Music Lawyer

by editor on December 8, 2011

Music lawyer can also be termed as entertainment lawyer. He is the one who represents various professionals within the music industry. Negotiating, drafting and approving contracts for the clients are the major activities in their job responsibilities. They also guide their clients in managing several legal matters that may pop up in their music career from the humdrum, like claiming for a copyright to purchasing property and even some more complex cases like being involved in a criminal case. In the last case, a music lawyer may usually recommend a criminal lawyer but will also be a major part in the case preparations.

Various Working Styles of Music Lawyers

Music Lawyers have their own style of working in the music industry. Some prefer hang out and pretend as if they are the part of a band, while others work more discreetly. There are some agents and power brokers out there, who are good in negotiation of deals but not as good as the lawyers. Other than just negotiation, there are some more activities that a lawyer is expected to perform on behalf of their client. So, be careful while choosing an attorney. Lawyers can cater as managers or agents simultaneously during their practice of law. In the music business, attorneys have to deal with the agreements for their clients associated with the recording for their clients; they also need to assist the client in managing the issues with strategies.

Unlike agents, attorneys need not too often appear for their clients. Thus, attorneys, usually tend to perform like manager than agents. They have to keep track of each and every transaction of their client. Personal management of the attorney requires regular and detailed attention to the logistics and personal affairs of the client. Because a well experienced music attorney may know the business strategies better than an inexpert manager. Creating proactive relationship with client may help the lawyer to facilitate relationship, give advices, recommendations and create opportunities. In this way, the lawyer works as part of the team. In some instances, the management and artist, both invite the lawyer to get engaged in their duties which are usually the privilege of artist management. This indicates better involvement with the client’s daily issues and representation on a contingent fee in addition to general legal counseling. By restraining the work an attorney can plan to work with some other legal clients and become a in0house lawyer or company general counsel.

Specialization of Music Attorneys

  • Music lawyers are well knowledgeable about the various record labels related to the music industry.
  • They have the authority to negotiate and draft live performance contracts and record labels on behalf of their client (music artist).
  • They can work with producers, agents, managers, record labels, studios, promoters, session musicians and songwriters and can draft certain legal contracts allied with music placement, distribution, publishing and security.
  • Music lawyers stand for their client in the court when handling issues of copyrights and intellectual property rights breaching.

Types of Music Attorneys

Music lawyers are typically categorized into two types:

  1. Litigators (Courtroom lawyers)
  2. Transactional lawyers (courtroom lawyers)

Litigators

This type of lawyer comes into picture when the client wants to sue someone or get sued by some other party. Majority of the litigators deals with the contract disputes and copyright violation court cases.

Transactional Lawyers

They work in contrast to the litigators, since their key duty is to set up the issues in order to avoid disputes.  A precisely drafted agreement among parties will protect the client from being sued and thus avoid the courtroom.

What are the Requirements to Become a Music Attorney?

To become a music attorney, one needs to hold a bachelor’s degree in law. Pre-law students may prefer to get into an undergraduate course which includes public speaking, history, English, philosophy and economics. Some may prefer to get enrolled into a music business course. After accomplishing law school, graduates receive their J.D. degree (juris doctor). After receiving the graduate degree, the lawyer needs to become licensed. For this, they have to appear for an additional test. In most states, a Multistate Bar Examination (MBE) is administered. Additional test regulated by most of the states include the Multistate Professional Responsibility Examination (MPRE), the Multistate Performance Test and the Multistate Essay Examination (MEE).

It can be said that the profession of Music Lawyer is bound with variety of tasks. They have to deal with all types of different people involved in the music industry.

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