Blog Layout

Rocco E. Cozza • Nov 20, 2019

The dream of becoming a famous musician, actor/actress, or entertainer is enticing. Signing deals, building a fan base, and raking in the dough is the dream of many aspiring creatives.  However, one of the last things these people dream of is hiring an entertainment lawyer.

Agents, managers, and assistants make the industry glamorous.  “Talk to my agent.”  “Call my manager.”  Having these people makes one feel like they have made it.  The sad part is that most creatives sign agreements with agents and managers before ever speaking to an entertainment lawyer.  In the words of Julia Roberts in Pretty Woman, “Big mistake.  Big! Huge!”

As an entertainer, you are your business.  Once you understand this simple concept, the need for a skilled entertainment lawyer becomes clear.  Every contract you sign with an agent or manager dictates how that relationship is going to work.  Some of these agreements can be complex, especially when covering how the agent/manager will be paid.  If you don’t understand how these provisions are written or what certain terms mean, you may potentially give away more than you bargain far.  This shows the importance of hiring an entertainment lawyer before anyone else.

Let’s explore the many advantages of having the right entertainment lawyer on your team.

Solid Business Foundation

The entertainment industry can be cutthroat and brutal.  You will see contracts come your way that can be very one-sided.  You will face risks and liabilities you can’t even imagine at this stage.  Trying to navigate this world without trusted counsel can be a risky decision, one you may not recover from.

The right entertainment lawyer will review your contracts and make sure your interests are protected.  They will help you establish various business entities to manage risk and taxes.  They will advise you on insurance coverage to obtain and many other things.  A skilled entertainment lawyer will provide guidance, counsel, and mentorship throughout your career.

Navigating Intellectual Property

As an entertainer, intellectual property should be on your radar from day one.  Music, artwork, designs, writings, films, photos, and literary works are just a few types of intellectual property you may have the need to protect.

A good  entertainment lawyer  can help you navigate the complex world of intellectual property and avoid exploitation and theft of your ideas.  In the creative arts, intellectual property is at the heart of your business, which is why it is critical to protect it.  The two most common types of intellectual property law you and your lawyer will deal with are:  copyright law and trademark law.

Copyright Law

Copyright Law applies to fine arts, publishing, entertainment, and music and film. When you create an original work in one of these areas, you have rights in the work the moment it is created.  However, the law contains nuances that a skilled entertainment lawyer will help you understand and navigate so that you are protected from another person or business copying, presenting, or displaying your work without permission.

Trademark Law

Names, logos, and slogans are protected by trademark law.  As an individual or a business entity, you can apply for a federal or state trademark on a name, phrase, logo or design to make sure no other person or business copies it or uses it without permission.  Big businesses spend millions of dollars a year protecting their brand because the brand has value.  As you grow in the industry, your lawyer will guide you on doing the same.  Whether that be filing copyrights for your songs or registering your logo with the U.S. Patent and Trademark Office, your lawyer will know best.

Taxation and Representation

People and legal entities are all taxed differently. The amount of revenue you earn each year should help determine whether it makes sense to choose an entity, and if so, which entity to choose.  You must select the right structure from the beginning because building a career on a shaky foundation is a recipe for disaster.

A good entertainment lawyer will work with your CPA, manager, and agent to ensure you’re set up in the most tax advantageous way.  An attorney with industry experience will help simplify the process for everyone involved.

The Best Lawyer for Entertainers

Finding a skilled entertainment lawyer won’t be a walk in the park. Given the long-term impact of the work of an attorney can provide you, you should take your time choosing the right professional.  When speaking with various attorneys, ask about their industry experience, their fee structure, the access you will have to them and to speak to some of their current clients.  This will give you a good handle on the type of attorney you are dealing with.

In the end, not all entertainment lawyers are created equal.  Look for one that puts your interests ahead of their own and is willing to help you grow in your career.  Trust your gut and choose wisely.

 

Cozza Law Group Business Law Blog

By Rocco Cozza 15 Apr, 2024
Legal Insight: Top 5 Legal FAQs for New Business Owners 
By Emma Howard 21 Feb, 2024
Navigating Trademark Office Actions: A Guide to Common Challenges 
More Posts
Share by: