Music Paralegals
By Rachel Ng
May/June 2005 Issue
Songwriters, instrumentalists, record
producers, sound engineers, backup vocalists — a platinum-selling record
is a collaboration of numerous creative and talented professionals.
Unbeknownst to most, the backbone to every record deal launching a
successful talent is a first-rate legal team.
Before the latest hit tune is played on
the radio, a team of entertainment lawyers and paralegals work hard to
crank out the contract details of the artist’s rights and obligations.
“It’s satisfying to know I played a
small part in an artist’s career when I hear them on the radio, see an
article about them in a national publication or when they give an
acceptance speech when they win an award,“ said entertainment paralegal
Sharyse Leclaire of Greenberg Traurig in Atlanta.
Track 1 – The Players
As a paralegal with 13 years experience in the entertainment
field, Leclaire loves her job at Greenberg Traurig. “I enjoy challenges,
which can be overwhelming at times, but an answer can always be found,”
she said. “I thrive in a fast-paced environment, and I enjoy learning
something new every day.”
Although her duties fluctuate from day
to day, Leclaire’s primary function is to assist the firm’s
entertainment attorneys. “It can go from filing copyright applications
to preparing initial drafts of recording, producer, mixer, management
and termination agreements for the attorneys,” she said. “I can be asked
to draft letters for an attorney on behalf of a client advising the
contracting party they have failed to perform certain obligations under
the agreement. I also summarize various agreements and translate them
into ‘plain English’ so the clients know exactly what they are signing.”
In addition, Leclaire affiliates clients
with public performance societies, such as Broadcast Music Inc., The
American Society of Composers, Authors and Publishers, SESAC (formerly
known as the Society of European Stage Authors & Composers) and The
Harry Fox Agency. She researches and confirms her client’s writer or
publisher splits for licensing requests and researches other writers or
publishers to obtain mechanical and synchronization licenses on behalf
of her clients.
Emily Hay is an entertainment paralegal
at Ziffren, Brittenham, Branca, Fischer, Gilbert-Lurie, Stiffelman &
Cook in Los Angeles, a leading transactional entertainment law firm
representing clients in music, motion picture, television and multimedia
areas.
Hay specializes in music contract
negotiations and copyright law, and has worked with various artists
including Foo Fighters, Perry Farrell, Beck, Fleetwood Mac, Macy Gray,
Korn, Goo Goo Dolls, Weezer, Nelly and Graham Nash, to name a few.
Hay started working for Ziffren,
Brittenham in 2003, and she assists in career and contract negotiations,
as well as negotiating, drafting and executing all forms of
entertainment contracts. In addition, she acts as a liaison between
artists and record companies.
“I like working to protect musicians’
rights and their intellectual property and assets,” Hay said.
Leslie Stevens is a corporate and
trademark paralegal at Gang, Tyre, Ramer & Brown in Beverly Hills,
Calif. The firm deals with general transactional representation in the
entertainment industries and also provides counseling and representation
in connection with intellectual property, personal business matters,
wealth transfers and real estate. Although Gang, Tyre is a relatively
small firm — with 15 attorneys and 40 staff members — it represents
major entertainment clients. The firms’ partners include Donald S.
Passman, author of the music industry bible “All You Need to Know About
the Music Business,” whose clients include Janet Jackson, Mariah Carey,
R.E.M. and Tina Turner, in addition to Bruce Ramer, who represents
Steven Spielberg.
Stevens’ clients include record
companies, executives and musical groups. With 16 years of experience,
she handles anything and everything to do with private corporations and
is the liaison to the firm’s trademark counsel. “I handle all the work
for the trademark work our clients are involved in,” she said.
Karen A. Pals has been working in the
field of entertainment law since 1986. Pals is a paralegal specializing
in music and new media at Carroll, Guido & Groffman in Los Angeles. The
firm’s clients include musicians, songwriters, producers, independent
record companies, Internet and new technologies companies, music
business professionals and a variety of other clients related to the
entertainment and new media industries.
