Sunday, August 26, 2012

Music Industry Lawyers


Recently I viewed three posted videos on the Artists Music House website. The videos were interviews with entertainment lawyers Randall Minter, Peter Shukat and Barry Menes. The videos contained important information that every music industry professional should know concerning the music industry in general, contracts and the importance of obtaining a lawyer and legal advice.

Peter Shukat, founder and partner of Shukat Arrow Hafer Weber & Herbsman, L.L.P. out of New York broke down the valuable information on licensing and the types needed for music professionals. However for this post we will discuss the basic registration needed for writing and recording music.

Basically a song writer needs 2 copyrights. The first is a copyright is for written songs.  This is the one that most are already familiar with because it protects the song written by the writer. If you want to protect you music and have the ability to sue when your music is used without your permission, you must register the copyright. The second however is one that is not known by most, it is called a recording copyright. The recording copyright protects the recording of a work. It is possible to own the song and not the recording. In the interview Shukat describes a scenario of an artist who wants to sample a recording of a musical work. That artist needs permission not only from the writer, but also from the owner of the recording.

Attorney Randall Minter is an entertainment lawyer based in Atlanta, GA. Minter discussed many things but in particular we will focus on the roll of the Entertainment Lawyer and his or her importance to the artist. Randall says, these days lawyers do not really get involved until there is some sort of contract already in play. A consultation fee could cost between 2 and 5 hundred dollars an hour. The lawyer’s job is to basically interpret and negotiate the terms of the contract on behalf and in the interest of the client.

It is important to remember the following points when choosing a lawyer.

  1. Lawyers can not have a conflict of interest. They can not represent you and the opposing party. (Minter)
  2. Lawyers should be trusted. It’s a personal thing. (Shukat)
  3. Lawyers are a good place to start. They can lead you to other professionals in the industry that the artist needs. (Menes)
Hear Minter, Shukat and Menes share there expertise in its entirety located on the following links.

Kendall Minter
http://www.artistshousemusic.org/node/5369/6036
Peter Shukat

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