Entertainment Law - Glamor By Association?

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Entertainment Law - Glamor By Association?

[Erica Winter] So, kid, ya’ wanna be a star. Or, more specifically, ya’ wanna be a star’s lawyer.

Well, so does half of everyone else from your

Just like Frances Gumm became Judy

of what it is,” says Sax, an alumna of Loyola

law school graduating class - at least at first,

Garland, and Thomas Mapother III became

Law School in L.A. who has been practic-

according to the career services counselors

Tom Cruise, “entertainment law” is actually

ing for 12 years. Through her website (www.

we spoke with (see the article Choosing a

a more glamorized, fabricated name for con-

lawgirl.com), Sax has received “thousands

Specialty in the LawCrossing.com archives).

tract law, copyright law, intellectual property

of emails” from high-school and college

law, licensing law, litigation, and working

kids asking for advice on how to get into the

Even after law students start to peel off into

really hard just like every other lawyer out

entertainment legal field. Sax ended up post-

tax law or DA work or environmental law,

there.

ing a list of tips on her site for the aspiring attorneys and shared some advice with us as

there are still plenty of lawyers and law students left over who really, really want to

For the sake of brevity, in this article we’re

be entertainment lawyers. Or at least they

going to talk about “entertainment law” and

well, which we’ll get to a bit later.

“entertainment lawyers,” but make no mis-

“Being a music fan is not a reason to be a

take, there are no such things. Entertainment

music lawyer,” says Sax. This job is not all

Actually getting to be an entertainment

lawyers are merely copyright, contract, or

about going to the premieres and hanging

lawyer and actually doing that work may be

IP lawyers who have clients in the entertain-

out with the band after the show. Yes, you do

very different from what you may imagine.

ment business, just like sports lawyers have

get tickets sometimes, but that is not the job

And then, getting the job may be a tough

clients in the sports business (see our article

itself.

prospect.

on sports law on LawCrossing.com now).

Just remember: if you want something that

Plus, being an entertainment lawyer not only

artists can be very frustrating at times, Sax

a lot of other highly qualified and capable

has a shiny and misleading name, it can also

says. Not all artists are “divas,” of course,

people also want, then achieving it depends

have a slightly misleading image masking a

but many of them can be very demanding.

on one essential factor: Luck.

pretty basic reality.

They often do not have the same boundaries

But luckily for you, that’s not the end of the

“Pay no attention to that man behind the

during business hours), and they do not

story. Some say you make your own luck.

curtain.”(The Wizard of Oz)

always have a good sense of what’s appropri-

think they do.

Another scratch on the sequins: dealing with

as other business clients (such as calling

ate.

But before you start searching for your old rabbit’s foot, consider what a career in enter-

Image isn’t everything.

On the other hand, there is a difference

tainment law really is and then think about if this is what you really want. After we look at

There is no question that, if you get the gig,

between being a fan and loving art. Joseph

the true nature of this job, we’ll share some

entertainment law can bring you some really

E. Porter III loves being an entertainment

tips on how to acquire it.

talented, interesting, and cool clients. The

lawyer because, he says, “I love music, and I

thing you should never forget, however, is

respect people who have that ability.” He did

“You keep using that word. I do not think

that the key word in the phrase “entertain-

not pursue this field because he was starry-

it means what you think it means.” (The

ment lawyer” is not “entertainment.”

eyed over musicians; he pursued it because

Princess Bride)

of his respect for the art they create.

“It’s being a lawyer,” says Jodi Sax, a solo

Some names just don’t look good in lights.

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attorney based in Los Angeles. For entertain-

To be an entertainment lawyer, you do need

ment law, there is a “huge misconception

to draw a line between appreciating and

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respecting the work of an artist and becom-

• In-house to firm to solo.

