fastcase is a comprehensive national law library with online access to cases, statutes, regulations, court rules and Bar publications. Fastcase is ranked as one of the best member benefits the Bar offers.

What is a webcast for ICLE?

Webcasts are video recordings of live ICLE seminars. Choose the right course for your practice and earn self-study CLE credit anytime, anywhere you choose. View the list of available webcasts here.

Where is the Virtual Museum of Law?

The Virtual Museum of Law is an online extension of our physical Museum of Law, located on the third floor of the Bar's headquarters in Atlanta. Visitors to the Virtual Museum will find informational animated videos about famous Georgia and U.S. cases.

What is an hourly rate for a lawyer?

Hourly Rate: Lawyers often charge an agreed-upon hourly rate for their work, and the work of their assistants. The hourly rate applies to both face-to-face consultations and behind-the-scenes work on your case. A good lawyer will usually be able to estimate the required number of hours per case in advance.

What is retainer fee?

Retainer Fee: A retainer fee is an advance payment to an attorney towards the hourly rate in a specific case. Your attorney will place the retainer fee into an account, and deduct money as work on your case progresses. These are usually non-refundable if you choose to terminate the case early.

Why is it important to understand a lawyer's previous experience?

Understanding a lawyer’s previous experience is essential to understanding how they can handle your case. You’ll want to ask how many years the lawyer has been practicing. A lack of experience doesn’t necessarily make for a bad lawyer, though, especially if they have experienced lawyers around them.

Why are lawyers important?

Lawyers are also important partners in situations that don’t involve the courtroom, advising clients about their legal rights and obligations for personal or business issues. They are trained to interpret complicated systems of laws and navigate the court system.

Is a bankruptcy attorney's fee refundable?

These are usually non-refundable if you choose to terminate the case early. Statutory Fee: Sometimes, state or local law determines a set amount that you owe your attorney for certain services, like bankruptcy cases and probate issues. A court may also set a statutory fee, though this isn’t standard.

How do lawyers persevere?

Finally, successful lawyers know how to persevere. The law is a tough field. There is no reason to sugar coat it; practicing law can be one of the most rewarding and meaningful careers out there, but it’s also a lot of work. As is true with any profession, success requires effort. There will be difficult days. You may be stuck dealing with a client who is making your life unnecessarily hard, an opposing counsel who is being rude for no reason, or a judge who rules the wrong way on a key procedural matter. You may simply be frustrated because you spilled hot coffee on your shirt that morning. It happens. What sets successful attorneys apart from ordinary attorneys is that they know how to persevere through the challenging times to get to the rewarding and meaningful moments that make it all worth it.

What does an attorney do after an accident?

Whether it’s by helping them through a difficult family law matter, protect ing them against false charges , or securing fair financial compensation after an accident, attorneys advocate for people during some of the most challenging times in their life. Lawyers matter.

What is the most underrated trait of an attorney?

Willingness to Listen. One of the most underrated traits shared by almost every successful attorney is a strong ability and willingness to listen. Although strong listening is a part of overall communication skills, it’s important to highlight listening as its own professional trait.

How do lawyers communicate?

A great lawyer knows how to get important ideas across in formal legal writing, in informal emails, in phone conversations, through discussions in official legal settings, and in private conversations.

What are the skills of an attorney?

On a fundamental level, attorneys are communicators. They communicate with their clients, they communicate with other parties to the case, and they communicate with the court. Beyond that, lawyers communicate in a wide range of different ways.

What is the legal knowledge needed to be an effective corporate litigator?

The legal knowledge needed to be an effective corporate litigator is far different than the legal knowledge needed to help a California couple pursue a private adoption. Great lawyers know their area of practice. Some of this knowledge comes from experience. Some of it comes from education.

What does it mean when you open your ears?

When you truly open up your ears, you will probably recognize that people are giving you even more information that you thought. Listening to your clients, listening to witnesses, listening to your opposing counsel, and listening to the court can be the difference between winning and losing a case.

Find Your Art

First, and most importantly, figure out the art that you favor. This could be drawing, cooking, painting, knitting, singing, acting, sculpture, or anything else that you feel a driving passion for. In your free time, start creating this thing. Write songs on your breaks. Draw pictures during commercials. Write down ideas for stories at stoplights.

Start a Portfolio

Next, you want to start creating a collection or body of work. If you make paper flowers, arrange them as bouquets. If you make clay figures, create a few sets. If you create interesting types of cupcakes, write down or blog about the recipes. It sounds simple, but creating a body of work is one of the keys to being an artist in your own mind.

Research, Research, Research

We are living in an amazing age of global information sharing and marketing: Online marketplaces like Etsy make it possible for someone in Bulgaria to create a bouquet of handmade silk flowers and sell them to a starry-eyed bride in Kansas.