Her daily responsibilities include
working with the firm’s attorneys to provide publishing administration;
trademark, copyright and Internet domain information and registrations;
business entity information, formation and related documents; and a
variety of contracts and other legal documents.
Pals said she has enjoyed her work as an
entertainment paralegal since day one because she constantly is learning
new things and because it’s … well, entertaining.
“Some of the interesting projects on
which I have worked include obtaining rights to use music in films, TV
programs, video games and on mobile phones,” she said. “It’s always
interesting to work on the formation of new business entities involving
a new business model, a music tour, purchase of a publishing catalog or
other activities a client plans to pursue.”
She said it’s particularly interesting
when a project benefits a good cause, such as medical expense
reimbursement for uninsured musicians, supporting public school
education, raising money to research cures for a disease or encouraging
young people to vote.
Track 2 –
Getting Started
Before Hay was an entertainment paralegal, she was a trained
flutist, vocalist and pianist, and toured and performed throughout
Europe, Canada and the United States. She received her master’s of fine
arts from the California Institute of the Arts in Valencia, Calif., and
a bachelor’s of fine arts from Bard College in New York. She also
attended one year of law school and has 20 years of experience in
entertainment legal and business affairs.
Hay’s career as an entertainment
paralegal started in 1993 when she began working for Loeb & Loeb, based
in Los Angeles, where she administered client music publishing catalogs,
negotiated and drafted international subpublishing, co-publishing and
administration, songwriter and record producer agreements, and more. She
has worked for several other prominent Los Angeles entertainment law
firms, including King, Holmes, Paterno & Berliner, where she was based
for several years and received experience and mentoring, which proved to
be pivotal in her career.
Hay said she decided to become an
entertainment paralegal to broaden her work experience and exposure in
the entertainment industries. “I didn’t want to become stuck doing one
thing or having an expertise in only one aspect of the business,” she
said. “As an entertainment paralegal, I represent many different types
of clients from many different perspectives. The work is varied and
complex.”
Working in the legal field since 1989,
Leclaire was a legal assistant at a New York law firm with a small
entertainment department. She attended Baruch College in New York City,
majoring in business management and contract law, but she never
completed the necessary courses to obtain a degree.
In May 1995, Leclaire was given the
opportunity to move to Atlanta and work with well-known entertainment
attorney Joel Katz. She started out as a legal assistant for one of
Katz’ associates, Steve Sidman. “I was becoming bored with the work. I
felt I achieved all I could in that position, and I inquired about
assisting the attorneys in a way that would be more beneficial,” she
said. “At that point, having worked in some capacity with each attorney
in the firm, [they] believed I had the knowledge and took a chance on
me.” Leclaire was promoted to an entertainment paralegal in April 2000.
Prior to working as an entertainment
paralegal, Pals worked at nonprofit educational organizations. She has a
bachelor’s degree from the University of California, Los Angeles and a
master’s degree from Columbia University in New York. “I decided to
become an entertainment paralegal when I realized my love of music was
so strong that I wanted to work with other people who also love music,”
she said. “I wanted my work to involve helping musicians, songwriters
and other people involved with music.”
To find a position in the entertainment
industry, Pals researched entertainment industry organizations for about
a year. She also started reading Billboard, The Hollywood
Reporter and Variety to keep current on entertainment
industry news.
Her first entertainment-related job was
working for the music legal department of a film studio. “I drafted
legal correspondence and contracts, with the input and supervision of an
entertainment attorney,” she said. “When the attorney decided to return
to private legal practice, I started working at that firm, continuing to
draft some film music contracts, but also expanding to facilitating a
wide variety of other legal documents and client matters.” Although Pals
does not have any formal paralegal training, she has taken UCLA
Extension classes in the music legal area relevant to her position. She
also keeps up by reading entertainment law books.
Stevens started working as a paralegal
at Gang, Tyre in 1989. She is a certified legal secretary and has an
associate’s degree from El Camino College, where she took classes
dealing with law and real estate.