Then Porter worked in the legal department

ing that artist’s pal, says Porter. As exciting

Sax, for example, has worked in-house, at a

of Motown Records, rising to become the

as it may seem, at first, to be in the recording

firm, and in solo practice. She got her start

assistant to the chairman. He moved from

studio and have an artist ask you whether that

interning in the legal department of NBC

Motown to American International Pictures

track sounds right, do not get involved with

Studios in the summer after her first year of

film production company to be their director

the creative process, he recommends. If you

law school. This gave her the practical experi-

of business affairs. Now his firm handles a

start doing that, you either end up as a friend

ence she needed to land her first job out of

fusion of music and film matters, focusing pri-

or as a producer - a boss. And you are neither.

law school with the firm Arter & Hadden (now

marily on putting together deals to put music

dissolved). There, she worked in the IP de-

in movies, representing the recording artists,

What you are is the counselor. You need to

partment and worked with a partner who gave

music writers, and producers.

be the person the artist calls when he is in

junior associates a lot of responsibility.

trouble or needs some wise advice, says Porter. “If you become a ‘hang-out guy,’ then you

“I had to learn quickly,” says Sax, since the

• From one side of the record deal to the

lose that professional separation.”

partner gave her cases to run on her own

other.

pretty early on. That partner was a copyright

Collins found his music knowledge from the

Wallace Collins concurs. Not hanging out with

expert doing film work, and when he moved to

other side of the desk. He started out as a

the band is actually good, he says. If you’re

another firm - Manatt, Phelps & Phillips - Sax

recording artist with Epic Records in a band

running around backstage with them, they

went with him. She was with Manatt for three

called The Dynamites. They had a song called

might forget you are their lawyer.

years before hanging out her own shingle.

“We Want a Rock-n-Roll President” that was

As for the artists themselves, “creative people

While it may seem early to go solo only four

live in a different world; their reality is a bit

years out of law school, Sax says that she had

Thinking his music life was behind him, he

different,” says Porter. As the lawyer, you

such an immense workload that she felt she

started practicing 12 years ago with a large

need to be the one to keep a level head and

built “eight years’ worth of experience in four

corporate firm and then moved to a smaller

not get swept up in the creative process,

years.” She found this intense training invalu-

firm doing copyright and trademark work.

because you are the one who guards that

able to her future career, remarking that she

While there, he started to moonlight, doing

process.

would not recommend trying to fly solo right

legal work for his friends who were still in the

after law school.

music business. Gradually, he says, he real-

not a hit, so he went to law school.

ized that he was enjoying his side gig more

Overall, entertainment law is “the most colorful area of law,” says Marty O’Toole. You need

While she does have an arts background her-

devotion to the art so that you can have devo-

self with an undergraduate degree in design,

tion to your field.

Sax says that it’s not necessary to have. She

Collins launched his own firm when the econ-

is in touch with pop culture, she says, so that

omy was booming with tech money in the early

“Hollywood! Big-time show biz! That’s always

may help her find clients and relate to the

90s, and some who started out at the same

been my dream.” (The Muppet Movie)

ones she has. And the award-winning design

time as he did fizzled out. “There’s always a

of her website may have upped her profile.

handful trying to get in it at the same time,” he

than his day job.

No matter where you start out on your jour-

But, while that experience helped her person-

says, claiming that it worked out for him be-

ney, there’s more than one door onto this

ally, it’s not the only way to get in the door.

cause he was persistent and lucky. Even in the

stage.

boom economy, Collins went without profits • Film to music to film to both.

from his solo venture for one year.

The lawyers we talked with all took varied

Porter started his career 33 years ago after

paths to where they are now. Each has had

graduating from the University of Southern

Now he is with a firm once again (Serling,

experience in two or more practice models

California Law School, alternating between

Rooks & Ferrara, N.Y.), although he is able to

- proving that there is more than one place to

film and music work until opening his own

work independently within the firm’s struc-

practice entertainment law, as well as more

shop. Porter started with a job at a law firm

ture, says Collins. He thrived in a solo practice

than one way to get there. Plus, you are not

that was one of the first to represent films

because he could act as the “wildcard” in

restricted to staying in one model if you feel

produced outside of the studio contract

negotiations and threaten to sue - and actually

the need to move on.

system.

sue - if it came down to it.

