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/ Finding a Legitimate Music Lawyer, Pt. 2

Finding a Legitimate Music Lawyer, Pt. 2

Deal shopping occurs when a lawyer or attorney approaches a record company and/or and music publisher in attempts to get a record or publishing deal for the artist they represent.

The tricky thing is that it can occasionally be seen as sketchy or odd for a lawyer to promote an unsigned artist directly to a record label. Some labels do not care for this as they assume that, due to their status, they would already be aware of any sensational on-the-rise artists.


So, why might you want to seek out a lawyer who engages in deal shopping? Any legal professional who successfully engages in deal shopping is likely to have a good deal of experience. As the client, you can ask to see proof of past deals and get a sense of the level at which the lawyer is working. What sort of access do they have to various labels, artists, and other industry individuals through their experience and networking? These connections create opportunities for a sort of ‘professional vouching’ as a recommendation to a label from a well-known layer may be taken more seriously, giving you a higher chance of being brought in.


In any case, be sure to clarify compensation with your lawyer as commission only (a percentage of what you would earn from any legal deal) so that you do not have to front the cost. If your lawyer is resistant to commission-based payment, it may be a sign that he or she does not envision their “shopping efforts” being very successful and that you should consider an alternative legal partner.


So now, how can we narrow our search even further? Let's get into actual lawyer acquisition methods.

Firms: Small vs. Big

If you are in need of a law firm (a group of several lawyers that deals with projects that are too big or complex for a single lawyer to handle) we suggest you check both scenarios.


  1. Small Firm: A small firm has a few lawyers and small work force, allowing them to have a more personal relationship with you. They may not have all the answers to your questions at a moment's notice, but they will help you figure out the best outcome according to your need and take care of you as a client. They also operate at lower hourly rates so they will not cost as much as a large firm.

  1. Large Firm: Large firms typically have experience and expertise in spades. They are responsible for handling complex tax issues and any problems you may have with your music or merchandise. Working with a large firm tends to be stricter and more regulated as you are processed like any other client according to their regulations.

It is unlikely that you will require a large law firm at the start of your career unless you are already a viral star with a very large fan base. Even so, both types of firms are equipped to handle artists and it is more a matter of what you feel will suit you and your business needs best.

Other articles:

Translate Your Music Skills To Make Make Money With These Creative Strategies

 

Music teacher

Music is a universal language understood by everyone worldwide. However, musicians and others specialized within the music industry possess a unique set of skills, translating to multiple jobs. For example, some music experts know how to play an instrument, sing, work with audio and sound, or even video. All of these music skills can convert to paying gigs in various ways. 

So, how would you translate your music skills into something more? And perhaps the more significant question - how can you make money with your skills? 

If you’re bold enough, trying any of these ways or creating your own strategy or spin-off of one of these positions can be a very lucrative way to bring in income utilizing your music expertise. Besides being a musician, music offers many different avenues to increase your cash flow, maybe even substantially.

CREATE MUSIC COURSES OR WORKSHOPS

Chances are your skills in music are specialized. Maybe you know how to write songs or lyrics or the ins and outs of mixing audio recordings. Whatever your specialty is, you can develop your own lesson surrounding that subject and package it into a course or workshop for people to purchase.

The great thing about doing it this way is that all the work is done upfront. Once you have completed doing the research and planning out the curriculum, you can either make videos or step-by-step visuals for people to walk through. You have the opportunity to be as creative as you would like and provide as much in-depth information and knowledge on the subject that will help bring your customers more value. Studying other music artists that offer these types of services can help get you started.

You can launch the course for an introductory price of your choosing for a limited time and then raise the cost depending on the popularity of your offer. As things progress and update across the music industry, you can also go back in and add other areas, lessons, or updates to your course or workshop. In some cases, you can take things a step further and offer live, interactive workshops centered around a shared goal that can either correlate or work alongside your course. 

While it seems like a lot of work (and it is), you can take pride in your finished product. You can also relax because once it’s completed, all you have to do is sit back and allow customers to purchase. This is what is known to many as passive income because you can generate profit from having it available for months or even years as long as it is relevant.

