why do musicians need a lawyer

by Amya Kohler 4 min read

Musicians need lawyers because navigating these areas can be difficult and sometimes even impossible without the right know-how. When a musician hires an entertainment lawyer, they can trust that person to act with their best interest in mind. This means that their lawyer should advocate for them to facilitate recording agreement contract terms.

Trademark and Copyright - Prevent Others From Using Your Work. Artists need help doing a trademark or copyright. They need that type of advice from a lawyer or they can find themselves in litigation. People will also take artists' art, design, or photos and post them on social media channels or web pages.

Full Answer

What does a music lawyer do?

Music lawyers are under the umbrella of entertainment law, and many specialize in a certain part of the music industry. Understanding what you need legal help with will make it easier for you to find a lawyer who is up to the task. Knowing whether you are looking to build a long-term relationship with a lawyer is also something to consider.

Why should I hire a lawyer?

A solid case can quickly unravel without the help of a trained and emotionally detached attorney. Similarly, failing to hire a lawyer when starting a business, reviewing a contract, or embarking on other endeavors with potential legal ramifications can result in otherwise avoidable pitfalls.

How do I find a good music lawyer?

There is no substitute for a recommendation from someone who has had a good experience with a music lawyer, or a warning from someone who has been burned. Your contacts' contacts are your best pool of information. But it's also smart to do some independent research. Start by doing a Google search for entertainment lawyers in your area.

Do I need a lawyer to sign a music contract?

If you're new to the business and this is your first contract, you probably don't need to put a lawyer on a (costly) retainer. That kind of arrangement is more appropriate for a label managing multiple artists, or someone negotiating numerous contracts with different parties.

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What does an artist lawyer do?

A music lawyer is a specialized attorney who deals with legal issues surrounding the music industry. They are trained to handle a wide range of legal issues, like contract management, copyright claims, trademark disputes, artist representation, and many more.

What do music entertainment lawyers do?

What is an entertainment lawyer? Unlike divorce or corporate lawyers, an entertainment lawyer represents and protects the interests of creatives, companies and others in the many areas of the entertainment industry, such as film, television, new media, theater, publishing and music.

What do you call a music lawyer?

Also Called. Entertainment Lawyer, Music Lawyer. Entertainment attorneys provide legal advice and representation to individuals and businesses in arts and entertainment industries.

What skills do you need to be a music lawyer?

Music lawyers have extensive relationships within the entertainment industry that can yield opportunities for musicians, a knowledge of music law and intellectual property, attention to detail, and a strong awareness of risk management.

Who needs entertainment lawyers?

If you are a talent manager, entertainer or involved in the media industry, you should get in touch with an entertainment lawyer.

How much do celebrity lawyers make?

Salary. Celebrity attorneys charge a flat fee plus a commission, and generally earn $100k – $2 million.

Do you need a music lawyer?

You might be wondering why does a musician, writer or producer need a lawyer? Essentially, a music lawyer is part of the team, advising on legal issues and helping to guide the business aspects of a career in collaboration with other members of the team such as the manager and accountant.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaTax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.Immigration attorney: $84,000.Estate attorney: $83,000.Public Defender: $63,000.More items...•

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

Do entertainment lawyers make a lot of money?

The average annual salary for Entertainment Attorneys is approximately $117,600. The salary range for Entertainment Attorneys runs from $77,000 to $186,000.

How much do music lawyers make UK?

PRS for Music Salary FAQs The average salary for a Lawyer is £61,881 per year in United Kingdom, which is 8% higher than the average PRS for Music salary of £57,034 per year for this job.

What does a media and entertainment lawyer do?

Advice and negotiation relating to music contracts which includes licensing and distribution of music content, including films, through various physical media and digital platforms has become an area that is making use of plethora of lawyers.

Who are Lawyers for Musicians?

Lawyers for musicians are legal representatives who specialize in the music industry. These lawyers represent record labels, musicians, and others in the music industry and focus on issues like trademark disputes, copyright violations, and even recording contract signing.

Why Do Musicians Need Lawyers?

Going into the music industry involves more than getting paid to make music. There are extensive record deals to be signed, intellectual property to be protected, and trademarks and copyrights to establish. Musicians need lawyers because navigating these areas can be difficult and sometimes even impossible without the right know-how.

Common Contracts Used by Musicians

Having a lawyer to consult and trust in when it comes to contract signing is one of the biggest benefits for musicians who hire entertainment lawyers. Since contracts in this field can deal with huge amounts of money and can span several years, signing without a professional on your side is not something you want to risk doing.

How Much Does a Music Lawyer Cost?

Contracts in the entertainment industry can get long, complicated, and confusing. The good news is music lawyers are well-versed in reading, editing, and making sure these contracts benefit you. However, there is a price that you must pay for that expertise.

How to Find a Good Music Lawyer

Locating a good music lawyer might seem like a daunting task, and it can be intimidating, especially if you have no experience. However, it is not as difficult as it may sound. Here are three quick steps you can take to make sure an entertainment lawyer is the right fit for you:

Meet some of our Lawyers

I'm a business law generalist with over 24 years of experience, including as in-house General Counsel, as outside counsel through my own firm and as an attorney in an Am Law 100 law firm. My employers and clients uniformly appreciate my ability to (i) negotiate and close transactions quickly and effectively, and (ii) to make the complex simple.