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Collins does like being in a firm once again,

of films, including Mo’ Better Blues, Jungle

popular and may even go up and down like

however. “A firm has more clout than an

Fever, Scent of a Woman, and The People

that a few times. A downside to the music

individual,” he says, “and there are big clients

Under the Stairs.

business is that it does attract people who are

that come in, such as Sony Records.” With 15

risk takers, so there is a certain solidity that

other lawyers around, he feels he is no longer

At Universal, the head of the legal department

“working in a vacuum,” and there is more

assigned deals to lawyers on staff. If a lawyer

information available to him because of his

expressed interest in working on a particular

One big difference between negotiating music

colleagues’ expertise.

project, then he or she would get assigned

and TV deals, says Watson, is that actors have

to it if that fit into the larger schedule, says

a union and musicians do not. Actors have

Watson.

a guild (The Screen Actors’ Guild) that sets

Watson found the job at Universal because he

ments for projects. There is a baseline for

• From out of left field Never believe that you can’t change your mind.

is missing.

minimum salary and work-condition requireknew someone from the company whom he

acting contracts that just does not exist for

O’Toole went from working on Capitol Hill in

had worked with on opposing sides while at a

musicians.

Washington, DC, with dreams of a political

firm. “You do repeat business in this town,” he

career to the Cook County (Chicago) Pub-

says. It is important to maintain collegial rela-

Acting and music contracts are similar,

lic Defender’s Office to a solo Los Angeles

tions with opposing counsel. You need to build

however, in that they are negotiated well

entertainment law firm - and he’s only been

relationships to “make something positive

before the product (album, movie or show) is

practicing for seven years.

happen,” he says.

ever released, and the artist is bound to the

An alumnus of Catholic University Law School,

The range of work you do is the key difference

Washington, DC, O’Toole got his start in en-

between working in-house and at a firm, says

tertainment law by taking referrals from the

Watson. Movie studio attorneys work on talent

Knowing people and getting good word-of-

California Lawyers for the Arts, a nonprofit or-

deals, financing arrangements, and any issues

mouth from clients are very important in

ganization that aids new or struggling artists

that arise during production.

entertainment law in general. From a client

guidelines of the contract whether the show or

who need legal help. Some of those clients

album is a big success or not.

perspective, says Collins, there is high turn-

returned to him again, and others referred

Working at a firm includes more than that, a

over in the entertainment world. Your clients

new clients to him.

“limitless” list that includes distribution deals,

will likely not be musicians or actors forever.

creation of joint ventures, and writing, direct-

And, as they move up and down the ladder of

• Knowing a good thing.

ing, or producing deals from the other side of

success, they may also move on to other at-

Gary Watson is with the entertainment firm

the table.

torneys as their careers progress. As opposed to other specialties, in which you build a client

Huron, Maki & Johnson in Century City, CA, right near 20th Century Fox. An alumnus of

“Ok, so what’ll it be?” (My Blue Heaven)

base over time, there is often a revolving door in this field, and you are continuously looking

Boalt Hall School of Law at the University of California at Berkeley, Watson has been

Your job in entertainment law will differ in

practicing entertainment law for 20 years. He

some ways if you concentrate on music, film,

knew he wanted to do this work when he was

or TV. We asked our sources about the differ-

in high school. “It’s always been my passion to

ences and the similarities.

for clients.

“A deal’s a deal!” (Fargo) You can take it with you. Or, more to the point,

be an entertainment lawyer,” he says.

The music industry is not the same as film or

your clients can take you with them. If you are

For his first two years after law school,

TV, says Porter, because the deals move a lot

an entertainment lawyer, you can work for

Watson was doing half entertainment and half

faster from start to finish. From the idea to

your clients’ transactional needs even if your

corporate work at a large firm. Then he was

putting an album out could last just one year,

clients have gigs going in more than one state,

recruited by another firm that brought him in

whereas a movie could take a total of three or

says Watson.

to do entertainment law full time.

more years to go from idea to actuality.

Afterwards, Watson moved on to be a lawyer

Other things particular to the music business

upcoming deal to be in a TV series that films

with the motion picture group of Universal

- careers like Frank Sinatra’s are rare, Porter

in Los Angeles. And, because she is highly

Pictures, working on deals for a wide variety

says. An artist will be popular and then not

skilled, she also has written a play in produc-

For example, an actress/playwright has an

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tion on Broadway. Her lawyer in Los Angeles

ists and says that things have changed slightly

4. Then, after you have done those two things,

can do the work on both contract deals; she

since he was first starting out.

c) build relationships, recommends Watson.

All the skill and talent in the world will get

does not need to hire a lawyer in Los Angeles Previously, Porter would work with African

you nowhere if people don’t know you have it.

