An interview with Tamera Reynolds, entertainment attorney
How long have you been practicing entertainment law?
I've been out on my own for two years; I've been practicing since 1997. My background is in corporate law.
Do you have many clients who are successful in the entertainment industry?
Well, I can't give out any names, but I would say that I have a handful of clients who are signed to major labels or are very productive producers. Then I have a number of clients who are starting out and are trying to break into the industry, who are trying to get a deal and really have nothing to work with. They have no money. I will always talk to people; I'll always listen to their music, and if I think that they have what it takes, that they need money, they need an investor, I may try to match them up with an investor. I know people who like to take a stake early on. If I think they really have promise and can get a deal, then I may work with them and work out some sort of arrangement with them.
Do most attorneys do that?
Yes, I think so. Shopping a deal is quite a bit more involved and some attorneys may not be willing to do that. But I think that in the entertainment industry, you have to, as opposed the corporate world, you have to expect that your clients are going to be very diverse. They're going to have a mixture of talent, experience, exposure and money. They're people at all different levels of their career that need legal services.
At what stage in their career do you think artists should start looking for an attorney?
Very early on. When they are just trying to do gigs, put a band together, do a demo, they don't need an attorney. But as soon as they contemplate signing a contract for anything, they need to find an attorney. They should not sign a management agreement before seeing an attorney. They should not sign over any rights to any of their songs, or anything like that in exchange for money before they meet with an attorney. They should never sign anything without an attorney. That's how a lot of artists long ago got taken for everything, because they signed contracts without understanding them and without getting advice.
Is it important that artists choose attorneys who specialize in entertainment law?
I think it's very helpful because things in the entertainment industry work differently than they do in most any other industry, and the attorney that they're working with needs to understand the customs of the industry. They need to know what is the expected compensation for particular services. They need to understand the intricacies of royalties, licensing, and things like that. If you're not familiar with the industry, especially the calculations that are used to determine royalty payments, etcetera, you're really at a disadvantage.
What if an artist cannot afford an attorney?
With the explosion of the Internet, there is a lot of information to be had on Internet. They can do a lot of self-education. I would suggest [artists] understand copyright laws and trademark laws, they can go to the websites for the federal agencies that handle that. They can go to the U.S. Copyright Office website; on there they will find a lot of free information. They can do a lot of reading; they can do that on the trademark site. I would also suggest that they go to the websites for various organizations like BMI, ASCAP, Harry Fox and other popular music sites. They will find a lot of interviews; they will find a lot of articles, editorials on up-to-date issues in the industry, as well as things that will give them general information on managers and what's a customary management fee. I mean, some people may not know that. They can find that on the web. Another good source is your local large bookstore. Most places have a section for music, and there are many books that have been written to give artists starting out a lot of background information and artillery to move forward in the industry and not get taken for a ride. I think those are the two best sources.
Depending on the project, speak with an attorney anyway. Attorneys will sometimes work out arrangements where they don't receive compensation right away, or they may not request a retainer up front. They may be willing, depending on the project, to get money on the backend. So that is an option as well.
What are some common mistakes that you see artists make when choosing an attorney?
I think when it comes to choosing an attorney, people should speak to more than just one. They should have a consultation with more than just one attorney and have a list of questions prepared that they want to ask the attorney because they need to take a little bit of time to gage the knowledge and experience of the attorney before just jumping in with somebody because they say that they're an attorney.
The second mistake is that they have a little bit of money, thinking that they need to have one of the biggest names in the entertainment field as their attorney. The problem with that is if [you're just getting signed] but you have some dollars in the bank and you can pay these big law firms' fees, if that law firm represents [a popular artist], whose call do you think they're going to take first? So, unless you're established, if you go to a very large firm, often times you're going to find yourself in competition with the real moneymaking clients and may not get the personal attention that you need.
Do you have anything that you want to add or emphasize?
The one thing that I cannot stress enough is do not sign anything that hasn't been reviewed by an attorney. If you don't have any money, try to work out an arrangement or educate yourself. Talk to other friends that you have in the industry, see if they have a contract that was similar because a lot of times contacts are drafted and certain words are used for certain reasons, and if you do not understand…Something that appears straight forward on its face may not be [straight forward] in the legal world, and you'll get [fooled]. And there's nothing you can do about it afterwards, except maybe try to sue. But you may not have grounds to sue, and it takes a lot of money to sue. So I just stress caution, caution, caution and education. [Artists'] talent is their strongest asset, and they must protect it as much as possible. Something they sign now can hurt them for as long as they're in the business; it can hurt them for the rest of their lives. If they give away copyright on something now, they'll never make money off that song and someone else can get very rich off that song. The decisions that they make today can have very long term effects. Be careful.
Tamera Reynolds counsels clients who are successful in the entertainment industry, and she understands the importance of artists setting a strong foundation for their entertainment careers. In addition to legal counseling, she specializes in other forms of entertainment career planning and management. For a consultation with Tamera Reynolds, please contact her at (212) 529-5175 or tmrentertainment@aol.com.
This interview does not constitute a formal legal consultation. Therefore, neither eMusicBiz.com, nor the featured attorney, will accept responsibility or liability for any damages that may occur as a result of this article. For more personalized advise, contact Tamera Reynolds or another qualified attorney in your area.
