When do you need an entertainment lawyer?

Great question. Here are some answers, but certainly not a complete list.

If you’re in the music industry and need to know more about music licensing, or anything, you should call an entertainment attorney. You might need to deal with synchronization licenses. Or royalty distribution. Or more.

You might want to make sure you understand and take advantage of copyright protections. This pertains to almost every aspect of the entertainment industry. By the way, you hear a lot about fair use, but in reality you probably have no idea what it really means. Not knowing is what gets people in trouble, and trouble can be expensive. Much more expensive than legal fees.

I often get contacted by writers and other professionals when they’re handed a contract and are standing on the precipice of a project. It can involve a small group of newcomers, or a giant multi-national corporation. While that is certainly better than contacting me AFTER you sign documents (please, please, please don’t sign things without a lawyer reviewing them), it’s even better to include the attorney early in your process or career so you can enter the process already educated as to pitfalls. You may even be able to create some language to incorporate into another party’s agreement. Not only can it protect your rights, but it shows you’re educated, serious, and not wasting anyone’s time.

Entertainment lawyers often serve as agents or managers for artists, helping them navigate their careers, make strategic decisions, and negotiate deals with industry professionals. It’s important to note that agents should not get paid unless the artist does. And the laws involving theatrical agents are complicated. The unions are involved in determining who is actually allowed to be an agent, there are lots of laws on the books about it and I am not covering that here. But the area of literary agents does not have the same rules or safeguards. In any event, Attorneys can get paid regardless of whether your work sells, depending on the arrangement.

Recently I’ve seen more streaming agreements. While we all know the large companies, there are numerous smaller ones that are looking to make deals with talent. They need content. Before you lose complete control of your project, make sure an entertainment attorney reviews the papers.

I have a lot of respect for your uncle the real estate lawyer, or your sister the personal injury attorney, but they do not understand certain terms of art or cultural touchstones specific to the entertainment industry. You and your work deserve the real deal. You wouldn’t get your appendix removed by a veterinarian. I hope.

Remember, experience and location can affect an attorney’s fees. A New York City attorney is more likely to have experience in this field than one in Des Moines or Broken Arrow. Also, some attorneys like me offer flat fees rather than hourly fees with retainers. Your relationship with your attorney is up to you. You may want someone for one particular event, or you may want to create a career-long relationship. But make sure that whatever you choose, you do it sooner than later. You don’t want to end up wishing you had an attorney after the fact.