Jianming Shen, Esq. ( js@shenlaw.com )
Representing performing musicians and other artists in the international arena requires good mastery of the English language, solid legal education or training, as well as multiple and inter-field skills and expertise – Transactional, intellectual property (mainly copyright), and litigation, to say the least. An effective attorney or attorney group representing an artist or a performing group may be expected, and should be prepared, to provide any of the following legal services:
• Copyright registration
• Providing artists with advice on copyright ownership , use, and fair use issues
• Providing artists with advice regarding renewal, termination and reversion of copy rights
• Providing artists with advice on maintaining trade secrets where viable
• Draft ing and negotiating music or other performing arts license agreements (copyright, and/or trade secrets)
• Draft ing and negotiating production agreements
• Draft ing and negotiating individual artists' or performing groups' agreements for concerts or other performances
• Drafting and negotiating music recording agreements
• Drafting and negotiating publishing agreements
• Draft ing and negotiating arranger, copyist, music engraver and transcriber agreements for musicians
• Drafting and negotiating agency agreements with artists' agents or personal managers
• Draft ing and negotiating radio broadcast agreements
• Draft ing and negotiating music production agreements
• Draft ing and negotiating broadcast agreements for commercial and non-commercial television stations
• Draft ing and negotiating Internet radio and streaming services customer agreements
• Draft ing and negotiating agreements for live event streaming
• Draft ing and negotiating online content license agreements
• Providing artists with advice regarding royalty disputes
• Providing artists with advice regarding copyright infringement or trade secrets misappropriation disputes
• Providing artists with advice regarding other contractual and non-contractual disputes
• Negotiating settlements of disputes on behalf of artists
• Representing artists in litigation, arbitration or mediation regarding royalty disputes, copyright infringement disputes, trade secrets misappropriation disputes and other disputes.
In a nutshell, counsel for a musician, an artist or a performing group should particularly possess expertise in the drafting and negotiating of license agreements , performance agreements, agency agreements, as well as in the areas of copyright infringement and royalty litigation . He or she should be positioned to offer his or her music or other art clients an inter-disciplinary approach to many of the complex concerns characterizing modern entertainment law.