TEACH MUSIC LESSONS

Perhaps you have skills in singing, or you know how to play the piano. You can easily convert these skills and teach others easy piano songs or vocal fundamentals. Teaching others to share in the love of music by learning an instrument or working with their voice is a fantastic method of using your music skills and earning income at the same time.

Alex W., a piano teacher from Music To Your Home, says that he has genuinely enjoyed the rewards of teaching others musical skills while continuing to pursue his own aspirations as a musician. A significant advantage of teaching is that you can be highly flexible and work around your schedule. Independent artists sometimes have difficulty working an “average” job since gigs and rehearsals at odd hours can pose scheduling conflicts. 

CREATE A MUSIC PODCAST

Developing a podcast will be an excellent platform for your music skills if you are into marketing, content, and brand building with your musicianship. While podcasting may not help you earn money right away, the effort you can put into making your content and building your community will go a long way to bringing income in whenever you launch a new product or service that is related to that brand. 

You don’t have to be a successful podcaster to monetize your podcast right away, either. You can begin monetizing once you reach listeners in the 500 range, which can help cover distribution for your podcast and your website costs. Getting a podcast started doesn’t take a lot; you just have to have a clear focus and an ideal audience and provide weekly, valuable content to your audience. The possibilities and ideas are endless, so there is no limit to your creativity with a podcast to translate your music skills.

WRITING ARTICLES FOR MUSIC BLOGS

Maybe your special music skills are more involved in writing and copy. A great way to turn that into substantial income is by writing technical articles for music blogs. Most blogs can pay anywhere from around $25.00 to over $100 per article, which can be a great side hustle. 

You should begin by creating a writing portfolio of samples of articles you can write surrounding trending music topics. Then, pitching through email is a great way to get your foot in the door with businesses, and searching different blogging positions where companies are proactively looking for someone to write blogs for them can help get you going. There are tons of websites with blogs that continue to search for updated content and new writers to help provide a unique and creative perspective. 

If you enjoy writing on your own time, you can also use those skills to create an e-book or website with your own unique blog. Blogs have the power to draw in clients and help earn businesses money. You could develop a specialized e-book, checklist, pamphlet, material, or resource where you can exercise your writing and use it as a vessel to provide value to readers. 

LET YOUR CREATIVITY GUIDE YOU

As an independent musician, artist, or someone with a vested knowledge and skills within music, there are many options to help earn income. Of course, many musicians can easily take to more straightforward means of payment such as licensing their original work (with assistance from a music lawyer), streaming their music on multiple platforms, and performing online or in-person to earn money. However, tapping into the more creative side of your skills helps you to understand that these are not the only ways to use music skills that can help open up so many new doors to opportunities.

Don’t sell yourself short; sometimes musicians find that they instead enjoy doing one or a few of these side hustles over all of the performances and attempts to make it big in the music industry as a solo artist or band. In other instances, you may just want to utilize some of these ideas while you continue to work on your music. 

Either way, all of these options allow you the ability to still build a steller following and fanbase and gain significant popularity by using other means to share your musical knowledge. So, get out of your creative block and find ways to use your music skills in a new, innovative way that can help you earn money!

Author: Melissa Waltz

Music Modernization Act: What You Should Know About It in 2021

 

Most artists are aware that the Music Modernization Act (MMA) was passed by the United States Congress in 2018, but many don’t understand all that the act entails. It has been put in place to help restructure music as we know it now in a more digital economy to ensure that songwriters were appropriately treated and received due royalties.

The MMA works more exclusively with streaming platforms, such as Spotify, Apple Music, and Bandcamp. In addition, the Copyright Office created the Mechanical Licencing Collective (MLC) to collect and distribute royalty payments to the original owners of musical works. 

What is the Music Modernization Act?

Specifically, the MMA is reforming music copyright. It was enacted to make it easier for those who have authorship over their music to receive fairer compensation. The US government implemented this new legislation with the MLC. This allows for not just music artists but recording, sound, and mixing engineers to collect royalties through the Sound Exchange.

There has been a delay in developing copyrights since emerging, and ever-changing technology has created such advancements with music. For that reason, many musical artists struggle to get paid. 