Stevens said she pursued a paralegal
career because she didn’t want to be someone’s assistant and wanted to
be able to be financially independent. “Law seemed to be something that
I ‘got.’ It makes sense to me, and I still enjoy the legal world. I am
continually fascinated by it, and it pays well,” she said.
Track 3 –
Know the
Business
Before Pals started working in entertainment law, a number of
people told her it was not realistic or likely for her to find work in
the field because it’s so competitive. That didn’t deter her. “There is
a high demand for this type of work,” she said. However, she noticed
many people seeking this type of work have not developed the essential
skills to compete, such as good writing and interpersonal skills. “It’s
very helpful to be a good problem solver, to pay attention to detail,
and of course, to enjoy helping people and providing services to
clients,” she said.
Hay said it’s important to understand
the nuances of the entertainment business and law not necessarily taught
at any school. “I think that experience and confidence are the best
qualifications anyone can have,” said Hay, who also attended the UCLA
Entertainment Law Institute and took a course on film music supervision.
Although Hay isn’t involved in any
paralegal associations, she is involved in music, entertainment and
copyright organizations, and attends events by such groups as the
National Academy of Recording Arts & Sciences, ASCAP and The Producer’s
Guild.
Hay said a successful entertainment
paralegal should have the ability to read and comprehend language and to
communicate effectively and efficiently; to read documents and
agreements of all kinds and to understand the contents and implications;
to see the big picture and to be detail-oriented and organized; to work
efficiently and pleasantly under pressure; to have expert computer and
Internet skills; and to do research independently.
Stevens’ advice to paralegals interested
in entertainment law is to learn all aspects of the law, especially
contracts and litigation. She also stressed the importance of education
and continuing education. She added that a successful paralegal always
should have a good follow-up system in place and be able to handle what
he or she is working on — beyond what the attorney has assigned.
Leclaire agreed with Stevens that to be
a successful entertainment paralegal, it’s important to learn the
business inside and out. “If necessary, start out at the bottom. Be
inquisitive, interested and flexible,” she said. “Always remember you
are working with very creative people and sometimes you have to be open
to new ways of thinking and communicating.”
Leclaire said she acquired most of her
knowledge by working as an assistant and watching how attorneys worked
and interacted with clients.
Since working for Katz, Leclaire said
she has learned a lot about the mechanics of the music business “from
the financial side, to ownership rights, to concessions labels are
willing to make to keep a successful act.” She added, “I also have
learned no two deals are exactly the same so you must diligently read
every sentence of an agreement. You also must learn to immediately adapt
to any situation.”
Leclaire said many entertainment
paralegals start out as assistants and rise through the ranks through
hard work, determination and a love of music.
Hay agreed. “Although the basic
parameters of contract and business law can and should be learned at
paralegal and law school programs or via legal books, I think the most
valuable information on the inner workings of the entertainment industry
must be gleaned from hands-on experience and working under astute
mentors,” she said. “Additionally, since the field and its players are
always changing, keeping informed about current issues in the area,
networking and forming personal relationships with other people in the
industry (of all levels and skills) are the most valuable source for
furthering one’s career.”
Hay said recognizing one’s own talents
and shortcomings is essential to choosing a career path in entertainment
law.
Track 4 –
Experiences and
Challenges
Pals said working in the entertainment industry has produced
some memorable experiences, such as attending an industry event with
musical performances honoring the members of Steely Dan, attending music
and new media conferences to hear some of the ideas prominent musicians
and music professionals are exploring and attending a fundraising event
for uninsured musicians at which several accomplished musicians
performed.
Hay said most aspects of working in the
entertainment industry are unique. “Every day is different and the tasks
and issues are varied and ever-evolving,” she said. “But I must say that
going to Ozzy Osbourne’s 50th birthday party was unique for me.”
Leclaire said the entertainment field of
law is different because there are times when you get personally
involved with the clients. “Many artists confide in you about their
finances, problems they are having with their management or record
labels, problems in their personal relationships. And I have seen some
artists rise to the very top, level off and then completely crash. It
can be very difficult to take that kind of ride with someone.”
