Role of the Music Attorney Flashcards
Music Attorney
licensed to practice law in particular state or states; the 13 maiden states have unique rules (1 year of law school, 5 years as apprentice, BAR exam); other states have older rules (3 years of law school, BAR exam). It is recommended that a music attorney has power of attorney to handle money issues.
Specialization
There is no such thing as “music lawyer” in NY. This is to avoid lawsuits. Specialization allowed in California (criminal, patent, worker’s compensation, family).
Personal Manager
often family friend, fan of the performer/s; usually there is not written documentation about the relationship.
Solo firm
good for beginning a music career.
least hourly wage;
works closely with client;
generally not very nuanced (only in NYC, LA, Nashville).
Midlevel firm
~10 lawyers in a firm.
Large firm
have a specific division for entertainment law, generally.
flat-rate fee
Client gives X to lawyer, lawyer works for repayment of X.
contingency fee. payment depends on success of the client.
“on the come” fee
work for free until the artist “makes it big”, then gets a flat fee (maybe $100,000).
mediation
form of alternative dispute resolution (ADR); not legally binding; litigation continues typically; cost effective if done well; not good for anguished cases (very often used in divorce cases); want a written agreement; mediation is not necessarily confidential (NY is not mediation-confidential, CA, CO, VA are).
conflict of interest
{issue of fiduciary duty} adverse interests between client and representative lawyer; determined on a case-by-case analysis.
respondiat superior
“let the master answer”, states that any contractor is liable for its subcontractors’ actions.
business manager
liaison between record company and artist(s).
contract
legally binding agreement (not necessarily written); offer, consideration, or acceptance of an offer.
Going concern
consideration of an offer.
Offer
invitation to be legally bound.
