Hiring an Entertainment Attorney
Here are some things to think about when you are hiring an attorney to handle an entertainment related matter for you.
Are you looking for a “finder” or a “grinder”?
The first thing to ask yourself is what kind of entertainment attorney you need. Are you looking for someone who can help you find a way to make money from something you have created? If so, then what you are really looking for is a deal maker, someone who is well connected in the industry and can try to get the right people to consider what you have to offer. If, on the other hand, you already have an offer in your hand, or a deal waiting to be signed, and you need to make sure that your rights are being protected, then you do not necessarily need a high powered deal maker to represent you. Instead, you should be looking for an entertainment lawyer who is expert at drafting an agreement that protects you (or reviewing an agreement that has been given to you) and giving you advice about what it says and how to improve it. Yes, there are entertainment attorneys who are good at both, but usually you will find that an entertainment attorney is focused on one or the other most of the time. Keep in mind that if the only thing you are looking for is someone who is willing to open a few doors for you, then you might be able to accomplish that by hiring a personal manager or an agent. You might not yet need an attorney.
Does your attorney have a conflict of interest?
It’s a small world, and all the more so when it comes to the entertainment business and the lawyers who facilitate it. If you are an aspiring artist who has created a promising concept and you have been approached by an entertainment company offering you a chance to make money off of your creation, ask the attorney who is auditioning to represent you whether he or she currently represents that company or has ever in the past represented that company. Ask if he or she sits on the board of directors of that company. Ask if he or she represents any other artist who has a deal with that company. Ask if he or she represents any other artist whose manager or agent or accountant represents that company. If the answer to any of these questions is yes, then consider both the benefits and the detriments of the multiple relationships that govern your prospective attorney’s decision making process. On the one hand, if the answer is yes, then you have an attorney who knows the other side well, and may have more negotiating power for you precisely because of those pre-existing relationships. On the other hand, if the answer is yes, then you have an attorney who may find it difficult to always make decisions that are purely in your best interest because maybe if that attorney pushes too hard for you, then the relationship that the attorney enjoys with that company in other areas (other clients, clients in common with other managers or agents) will suffer and therefore the attorney might think twice before going out on a limb for you.
How is your attorney being paid?
Entertainment attorneys often ask for a piece of the action as part of their compensation package. If an attorney is working for you on a “percentage of the deal” basis, then it would be a good idea for you to have a signed engagement letter with that attorney spelling out exactly how the percentage is defined. The letter should be very clear as to what specific income streams are eligible for payment to the attorney and for how long. Does your attorney get a piece of what you get paid when your deal is signed? Or perhaps if you are in a position to earn royalties or other fees down the road your attorney wants a piece of that as well? It should also be clear what happens if there is a falling out between you and your attorney. You don’t want to have to pay your old attorney and your new attorney on the same deal if you can avoid it. Also, be clear as to how your attorney is going to be paid. The attorney is going to want to be paid directly by anyone who is paying you for your work, meaning that when your attorney drafts the contract for you with the other side, the attorney is likely to stick a paragraph in there where you direct the other side to pay your attorney directly. If that is not what you want, then make sure you carefully read the agreements being drafted by your attorney.
Whether you determine you need an attorney or not, negotiating entertainment-related contracts should be handled by only experience entertainment lawyers who know the industry and know how to best protect your interests.
If you have any questions about the issues in this article or want to speak to an experienced entertainment lawyer, we encourage you to contact the author.
Tuvyah (Terry) Aronoff chairs the Corporate Practice Group at Schwell Wimpfheimer & Associates and specializes in Entertainment law. He has, on behalf of content owners, negotiated deals with Amazon.com, Sony, Barnes & Noble, Google, Nokia, Samsung, and digital developers including WOWIO, Sweet Caesar, BlueSkyNorth Ltd. and others. He can be reached at taronoff@swalegal.com, 646 328 0781 or by visiting www.swalegal.com.
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Filed Under: Entertainment , Publications
