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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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CAREER COUNSELOR’S CORNER
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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CAREER COUNSELOR’S CORNER
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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