Protect your brand

One of the first steps that you'll need to do in your music career would be to create a stage name and an exciting logo. This will be your brand, your IP that you'll be associated with throughout your career.

Know and understand your intellectual property

Each track that you create will include several copyrights. For instance, a song will likely attract literary copyright in the lyrics and musical copyright in the music. If you're recording a song, separate copyright should exist in the sound recording.

Setting your relationship with your manager right

A management contract will be one of the most important and personal contracts that you'll ever sign in your entire career. Your manager could end up being one of the most important members of your team, the one who will guide you through your career, take your music to the next level.

Clearing samples

With the immense popularity of music samples soaring with time, it has become more important than ever to make sure that you're legally allowed to use a music sample by clearing it correctly.

Closing out the deal

It might come as a huge surprise but the response from artists, when they enter into a contractual dispute, is that they thought they understood the situation perfectly fine, they were explained the prospect over a few drinks, or they were friends so they thought the other person might not cheat them.

Conclusion: The Final Verdict

These were some of the reasons why you need to hire a music lawyer and take advice from them throughout your career.

Why do artists need insurance?

Artists need to have good insurance for when their art is being transported, if there’s a business interruption, and for their studio. Artists should have commercial general liability insurance - it protects them from legal action if there’s an accident in their place of business.

Why do you need to monitor your work?

It’s something that you need to monitor because you need to defend trademark or copyright or you can lose the right to assert it. It can be resolved with a demand letter for payment to the person who’s using your art inappropriately or illegally. You can also send a cease and desist letter to have your work removed. 4.

Can you sue someone for not paying you?

Usually litigation surrounds someone not paying you. It doesn’t necessarily mean a lawsuit, but some artists don’t explore the alternatives. You can engage a lawyer and tell them the facts. They will spend one to two hours drafting a demand letter to the offending individual.

Do you need a lawyer on a retainer?

You don’t have to have a lawyer on retainer, but it’s nice to have someone you can call who can do a quick contract review. You don’t want to be searching for a lawyer for the first time when signing a contract with a gallery, museum, buyer, etc. 2.

Can artists use a contract template?

Artists often need help setting up a contract template they can modify. And if something unusual occurs, it’s helpful to have a lawyer that you can call. If you didn’t have a lawyer create a contract, it’s a good idea to have them review the contract.

Do artists need a contract?

For instance, artists need a contract when they rent out studio space. Art galleries often present contracts to artists participating in their art shows. Art gallery contracts have some element of commission that needs to be laid out, as well as the safety of the art that is in their possession.

What to Know Before You Seek an Attorney to Represent You

Heather McDonald wrote about music careers for The Balance Careers. She has worked in the music industry for over two decades.

Determine Your Needs

Music lawyers are under the umbrella of entertainment law, and many specialize in a certain part of the music industry. Understanding what you need legal help with will make it easier for you to find a lawyer who is up to the task. Knowing whether you are looking to build a long-term relationship with a lawyer is also something to consider.

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.

Meet With Your Short List

Whether you do it by phone or in person, have a brief question and answer session with your short list of lawyers. Find out what they specialize in, how soon they can work on your case, how much they charge and what their payment terms are. If you get a bad feeling or just don't hit it off with a candidate, don't feel any obligation to hire them.

Why should I hire an attorney?

Below are the top ten reasons to hire an attorney. 1. The Law is Complicated. If you're not a lawyer you probably have no business acting like one in certain instances. Even experienced lawyers typically do not represent themselves in court. Also, attorneys tend to specialize in one or more legal practice areas, such as criminal defense or tax law.

What do attorneys depend on?

Attorneys depend on an extended network of professionals to help their clients ' cases. Most non-attorneys don't personally know the types of professionals who can help with discovery or challenge evidence or testimony by the opposing party.

What happens if you don't have an attorney?

If you're not an attorney, you may struggle with the deadlines and protocol for properly filling out and filing certain legal documents. One late or incorrect filing could derail your case, delay a given legal procedure or worse - have the case thrown out altogether (and not in your favor).

Do I need an attorney for a speeding ticket?

Not every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small claims courts are two examples. However, in many other situations involving a legal dispute, challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an experienced lawyer who can help you out. In fact, while good legal representation may not be cheap, it can help get you out of a number of sticky situations, such as a bad divorce, lost job, or DUI violation.

Can I have a free consultation with a lawyer?

Since many attorneys will meet with you for free during a face-to-face consultation, there is really no harm in talking with one. Not only will a free consultation give you an idea of the type of case you have and its likely outcome, it will help you decide whether you actually need to hire a lawyer.

Can a solid case unravel without a lawyer?

A solid case can quickly unravel without the help of a trained and emotionally detached attorney. Similarly, failing to hire a lawyer when starting a business, reviewing a contract, or embarking on other endeavors with potential legal ramifications can result in otherwise avoidable pitfalls. 2.

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