Indie Bible - zankMusic.com

marketing keys. The more times people see the same logo, the more they
will remember it and your act.
Register your logo
Register with the U.S. Patent and Trademark Office (or comparable body
if you are based in another country). Much like with your name, you
acquire rights to your logo when it is publicly used in commerce. T h i s
means that when you sell your merchandise, or play a show where your
logo is displayed, you automatically obtain some common law rights in
that logo. Registering your logo as a trademark, however, will provide you
with important additional rights:
Do a search
Assuming that you are the first to use this logo, registering your logo will
help secure your right to use it, and prevent others from using the same or
a similar logo. Because of the extremely subjective nature of the trademark
analysis for logos, it might not be worthwhile to perform a search. It is not
with certainty you will discover the same or similar logo being used by
another band. If you choose to perform a search, you can try Thomson &
T h o m s o n, or the folks at (w w w. t r a d e n a m e . c o m) A lawyer can take care of
the whole thing, since the analysis is so touchy, that only an experienced
trademark attorney will be able to offer sound advice.
The good news is it’s not quite as disastrous, if you are forced to
change your logo. It might not be what you’d ideally like to do, but it pales
comparison to having to change your name. If you can afford to hire an
attorney to assist you, go ahead and trademark your logo. If your problem
is that you’re strapped for cash, try to register your trademark yourself by
using the website of the U.S. Patent and Trademark Off i c e
( w w w. u s p t o . g o v.)
Vivek J. Tiwary is the founder and President/CEO of both StarPolish and
The Ti w a ry Entertainment Group, a multi-faceted entertainment venture
focusing on artist management, marketing consultation, and pro j e c t
p roduction. Vivek has 10 years experience in the arts and entert a i n m e n t
industries, Prior to joining StarPolish.com, Gary L. Kaplan spent thre e
years at Skadden, Arps, Slate, Meagher & Flom, one of the world’s
p reeminent law firms. Gary was a member of Skadden’s Intellectual
P ro p e rty Department, focusing on patent litigation. Contact:
w w w. s t a r p o l i s h . c o m
E N T E R TAINMENT INDUSTRY L AWYERS: WHO,
WHERE AND HOW MUCH?!
by Wallace Collins, Entertainment Lawyer
© 2008 All Rights Reserved. Used By Permission.
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As a creative artist in the entertainment industry you do not need to know
everything about the business in order to succeed, but you should hire
people who do. When I was a teenage recording artist back in the late 70’s ,
I can remember being intimidated by the “suits”. Now that I am on the
other side of the desk, I have a broader perspective. I am here to tell you
that those “suits” can help you; provided, however, that like any other
aspect of your life, you use your instincts in making your selection.
The team
The best place for you to start building your “team” of representatives is
with a competent lawyer who specializes in entertainment law, which is a
combination of contract, intellectual property (copyright, trademark and
patent) and licensing law. Eventually, your team could possibly include a
personal manager, a booking agent and a business manager/accountant.
Your lawyer can assist you in assembling your team. He may then function
as the linchpin in coordinating the activities of your team and insuring that
these people are acting in your best interests.
The lawyer
A good lawyer will navigate you safely through the minefield that is the
entertainment industry. Record contracts, publishing agreements and
licensing arrangements can be extremely complicated. Proper negotiating
and drafting requires superior legal skills as well as knowledge of
entertainment business and intellectual property practice. Your lawyer can
explain the concepts of copyrights, trademark and patents to you and assist
you in securing proper protection for your work. In addition to structuring
and documenting a deal to maximize the benefits to you, some lawyers
also actively solicit deals for their clients.
What to look for
When looking for a lawyer take the time to interview a few before
retaining one. Some lawyers are with large firms, but many are solo
practitioners. Lawyers have various personalities and legal skills and you
should seek out a situation where the “vibe” is right. It is not necessary that
your lawyer like or even understand your creation. It is more important that
you feel he or she is a trustworthy and competent advisor.
When do I pay?
Keep in mind that a lawyer with other big name clients is not necessarily
the best lawyer for you; if it comes down to taking your calls or those of a
s u p e r s t a r, which do you think will get preference? A l a w y e r, much like a
d o c t o r, is selling services, so if you go to him for advice you should expect
to pay. With the odds of success in this business being what they are, very
few lawyers will agree to work for you and wait for payment until you are
successful and can pay your bills. You may also find someone who will
work on a contingency basis.
The cost
1. A lawyer specializing in the entertainment field usually charges an
hourly fee or a percentage of the money value of your deal. Hourly
rates generally run from $200 and up. Percentages are based on the
“reasonable value of services rendered” and generally run around 5%
of the deal. A few lawyers may charge a set fee, such as $1,000 or
$1,500, to review and negotiate certain documents. Check around to
see if the fee arrangement proposed is competitive.
2. Most lawyers will require a payment of money in advance or
“retainer”, which can range anywhere from $1,000 to $10,000. Even
those who take a percentage of the deal as a fee may require that you
pay a retainer. In addition to the hourly fee or percentage, you are
usually required to reimburse your lawyer for his out-of-pocket costs,
including long distance telephone calls, photocopies, postage, fax, etc.
3. You should realize that in retaining a lawyer you are making a
contract even if your agreement is not written. In return for a fee, the
lawyer promises to render legal services on your behalf. However,
some lawyers may want a fee arrangement in writing (specifically in
connection with a percentage deal) and/or a payment direction letter.
A cautious lawyer will advise you that you have the right to seek the
advice of another lawyer as to the propriety of a percentage fee
arrangement.
As a general rule
You need a lawyer if you are asked to sign anything other than an
autograph. Too many aspiring creative artists want to get a deal so badly
they will sign almost anything that promises them a chance to do it. Even
successful careers have a relatively short life span, especially in the music,
movie and television business. Therefore, it is important for you to get
maximum returns in the good years and not sign away rights to valuable
income.
N e v e r sign anything without having your own lawyer review it first!
Do not rely on anyone else (or even their lawyer) to tell you what your
contract says. Do not let anyone rush you or pressure you into signing any
agreement. There is really no such thing as a standard “form” contract. A n y
such contract was drafted by that party’s attorney to protect that party’s
interests; your lawyer can help negotiate more favorable terms for you.
Wallace Collins is an entertainment lawyer with the New York law firm of
Serling Rooks & Ferrara, LLP. He was a re c o rding artist for Epic Record s
b e f o re attending Fordham Law School. Contact: (212) 245-7300,
w w w. w a l l a c e c o l l i n s . c o m
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