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We live in a litigious society. While many bemoan this fact, and certainly there is some justification to the complaints that lawyers have taken certain issues to the extreme. However, it’s really the rule of law that really defines our country, and has a massive impact on the music business. While there is no easy resolution to the current disputes around copyright, we at least have a foundation for the debate because of the rule of law, and because of the continued evolution that lawyers working under our common law system have provided. Essentially, our legal system provides a balance. For every RIAA lawyer who strives to maintain the status quo, we have a Lawrence Lessig who strives to allow copyright to evolve by adhering to the principles articulated by our founding fathers.
As a musician while you must determine your stance with regards to copyright, you must first understand what it is and how it relates to you. Lawyers should be advising you with this process. Of course the law is about much more than just copyright, and lawyers do far more than just advise about copyrights. A good lawyer will not only offer guidance, but will also provide connections and opportunities for your career.
This editor’s guide will introduce you to the resources we have on the AHM site in order to help you determine how to integrate lawyers into your overall strategy.
To get started I’d recommend viewing an overview video from the Dean of entertainment lawyers, Don Passman. Mr. Passman is one of America’s foremost entertainment lawyers and author of All You Need to Know About the Music Business, widely considered to be the single most essential and influential book ever written about how the music industry works. Passman has negotiated some of the most lucrative deals in history for artists such as Janet Jackson and R.E.M. check it out here:
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From there you can dig a little deeper and get into more specific topics. For instance, one of the first questions you should ask yourself is, at the current stage in your career, if you need a lawyer. This video interview with Barry Menes who was president and founding partner of the entertainment-law firm Menes Law Corp. provides some excellent guidance n this topic:
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As does this video interview with J. Martin Lett, who is a partner with the Atlanta firm Allister/Lett, LLP. Lett specializes in entertainment law, and represents labels as well as producers like Jermaine Dupri, further addresses this issue:
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Another basic issue that artists contend with is whether or not they need a lawyer or a manager, and—frankly—what the difference is. This brief article addresses these issues:
http://www.artistshousemusic.org/articles/how+lawyers+differ+from+manage... [1]
Once you’ve determined that you’re ready for a lawyer, you may be wondering how you find one of these lawyers, and how they get paid. These articles will give you the information you need to know:
http://www.artistshousemusic.org/articles/finding+the+right+lawyer [2]
http://www.artistshousemusic.org/articles/how+lawyers+get+paid [3]
The above should get you started on discovering the abundance of information on the AHM site with respect to how to integrate a lawyer into your strategic thinking. Don’t stop here! For instance, you also may want to get into more specific legal issues. Here’s a great video interview that addresses an issue of increasing importance to all artists: Music Licensing:
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Lastly, if as you’re working through this material, you find yourself thinking that you might be interested in the law as a profession, check out information on how to become a lawyer; we need more lawyers who are passionate about music.
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