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Legal tips for Musicians and Entertainers
Words Dorothy Adu-Mfum
Money, fame, glitz and glamour; the lives of entertainers seem appealing. However, like Meghan Thee Stallion, TLC, Toni Braxton and others, we know how these glamorous lives can be stifled by bad advice and unconscionable contracts.
Founder of Law City, Dorothy Adu-Mfum, provides you with legal tips for musicians and entertainers.
How to get a contract
At the beginning of every relationship, everyone is usually on the same page and seemingly after the same goals. The truth is although this may be true to begin with, as you grow, interests, goals, success and visions may change. It is therefore advisable to seek independent legal advice, separate from your management to discuss and negotiate the terms of your management agreement. Don’t do it yourself. Certain unfavourable clauses and terms may be missed without the help of an entertainment lawyer and the last thing you want is to be famous with nothing to show for it, due to a terrible record deal.
Best Entertainment Lawyers in London /Globally.
So, who exactly are the best entertainment lawyers and how do you find them?
Kieran Jay, partner and head of the music group at UK based Law firm Harbottle & Lewis is lawyer to successful UK artists Stormzy, Sigma, Jess Glynne and many others. He has represented several leading artists, producers, songwriters, record and publishing companies and provides advice on management, recording, employment and publishing agreements.
Aurelia Butler-Ball of UK based law firm Irwin Mitchell, works exclusively with music and entertainment clients and is the firms go to for artists who need music related legal advice. Irwin Mitchell is ranked tier one firm by independent legal directory ‘Legal 500’ for media and entertainment.
Dina LaPolt is a music attorney and artist advocate based in Los Angeles, California in America. Her firm LaPolt Law, PC was uniquely birthed in 2001 as a result of Tupac’s mother Afeni Shakur, telling people in the music industry that Diana was starting her own firm. Dina LaPolt is known for being fearless and outspoken and represents artists such as Britney Spears, 21 Savage, Steven Tyler and estate of Tupac Shakur. She is an expert in solving complex legal and business issues relating to trademarks, copyrights, contracts, litigation and publicity. Dina has been awarded with numerous awards including Music’s Most Powerful Attorneys and Billboard’s Power 100.
Jenny Afia is lawyer to global artist Adele and head of UK based law firm Schillings International LLP’s legal team and entertainment practice. Jenny is a media and privacy lawyer who helps some of the world’s most influential celebrities with reputation and privacy issues. She has been recognised in the Billboard’s 2020 Top Music Lawyers for her work in defending the privacy and reputation of her clients.
Ownership, what it means to own your own music and how can you get there?
You may be familiar with the term ‘masters’ from Taylor Swifts music controversy with her first Record Label ‘Big Machine’ which was sold to her adversary Scooter Braum for 300 million dollars along with the masters for her first six albums. Or the famous Prince quote to Rolling stone in 1996, ‘if you don’t own your masters, your masters own you’ which expresses the slave and slave master like relationship between recording artists who do not own their masters and record labels.
The term ‘masters’ is a familiar term in the entertainment world, but what exactly does this term mean?
A ‘master’ is simply the rights to a song. The ‘master recording’ therefore is the original recording which is then licensed or sold by the owner of the master. Going back to Prince’s famous quote, the owner of the masters owns you because they have total control over the financial gains and distribution of your music. Although this might seem unfair, traditionally, it is the standard for labels to own the masters for songs created during the artists time at the label in exchange for an advance and a percentage of royalties from profits made from the music (after the advance has been paid back). For artists that are just starting off in their career, the advances these record labels provide is a huge bargaining tool as success in the music industry requires money and is not guaranteed.
However, the new generation of artists are beginning to push for control over their work, rather than leaving their intellectual property for labels to control. The UK music scene in particular has seen a rise in independent artists like Skepta, AJ Tracey, Stormzy and Lady Leshur who have proved, through the rise of social media and streaming platforms, that is possible to have a successful music career, with full control of your music, without the backing of big labels.