Talk with Entertainment Lawyer, Jeff L. Michelman

Most unsigned artists disregard legal counseling when starting out in the music industry. They are driven by the desire to make and produce their music and get it heard when their work is completed. To bypass all of the legal trouble of who gets what percentage of your pie and "who owns what", it is important to seek legal counseling first. I spoke with Jeffrey L. Michelman, entertainment lawyer of Paule, Camazine, & Blumenthal, P.C., of St. Louis, Missouri.

He represents artists in the music industry and entertainment companies; and has experience with intellectual property cases. Entertainment companies first come up with their contracts, and then seek legal counseling for their document. The entertainment company later presents the artist with the contract. Jeff represents artists for as long as they do business and remain active within the music industry and he is hired on a case-by-case basis to handle business for entertainment companies. The most common problem brought to his attention by artists and companies dealt copyright issues. "Who owns what?" Jeff makes sure the artist(s) have the rights to sell their music to labels, and ensure that record labels have acquired all needed rights when music is sold.

The most troubling trial for artists occurs when they "work for a number of producers and they do not document everything or anything at all." It is hard to prove whether the beat was leased, what percentage the producer receives, and to determine the rights to the music. It is very important to seek legal counseling in the entertainment business because "the industry takes advantage of new artists viciously." Contracts are drowned with terminology and concepts that are difficult to understand. "Even a non-entertainment lawyer, or non-lawyer has difficulty interpreting and understanding contractual agreements." So, as a piece of valuable advice, before you put extensive time and money in a project, make sure you know all of your rights and if you have any. Before you purchase a beat from a producer, seek legal counseling and get it documented. It is "absolutely" important to have written documentation for this type of transaction. That is why it is very crucial to get your lawyer early, because everything needs to be in written documentation. Each party needs to know who has the right to the beat, the right to sell the beat, how long the beat is available to use, and what percentage cut is allotted if necessary.

I give a special thanks to Jeffrey L. Michelman for his professional insight in this matter and educating artists how to handle business within the music industry. You can reach Jeff Michelman at http://entertainerlaw.com and http://www.pcblawfirm.com/Attorneys/Jeffrey-L-Michelman.shtml.
J.L. Michelman.(personal communication, May 24, 2011).