When a music artist goes to license music, the artist also needs to register the music with a Performing Rights Organization or PRO such as ASCAP or BMI. These organizations, like the MLC, advocate for you, the songwriter, and collect royalties on your behalf. The MLC does not take the place of a PRO and will not affect your ability to receive royalties from your registration with one.

How to Ensure Your Proper Royalty Payments with MMA

To make sure that you, as a music artist, get paid correctly and on time with this new legislation, there are some things that you should know:

  • Letter of Direction - If you have credits or are due royalties as a producer, engineer, or artist, you can send a letter to the Sound Exchange, which is a recent non-profit that was created by the government to make payments.

  • Check Your Metadata - All metadata needs to be correctly categorized with all possible for discovery, and include all of the following:

  • - Title of Music Track
    - Artist and Featured Artist(s)
    - Genre
    - Subgenre
    - Publisher
    - Composer
    - Producers (this would include any sound engineers/mixers)
    - Explicit Content (if any)
    - Year/Date of Release
    - Album (it it is part of an entire album)
    - Owner of Master Recording

    Make sure you check all spelling and formatting. Keeping all of your music organized is the best way to ensure that your music can be tracked correctly within the MLC system.

    All of this may sound like a lot and seem daunting, but it is not all that difficult to understand. In its most basic form, the MMA and registration of your original music are steps you need to take if you want to be adequately paid. 

    Educate Yourself

    If it helps you as a musician, you can read more about MMA on the Federal Register. The more you know about it, the more prepared you will be to know all of your rights regarding it. Some other important tips that you should know regarding the new act:

    • The MLC will not distribute any royalties with private agreements. If you register with a music licensing company or sign any contracts when permitting another party to use your recording. 
    • The MLC’s job with this act is to distribute mechanical license royalties for the use of music works owned by songwriters and publishers, so statutory royalties for the benefit of sound recordings that are owned by labels or producers will not get paid - Sound Exchange is in charge of those certain royalties.
    • The chances are that the MMA will evolve and change, but it is a massive step forward for songwriters and composers in the music streaming world. It is a way to validate the efforts that they make in creating their own original works.

      If you feel that things are still confusing or not clear enough, it doesn’t hurt to reach out to a music lawyer that can help you to understand the complexities. There are a lot of legal terms and as a musician you don’t want to cross any copyrights or deal with infringement suits. Musicians need to gain knowledge and be sure to prepare themselves, as well as be in a good position to take on the changes that this new act will bring.

      Author: Melissa Waltz

    Darro Chea: Standing The Test Of Time

    I started playing guitar when I was 14 years old. Back then I had this weird chip on my shoulder where I didn’t allow myself to have certain pieces of gear until I had reached a certain level of playing. It sounds ridiculous looking back on it - I was my own gatekeeper. But there were some benefits to my self-inflicted discipline. I got pretty good at guitar.

    During my first year of college, I was completely lost with what career to choose. The logical decision would have been to enter into a field where the job market was booming; computer science, medicine, etc. But of course, I was obsessed with the guitar. I actually failed my pre-calculus class twice during freshman year. Why? Because I was skipping class to stay in my dorm room to practice.

    So, in 2012, I decided to audition for music school. I figured the ultimate test to see whether or not I was good enough to keep playing music at school, was to become a music student. Because of this, I started snooping around the music college of my university, and there I saw it. Every guitar major was carrying around these hip, dark black guitar soft cases! Up until this point I was carrying a hard case by its handle everywhere I went. It was tiresome.

    But these gig bags, they looked serious. The insides were soft and lined with this blue fabric cushion, and the outside was sleek, stealthy and fit perfectly on your back. I actually saw one of these get thrown off a building! I had no idea that softcases like this ever existed. I wanted one so bad. But again, these were for the guitar majors right? I wasn’t a guitar major, at least not yet. But that was the motivation I needed to help push my practicing further. Silly as it sounds, I wanted to be considered good enough to carry one of those guitar cases around. It felt like a rite of passage to me.

