Music Row Lawyer (C. Stephen Weaver)

My Entertainment Law Career Gratitude List

As a part of my morning pages I always do a short gratitude list.  I find it a good way to start the day.  Today’s list was primarily about my career so I thought I would share it with my readers.  Here’s the list.

1.  I am doing exactly what I wanted to do and am getting paid for it.  When I was in college I would share with my band mates that my ultimate goal was to be a hippie musician entertainment lawyer.  Ok so I am not a hippie (never was really) and much less of a musician than I was then.  But I am an entertainment lawyer which was my goal when I entered law school.  My school had no courses in entertainment law or even copyright until I petitioned for it.  I have been lucky – blessed is a better choice of words – to have achieved the goal, including beginning my career with one of the eminent entertainment attorneys in the U.S. – Joel Katz.

2.  I am able to help others in my career.  I have never been solely motivated by money although I do expect to be paid for my skills and experience.  My soul would not be at peace unless my work was in someway helpful to others – and I believe that what I do is.

3.  I can keep doing what I do as long as I have a clear head.  Now that I am in my early 60s my law practice is not slowing down.  In fact it is growing.  I am grateful that I can keep doing this as long as I have sharp mental capacity.

4.  Technology has enhanced my practice.  While technology has closed doors to some, in my case it has enabled me to be more productive in my career.  I not only can work faster I am able to offer my services at reasonable rates.

It is the nature of the holiday season that most in America give some thought to what they are grateful for.  With that in mind, I have one parting thought.  Gratitude should go forward.  By that I mean, if I am grateful for someone or some thing I should show that in some way by sharing with others.

Happy Thanksgiving!

Two Do's and 2 Don'ts - Tips for the New Business

Recently my stepdaughter decided to leave her job at one of the major labels and become an independent designer.  Her primary expertise is album artwork.  Katie is a “creative” and has no business experience.  I shared with her a few tips about being an independent business person.  After doing this it occurred to me that many of my readers also might find this information useful.  While my “tips” are based on years of experience as a solo entertainment lawyer, they are common to most service businesses with which I am familiar.  Here we go:

1.         Do Get a Deposit.  Many artists and other creatives are very trusting – I know I am.  I have learned the hard way with new clients to either get the entire amount in advance or, at a minimum, a deposit before I begin working.  Believe it or not, there are people who will hire you, accept the fruits of your labor, and then never pay you.  If you get a 50% deposit up front at least you will have been paid something if you never get paid the balance.  Make it clear that this is non-refundable if you complete the work.  Doing this also helps the cash-flow.  However, be forewarned that if you end up with an unhappy client you might find yourself refunding the deposit.

2.         Don’t Say “No” to New Work Just Because You are Busy.  I frequently turn down new clients for various legitimate reasons such as I am not the right attorney for the job or perhaps simply because I determine that they are not the kind of client that I want to represent.  However, I do not turn down work because I am busy.  I do however let the client know a realistic time frame on when the work will be completed.  Then I let the client decide if they want to hire me.

3.         Do Have a Written Engagement Agreement.  Always have a written agreement with your client.  This isn’t surprising coming from a lawyer.  A written agreement serves a lot of purposes.  It puts in writing precisely what is expected of the person being hired and what is expected of the person doing the hiring.  If you are relying solely on an oral agreement you might unfortunately find out that as time passes people’s recollections of what was agreed to tend to get blurred.  If it is in writing and signed it is difficult for your client to claim that you said you would perform certain services when you don't recall having said that – or at least that is not what you meant.  People can have genuine misunderstandings about what is being said on the front end.  A written agreement helps clarify the important details.

4.         Don’t Forget About the IRS.  You no longer have an employer taking withholding tax and social security payments out of your paycheck.  It is all up to you now to set aside enough to pay your taxes come April 15^th.  I am not a tax attorney or an accountant so I will not suggest how much you should pay and how often.  I will leave that for a discussion I recommend you have with an accountant.

Of course the above list is not all inclusive.  But it is a good start.  If you are a self-employed artist, songwriter, publisher other business person, then see how the above might apply to your business.  If you have other tips you would like to share then please do so in the comment section.

TUNECORE COMPETES WITH ASCAP, BMI AND SESAC ONLINE

 TuneCore has now formed a Songwriter Publishing Administration Services which it claims will by-pass traditional Performing Rights Societies (PROs) and speed payment to writers and artists.  All this for a $49.99 set up fee plus 10% of the funds collected.  Actually, the TuneCore website says that the $49.99 is a “special limited time offer.”  I guess that means after the “limited time” the set up fee will increase.  At the present time you must be a TuneCore distribution client to sign up for the new service.  But TuneCore says plans are to make the service available to any songwriter.

According to this article at hypebot.com Tunecore's new Service will (a) globally register copyrights, (b) collect money that is due, (c) protect and police the copyrights and (d) issue licenses.

Although it is not absolutely clear at the TuneCore website, it is my understanding that the new service is not intended to replace ASCAP, BMI and SESAC in the area of collection of performance fees from traditional radio, live performance venues, juke boxes, etc.  TuneCore will be operating in collection from the online world, significantly, from digital streaming of music.  This from the TuneCore website:  “We are not replacing ASCAP, BMI, SESAC for collecting money from jukeboxes, radio, venues, etc. But we are going to step in where there is a lack of efficiency and effort to get songwriters paid. Artists can be members of ASCAP/BMI/SESAC and have TuneCore perform its service as well.”  (Ahem . . . "Artists" may not join ASCAP/BMI/SESAC unless those artists are also songwriters or publishers.)

I am curious about how this will work in lieu of the traditional PROs membership agreements.  For example, can you pick and choose what markets BMI will collect from and exclude others?  Maybe.  If any reader knows the legal contractual answer please let me know in the comments section.  In the meantime, I will look for the answer myself.