Stevens said she used to think
entertainment law was the more glamorous law to practice, but now
realizes it’s all the same. “You just recognize the names you work
with.”
Pals said entertainment law appears to
be different from other areas of law in that the subject matter is
likely to be intrinsically entertaining and interesting. “Entertainment
paralegals might have the opportunity to assist creative professionals,
research song information based in part on their own knowledge of past
songs, hear about upcoming musical activities and new technological
ideas before they are available to the public, and even see themselves
thanked on album liner notes,” she said.
“From working in the entertainment
industry, I have learned it takes a lot of effort for musicians and
songwriters to make a living from their music,” Pals said. “It helps a
creative endeavor succeed to have a competent team of professionals
supporting it.”
Track 5 –
Learning More
Those interested in learning more about music and
entertainment law have many continuing education options, with seminars
held all around the country regarding music, film and multimedia.
“The biggest music festivals are South
By Southwest in Austin, CMJ in New York City and Atlantis Music Festival
in Atlanta,” Leclaire said. “These yearly conferences combine live
performances, trade shows, and various seminars and panels dealing with
every aspect of the music and entertainment industry.”
Leclaire said there also are mentoring
programs available. “Those interested in finding something local might
want to look through the American Bar Association’s Entertainment and
Sports Section.”
According to Pals, in the Los Angeles
area, a number of organizations provide useful seminars and meetings,
such as the Association of Independent Music Publishers (www.aimp.org)
and the California Copyright Conference (www.theccc.org), as well as
entertainment legal classes such as those offered by UCLA Extension (www.uclaextension.edu).
Pals also suggests reading books such as Richard Schulenberg’s “Legal
Aspects of the Music Industry.”
Hay said attending a UCLA Extension
course in film music supervision, UCLA Entertainment Law Institutes,
Thomson & Thomson Forums on current intellectual property issues, as
well as numerous panels, seminars and award events hosted by the NARAS,
the Association of Independent Music Publishers, the California
Copyright Association, Legal Strategies Institute Inc., ASCAP, BMI and
other seminars on copyright law and digital media, have been great
continuing education opportunities for her. She suggests reading books
and publications on music licensing and law such as “This Business of
Music” by M. William Krasilovsky and Sidney Shemel, and “Kohn on Music
Licensing,” by Al and Bob Kohn.
Track 6 –
A Foot in the Door
Although entertainment paralegal jobs are most widely available in large
cities, such as Los Angeles, New York and Miami, there also are similar
paralegal positions in other cities across the United States.
“I interact with entertainment paralegals in New York and California.
Admittedly, most entertainment related jobs are concentrated in those
cities, but there are local bands that need representation also,”
Leclaire said. “I know of various firms around the country that have
small- to medium-sized entertainment practices and there are boutique
firms that cater to entertainers in bigger cities such as Atlanta,
Chicago, Dallas and so on.”
Hay said in her position, she interacts with lawyers, paralegals,
executives of entertainment companies, in-house business and legal
affairs attorneys, copyright specialists, royalty and contract
administrators, secretaries, musicologists, artists, managers, business
managers, vendors and more. “For entertainment and especially music law,
I believe the jobs are concentrated in Los Angeles, New York City,
London and more recently, Atlanta and Miami,” she said. “However, with
the Internet, it’s now possible to conduct certain types of business
from anywhere.”
Pals agreed. “Since client matters are now often conducted by means of
e-mail, telephone and fax, I frequently interact with others, including
entertainment paralegals, across the United States and internationally,”
she said.
Entertainment paralegal positions can be found in many areas throughout
the United States, and many of the positions require top-notch paralegal
skills.
“My advice to people who have a strong desire to work in this area is
persist in seeking an appropriate position even if others try to
discourage you, and develop your writing and interpersonal skills.” Pals
said. “Remember, you only need one job to get started in entertainment
law.” |