    I practiced until I bled, 7-8 hours a day for almost a whole year. I auditioned for two music schools, and ended up enrolling at Berklee College of Music in 2013. The day I got my acceptance letter was the day I purchased my first Reunion Blues Continental Guitar Soft Case.

    I took it everywhere with me. It was my default guitar case for every reason. Since 2013, this gig bag has been to every rehearsal, every gig, every tour I’ve ever been to. With me, it has flown across the United States, to England, Spain, Italy, Romania, and even Greece. I still have it and use it to this day, and it has absolutely standed the test of time. I imagine I can get another decade out of it if not two.

    Also, here’s another pro tip: if you’re looking at getting one of these guitar cases, you don’t need to be “good enough” to get one. You already are. Absolutely get one; you will use it for decades.

    Double Your Carrying Power With RB Continental Voyager Series Double Guitar & Bass Cases From Reunion Blues

    Reunion Blues officially welcomes the arrival of the new RB Continental Voyager series Double Guitar & Bass Cases. When we “launched” the original RB Continental back in 2008 (literally, from the top of a three story building), we had no idea that we’d be the vanguard of a new era in protective cases that would transform the expectations of professional and hobbyist musicians worldwide. With the latest expansion of the RB Continental Voyager series, we’re excited to raise the bar yet again. 

    Beyond simply carrying 2 guitars or basses, RB Continental Voyager Double cases deliver the quality, durability and comfort that artists depend on for touring and gigging. Just like the single Voyager guitar models, all Voyager double cases include our shock-absorbing and impact-resistant Flexoskeleton™, now re-vamped with a more efficient internal structure for maximum protection while reducing weight and bulk dramatically. We’ve further articulated our Quadraweave™ exterior with a modern Black Heather texture that looks great and will provide years of durability. We’ve also re-designed the interior bracing system with a better reinforced locking neck block and user-configurable protector pads at the endpin for a perfect fit.

    RB Continental Voyager Double cases feature all of the great ergonomic features of the original RB Continental, along with some key improvements. Our Zero G™ handle is still the best in the industry (and often imitated poorly by our competition), but we’ve also added edge seams to improve longevity and durability. And for air travel, or even just getting around town, our adjustable, hideaway backpack is as comfortable as ever. 

    Our high standards for quality craftsmanship have been meticulously maintained, a process and a manufacturing ethos that we established back in the 1970s when we created the first professionally accepted gig bag. The use of industrial-grade high-tensile thread, reversed water-resistant zippers, abrasion and scuff resistant corded edges and seams, EVA backed material, and internally reinforced structure in high stress areas are just a few of the "under the hood" advantages that a Reunion Blues case provides. Best of all, we back this up with the peace of mind that comes from our industry leading limited lifetime warranty.

    Often imitated, but never equaled, RB Continental Voyager Double Guitar & Bass cases will protect your axes in style for years to come.

    SHOP NOW!

    Finding a Legitimate Music Lawyer, Pt. 4

    Once you have identified a lawyer with whom you’re interested in working, you can arrange for an interview. The interview will most likely take place in the lawyer’s office, or in some cases, an uncrowded public space where you can sort out any questions, doubts or concerns you may have. It is important that it is understood that you are both working for each other, even if you are the one who instigated the meeting. You are equals and both have to treat each other with respect, sorting out everything until you are satisfied with the solutions.

    At the beginning of the interview, let the lawyer know that you would like to ask a few questions. This is normal protocol and should not be any cause of concern. Such questions may include:


    1. What is your (the lawyer’s) fee structure? Do you charge at an hourly rate or on a 'flat fee' basis?

    Ask about any specific legal fees, which can often estimate between $150-500. You can even ask to be quoted for a specific service. This means the lawyer will provide a specific digit or range of how much something would cost and how it would be divided.


    1. Have you worked in the entertainment business outside of as a lawyer? (It is not totally unusual for lawyers to have been musicians or actors themselves or have expertise in another area of the industry.)

    1. What percentage of your law practice is music law?

    1. How many years have you been practicing music law?

    1. Are there any kinds of music business matters that you do not handle?

    Remember the questions we told you to ask yourself here; check in with yourself on how you feel the interview has gone and if you feel satisfied with the replies. If the lawyer has been able to engage you in successful conversation and interact in a professional, personable manner, congratulations—you may have found the person for the job! So, what is next?

