Greene & Taylor, LLC
2921 Lemay Ferry Rd
St. Louis, MO 63125
Jennifer@greenetaylorlaw.com
GMtaylor@greenetaylorlaw.com
Phone (314) 894-7900
Fax (314) 894-2156
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Frequently Asked Entertainment Law Questions
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What does an entertainment lawyer do?
How do I know when it makes sense to hire an entertianment lawyer?
Does my band need a contract to play live shows?
Should my Band have an internal Band Contract?
Will my entertainment attorney shop music for me or find me gigs?
How important is researching my potential band name?
How do I find an entertainment lawyer with who has all the right connections?
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What does an entertainment lawyer do?
To different people an entertainment lawyer can be different things. Some entertainment lawyers strictly practice entertainment law, and others choose to take on more managerial roles and actually manage the talent. But being an entertainment lawyer can include practicing in the following areas of law:
- Business formation and operation (LLC's, C Corps, S Corps, Partnerships, etc.)
- Copyright, trademark and other intellectual property protection
- negotiating contracts and financing
- business and networking advice and strategy development
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How do I know when it makes sense to hire an entertainment lawyer?
You have formed a band and are starting to get a few local gigs. When you got your first gig you were probably so stoked that someone asked you to perform you didn't care what you got paid or if you made any money at all. That may be fine in the beginning, but at some point you will start building a following and drawing crowds. That newly added value will give you some pull in negotiating the terms of your contract and that is where a lawyer fits in.
Or what if you are serious about being a well known band and may want to travel someday? Do you know if your band name is protected? An attorney can help you protect the name, which is your hard earned reputation as a band. The last thing you want to do is build your band brand just to find out that someone else has rights to that name.
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Does my band need a contract to play live shows?
It is not a requirement but it is the only way to really protect yourself so why would you ever perform without one? Always use one even if the contract is as simple as "Awesome Band will perform at Bob's Bar on July 15th at 9pm for 3 hours and Bob's Bar will pay Awesome Band $100." If a band representative and venue representative both sign, it is a legally binding contract and it gives assurance that neither party will be able to drop the ball without recourse. This is why you should also carefully scrutinize every contract you receive.
If you find a venue that refuses to deal with a contract, think hard about if you are okay with that. What will happen if you perform but they don't pay? What happens if one of your band members gets sick and you can't perform? Will you be liable? Optimally you should always have a contract that addresses these issues and have an attorney either draft the contract or review it with you.
The terms of a basic performance contract should cover the parties involved, the date, time and place of the performance, how much money you are to be paid, how much time you will be on stage, how many breaks you get, how long each break will be, if you have to play any specific songs and if you are required to bring your own sound system.
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Should my Band have an internal Band Contract?
Yes, and it should be one of the first things you should do shortly after establishing that you want to be a band. Think of your band like a marriage. In the beginning of the band relationship everyone has the same ideas and dreams. That is why, after all, you decided that you could be a band together. After spending countless hours together rehearsing, finding gigs, performing, and taking care of business you will realize being in a band is the same as being in a long term relationship. And just as anyone who spends countless hours together, band members too must figure out a way to deal with each other in constant close quarters.
It is only natural to have disagreements about what music to play, where to play it and what direction you should be heading in. If you work out an agreement as to how decisions should be made, how rehearsals should run, who will be responsible for what and how profits should be split, it makes for a smoother ride. You can then always refer to your band contract to settle disputes and remind other band members that this is what was agreed to by everyone.
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Will my entertainment attorney shop music for me or find me gigs?
It is not the job of your entertainment lawyer to shop music for your or find gigs. That is what your band manager, promoter or agent are for. Having said that, some lawyers do also act as band manager, and will perform those services, but they are usually then making a manager’s fee. And some other lawyers will submit music from time to time as a courtesy and to show that they believe in their clients’ musical abilities. But this is usually only when an opportunity presents itself. It is not the job of your lawyer to seek out opportunities to promote your band. It is their job to protect your band.
But personally, I am always networking so you can probably count on me for some free chatter. I have no problems plugging the bands I represent, but I just want to make it clear that is it not what you hire an entertainment lawyer for. But when I’m really enthusiastic about my client’s music I do enjoy doing it whenever I can.
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How important is researching my potential band name?
For a band, your name is your brand. When you are in the early stages of determining your band name, it is crucial to do your research before making a final decision. You will not have any rights to a name that is the same name or substantially similar name that is already being used by another musical band in the same geographical area as you. This means that if you begin your career in St. Louis but have plans to tour the country, when you promote yourself in L.A. you may not have rights to your band name there if there is already a band there with your name. The risk of being prevented from using your name after spending lots of money and time to develop it as your brand is too great. If you are serious about your career and have a long-term plan, that plan must include thorough consideration on the selection of your artist or band name and consideration of then obtaining a trademark on that name.< br />
Filing a trademark is the most important step you can take in securing your rights to use your chosen band name. You will also want to make sure that the name does not have prior other common law uses. Your entertainment lawyer will be able to help you protect yourself as best as possible. To put it into perspective, if you do not choose your band name carefully and wisely and you choose a name that you do not have full rights to, when you plan a national tour or a record label wants to promote you on a national scale, you will be forced to either change your name (and thus, having to start over in developing your brand) or buying out the rights to use your name (which can be extremely expensive).
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How do I find an entertainment lawyer with who has all the right connections?
Easy. Find out who represents Garth Brooks, Whitney Houston, and Aerosmith and you’re in! Or is it that easy? The hard part is not finding those attorneys, its gaining their representation and being able to afford them that is very difficult. Most of those attorneys handle one or two big named talents full-time, which means that you don’t fit anywhere in their schedule. And you could also move to New York City, Los Angeles or Atlanta, but be prepared to pay big bucks.
The reality is that in the early stages of your career neither option is feasible and can even break you before you begin. And in the beginning it is not necessary because you have to grow your following first and gain some on-stage experience to attract the interest of a large label or large venue, so what are you paying all that money for if you can’t use those connections anyway? Think about it, if you are having trouble getting a meeting with the most sought after entertainment attorney, what makes you think that he will have time for you if he finally accepts you as a client? And if the opportunity arises where he can plug a couple names, how do you know he will plug yours and not one of the other 50 bands he represents?
So instead consider this: Find an attorney who is competent, hard working, easy to get along with, enthusiastic about your music and who is really willing to be a part of the whole experience with you. This is the attorney who will be your best advocate and will be more able to see your vision, which are both very important when it comes time to getting what you need out of your entertainment contracts. And if you have an attorney that is easily liked and pleasant to work with, this will increase your chances for being invited back to a particular venue, which will help you grow your following, and so on.
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