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News Headlines
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The victim of incarcerated rapper Remy Mas 2007 shooting, Makeda Barnes-Joseph, has reportedly filed a lawsuit against Universal Music Group. [Visit SOHH.com for more information]......
By Laura Sydell, NPR - All Things Consi...
Published:Fri, 23 Apr 2010 18:44:08 -0700
Corynne McSherry, an attorney with the Electronic Frontier Foundation, explains how fair use works: It lets people use a film clip or a paragraph from an article or a piece of mus......
Sunday memorial will honor Jeff Tuttle...
Published:Fri, 23 Apr 2010 22:36:38 -0700
At 1 p.m. Sunday, friends of Jeff Tuttle, district attorney of Calaveras County and remembered as one of Mokelumne Hills most beloved sons, will gather at the Mokelumne Hill Town ......
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Hiring A Music Attorney

For starters, make a list of potential candidate's referrals you receive through other musicians. You can also call one of the performance rights organizations, such as ASCAP or BMI, as they can be helpful making a recommendation on a music attorney to handle your needs. There are also listings of music attorneys in publications. By the way, an attorney need not be in your home town to be effective. Although face-to-face contact is always preferred, with phones, fax, and e-mail, long distance communication has never been easier. Write letters of introduction to those on your list and follow up with a friendly phone call. If they fail to call you back after a few tries, either they're too busy for you anyway, or they lack in the courtesy you're looking for. Keep searching and soon you'll be sure to find the one with the expertise you need who also happens to match your personal wavelength.

Although there are many top-flight, caring attorneys who reach out to bands, artists, and songwriters they've seen perform at various showcases to offer a helping hand (sometimes for free), they'll always ask the person if he already has legal representation. Beware of the ones that try to persuade you away from your current attorney.

After you make a solid connection with an attorney by phone, the next step, if at all possible, is to set up an interview at the attorney's offices. You need to be in harmony with the person who's going to help you make tons of money with your music, so be armed with specific questions when you have your interview. Let the attorney's answers to each of the following questions help you decide whether you want this person on your business team:

  • Is your practice limited to music? A jack-of-all trade's attorney may not be the master of any. (Your dad's real estate attorney who "plays a little banjo," ain't gonna cut it.) Look for an attorney who specializes in music law. Next, find out what his specialty is within that broad category. For example, if his forte is negotiating recording and publishing deals, make sure he also feels comfortable handling copyright issues and royalty questions, or has others on his staff that he can pass the baton to when the need arises.
  • Whom do you represent? See if, on his list of clients, you recognize the names of any big success stories that have inspired you. Also, check for any conflicts of interest. For example, does he represent any publishing companies that may want to sign you to a future deal? That's something you may want to avoid.
  • How much experience do you have? This may tell you how much time he's going to have to spend with you. Find the one attorney who has enough experience in business to make you feel confidant in his services, but also whose workload won't make you feel like you're at the bottom of his totem pole.
  • How strong are your contacts? Let's face it. Networking and access are important aspects to consider as far as what this team player can offer you. An attorney's clients, contacts, and relationships are important aspects to consider in making your choice.
  • How much will your services cost? You can expect a variety of options, and there are pros and cons for any of the following fee arrangements:

Retainer: Simply put, this is when you pay your attorney a fixed advance, usually monthly, from which his fees and expenses are deducted.

Hourly rate: The attorney keeps track of the time spent on your behalf, and you're billed on a monthly basis. You can expect the hourly rate to be $100 to $500 per hour, billed in 15-minute increments. In addition to the billed time, all expenses for phone, postage, photocopies, and so on will be added to the bill.

Fixed flat fee: Usually, this is a fixed amount that's proposed by the attorney when a deal is being negotiated for your project — like when you're offered a huge amount of money and you don't know how much of your attorney's time you'll need, and you want to call him at all hours of the night! The fee could be $5,000 or even $100,000 depending on the deal.

Reasonable fee: This arrangement is similar to the fixed flat fee; however the amount is not arrived at until after the deal is completed — which could be sticky and lead to unpleasant surprises. If you're ever offered a reasonable-fee deal, be very cautious!

Percentage: Now we're talking popular! Here's an arrangement most people would enjoy having. Typically, 5 to 10 percent goes to the attorney who negotiates the deal. This is based on whatever you receive, whether it's from an advance payment or from royalties down the road. With this type of arrangement, you get all the professional advice you need when you need it, and if there's no deal, there's no pay except for expenses — it's kind of like profit sharing with this type of arrangement. The attorney will be highly motivated to keep working with you when he sees big bucks added to his bank account.

The important thing is to establish a fee arrangement that you feel comfortable with before any work begins. Think about it — surprises are much more fun at birthday parties!

After completing your interviews, asking your questions, and checking up on references, it's time to decide. Look at your notes and organize them into a pros-and-cons list for each attorney. Why would this attorney be good for you? What are his strengths and weaknesses? Take a look at your lists and see which attorney best fits your needs. Perhaps it may be wise at this point to whittle down your choices to just two or three attorneys, and then take some time to digest each of their answers and reflect on their personalities and contacts before making a final decision. With all of this in mind, go ahead and try to make a choice.


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