    Time To Work


    Now that you have found yourself a good lawyer that you can trust, it is time to start moving along your business. Arrange for a follow-up meeting to talk business details, career goals, and any outstanding legal issues. The best advice is to inform yourself before you go talk with your lawyer. This will help you keep you in a primary position role in the handling of all your affairs and allow you to assist with eloquent and functional suggestions on your part on how to resolve your issue.

    Indeed, having a good lawyer part of the process of establishing yourself as an artist. Not only does it provide legal strength to your material, but also to your name and brand. Follow these suggestions, and we’re sure you can find the right person for the job!

    Finding a Legitimate Music Lawyer, Pt. 3

    Whether you’re searching for lawyers in person or online, research a few recent cases they have handled or clients with whom they have worked. Check their efficiency by reading reviews, which can help you scratch some names off the “might-be-the-one” list. Remember, you can't be too nice about things when the law is involved! You’ll need someone who is very meticulous and known for getting the job done well.

    Here is a small list of general points to consider when looking for a lawyer/attorney:

    1. Do you feel comfortable talking to them?
    2. Are they cost-effectively handling your legal affairs?
    3. Do they give you clear and concise answers to your questions?
    4. How is their attention span? Do they listen to what you are saying and give you proper guidance in base to what you just said?
    5. Is their level of expertise convincing to you?
    6. Do they treat you as an equal?

    If you can answer all of these questions with a satisfying “yes” once you’ve completed the whole approach and interview process (which we will explain a little later), then you have yourself an excellent deal! It is a good idea to start considering the answers to these questions from the first point of contact; this will help your insight and judgment a lot.

    As for things you should avoid when looking for a lawyer (including “no” answers to any of the previously mentioned suggestions), avoid lawyers that work directly for the record label you’re hoping to sign with. There’s the potential these lawyers may have been speedily hired and their primary responsibility is to the label’s concepts and ideals, which may not match yours at all. Avoid smooth talkers and show-offs. Anyone who brags about other cases they might be handling or blows off your concerns with automated solutions may not be taking what you say very seriously.

    Be on the lookout for these attitudes, and if you encounter a lawyer like this, we suggest you move on to someone else. No matter how highly they are recommended, it just won't work—trust me, we are talking about your career here. Don't give in or give up so easily.

    Now, the approach to finding a lawyer...

    The approach

    There are three approaches for you to try, let’s take a look at them:


    1. Music Business Directories: These directories are particularly helpful as they only enlist entertainment lawyers or people with relevant experience. They are also organized geographically, making it easier to locate a legal professional in your area. Music Business Directories are updated annually to include the most proficient, successful lawyers, ensuring that every candidate is up to date with all of the current procedures and legal technicalities you might come across as an artist.

      The downside is that many artists and entertainment professionals hire through this directory, so you might come across a few lawyers that are at capacity or have a long waiting list. But the size of the directory makes it likely that you can find another suitable option.

    1. Referrals: Probably the most straightforward method is to ask your closest friends and family if they know any lawyers with relevant experience. If not, you can reach out to local artists through social media and ask if they would refer you or answer any questions you might have.

      Take advantage of this personal connection. Ask your contact if their experiences with their lawyers have been successful, if they enjoy working together, and if they know how long their lawyer has been working in entertainment law. You can also ask if they knows any other artists that have worked with this lawyer, for how long, etc. Ask until you are satisfied and if you feel convinced, you can to be in contact with the lawyer.

    2. Music Business Conferences: Music Business Conferences are a great way to network for your career and find a lawyer all at the same time! If your primary goal is to gain a lawyer, stick to bigger conferences that involve more entertainment business professionals versus small local deals.

      Hang around at the conference rooms and panels. If any artists or lawyers are being showcased, make a point to hear them chat about their work. If you believe you would work well together, approach them and request an appointment for an interview.

    So you made it to the interview, now what? Keep reading for the last installment in our Finding a Legitimate Music Lawyer series!