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ENTERTAINMENT LAW QUESTIONSCONTRACT LAW QUESTIONSMUSIC LAW QUESTIONSCOPYRIGHT LAW QUESTIONSREAL ESTATE LAW QUESTIONSWILL & TRUSTS LAW QUESTIONSPROBATE LAW QUESTIONSCONTACT US NOW!ARTICLE: MUSIC BUSINESS MAKING IT AND SUCCEEDING AS A MUSICIAN, ENTERTAINER AND PERFORMERAn interview with Grace DivineAs a singer, songwriter, pianist, composer and lawyer, Grace Divine is immersed in the issues facing today's music artists. Over the course of her long career in entertainment law, she has developed deep expertise in addressing how artists — and those who manage, produce, and publish them — can succeed in an era when new technologies and laws are dramatically changing the entertainment landscape. Since high school, Grace Divine has performed as singer and songwriter in festivals and television. Following are brief responses to some of the most commonly asked questions Grace Divine receives from aspiring artists and clients. Q: Why does a musician or songwriter need an entertainment attorney? A: Most musicians and songwriters usually need help early in their careers in several areas: 1) Protecting their creative works. 2) Defining and formalizing their business relationships with fellow musicians, songwriters, managers, agents, music publishers, record companies, and film and TV companies. 3) Making contacts within the industry. Experienced entertainment attorneys can provide valuable assistance in all these areas. Q: What's the difference between a personal manager, an agent, and an attorney, and is there any crossover of roles? Also, please discuss their fee structures. A: In the entertainment business, a personal manager is responsible for coordinating the overall career of her artist client. The agent is responsible only for procuring employment. The entertainment attorney is responsible for negotiating and documenting the various contracts that the artist client may enter into, as well as enforcing those contracts, if necessary. The "catch 22" for new artists is that it is very difficult to find well-connected managers and agents to take them on as clients. Entertainment attorneys, through their relationships, can often fill that void, providing a conduit for the artist and bringing talent to the attention of managers, agents, record companies and film companies. Managers and Agents typically charge on a percentage basis. Attorneys typically charge on an hourly basis, a percentage basis or some combination of the two, depending on the type of services provided and the needs of the client. Q: I've approached record labels and publishers repeatedly, but I can't get my work noticed at all. Any advice? A: Most record companies and publishing companies have a policy of not accepting and reviewing what they term "unsolicited material," i.e., music or literary works not submitted by a manager, agent or attorney with whom they are familiar. You will most likely need at least one industry professional from one of these categories on your team. Q: With the advent of digital recording, entertainment law must be undergoing dramatic change. What are the biggest issues your clients face? A: As with all products, entertainment or otherwise, finding effective distribution is often the stumbling block. Music companies are trying to adjust to the new technology and changing listening habits of the music-buying public, and that is altering the manner in which recorded music is being distributed and enjoyed. Downloading is increasing. CD sales are diminishing. The challenge to companies and artists alike is to adjust to the new business models and create new ones themselves. Q: What inspired you to become an entertainment lawyer? A: Besides being a musician and entertainer, I am also a writer. A carreer in law requires alot of writing of contracts and negotiating deals. I enjoy doing this very much. To learn more about entertainment law or to submit a question, you are invited to contact Grace Divine. |
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