American clients “on their way up or on their

When people meet you and discover that you

Jurisdictional issues mainly come into play

way down.” Those at the top would tend

have done your research, studied hard, and

when there is litigation at hand, he says, but

to seek out larger, white-run firms. Now,

gotten your experience - that’s how you get

not for contract negotiations or other transac-

prominent African American artists, such as

the job.

tional issues.

Sean “P. Diddy” Combs, will choose African

and another in New York, says Watson.

American attorneys. a new lawyer in every town on its concert tour,

“Live! Live! Live!” (Auntie Mame)

question. Harvard is in Cambridge, MA, a town that is not exactly buzzing with movie

confirms Jodi Sax, unless, of course, they have some sort of mishap on the road, like

5. Location, location, location: Sax says that going to a top school will ease the location

Aerosmith does not automatically have to get

(Advice)

deals - but it’s Harvard. On the other hand, if you are not going to be at Harvard, going to a

getting sued by a disgruntled fan and needing 1. Before you even start pursuing this career,

mid-level school in New York or Los Angeles

find out what it really is, recommends Watson.

is the next best thing. Watson concurs. People

“Don’t ever take sides with anyone against

Do informational interviews with lawyers who

in town know Fordham (N.Y.C) or Loyola (L.A.);

the family again.” (The Godfather)

work with entertainment clients, read articles

and being in a town where the deals are being

like this one, do your research! Think about

done can help you with making connections

Is entertainment law an old boys’ network?

the reality of the everyday work and whether

and getting internships at local shops that

Do unqualified attorneys get jobs because of

or not this would really be the job for you.

have clients in the business.

representation in an out-of-state court.

whom they are related to or whom they know?

2. Once you have your mind set on getting

6. Once you get to New York City, Los Angeles,

“The cream rises,” says Sax, explaining that

this gig, “it’s important to get a foundation of

or Nashville, says O’Toole, you can start

nepotism is not a major problem in entertain-

knowledge,” before trying to jump into this

generating business for your solo firm by con-

ment law. While knowing people does help you

field, says Sax. You need training. Get some

necting with an arts organization in town, as

get job leads, those who do not have the skills

experience under your belt with copyright,

he did with the California Lawyers for the Arts.

do not last long. So if a studio executive hires

contract, intellectual property, and corporate

his niece to be in the legal department, it is

law, she recommends. If you get a job at a law

7. For a lateral move, first consider the

not difficult to see, says Sax, “if they’re good

firm doing IP work, even if you start off with

economy. The music business, especially, is

lawyers.” If the hire is based on relationship

non-entertainment clients, you will be getting

in the doldrums right now, says Collins. He

alone and the lawyer does not have the ability,

a good start. Knowing some litigation helps

doesn’t see a lot of hiring at music-oriented

then they won’t last long.

too, says Collins. In entertainment law right

entertainment firms or for in-house positions

now, “if anything, there’s a shortage of litiga-

at record labels these days. As for solo work,

tors,” he says.

don’t walk away from a steady, paying law job

As for women in this specialty, aside from the much older generation, there are many work-

to devote yourself to serving music clients

ing in this field. In fact, says Sax, there seem

3. Aside from knowing the ropes, says Sax, the

exclusively right now, he says. If you want to

to be more women than men in the in-house

best two things you can do to get the law job

take your shot, do it in pieces, and make sure

entertainment law positions.

you want - be it entertainment law, tax law, or

you have enough money saved so that you can

environmental law - is to a) go to the best law

go without profits for up to two years. “Be very

African Americans in this field should follow

school you can get into, and b) do really well in

careful about it,” he warns.

the same advice given to any to any other law

school. Getting a certificate in entertainment

student or young lawyer pursuing entertain-

law won’t get you in the door if you don’t have

8. Most of all, remember this is a job being

ment law, says Porter, who represents an

the grades.

a lawyer - not a roadie or personal assistant

even split of white and African American art-

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or fan. Still, think about whether you actually

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CAREER COUNSELOR’S CORNER

care about the issues at hand, says O’Toole.

Make sure you really are interested in music or film and not just into the glamor and the stars. If you’re going for glamor, then you will have a hard time succeeding in this specialty.

You need to like the work.

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