Entertainment Lawyers Blog

The Rhode Island Film Tax Credit, although a controversial law, is not unlike similar laws passed in over 30 States. The Rhode Island legislature recognized that the television and movie industries can generate an infusion of capital into the State and drafted the law to encourage production companies to seek out Rhode Island.... And with good reason. Rhode Island really is uniquely qualified for a number of various types of productions. We have a bustling downtown and financial district, a vast artist community, beaches, historical landmarks, Newport, etc. In addition to the capital that film and television productions bring into the State, we also benefit from increased publicity and tourism.

The Rhode Island Film Tax Credit has been a success in bringing on new productions, although many Rhode Islanders do not feel that it has been a sufficient economic success. Regardless, the tax credit remains and Rhode Island continues to encourage production companies to the State.

The Rhode Island Film Tax Credit offers a fully transferrable tax credit equal to 25% of the total production budget for state certified production costs incurred directly attributable to activity within the State. The credit also applies to staff salaries for actors, directors, etc who do not live in Rhode Island. The minimum budget to qualify for the credit is $300,000. So long as that budget is met, the film tax credit will generally apply regardless of the type of production: film, television show, commercial, music video, etc.

What makes the Rhode Island Film Tax Credit so desirable is that it is fully transferrable. This means that the credit can be sold to offset production expenses. Generally speaking, companies with a large Rhode Island tax bill are willing to pay 90-95% on the dollar for purchase of the tax credit. For these companies, they are still saving 5-10% of their total Rhode Island tax bill.

In another use of the tax credit, I recently worked on a film shot in Rhode Island by a Rhode Island production company, who took a loan out to finance production against the sale of the tax credit that they would eventually earn. This was a very creative way for an independent production company to help finance their motion picture.

If you are a production company looking to shoot in Rhode Island and seeking a local entertainment lawyer to assist you with the Rhode Island Film Tax Credit, please feel free to contact my office.

For many possible reasons, artists inquire with my entertainment law office because they feel that they are owed royalties. Sometimes, artists believe that they have not been paid enough in royalties, or sometimes, no royalties at all have been paid. If you have a viable legal claim to royalties that have not been paid or have been underpaid, my office may be able to help you.

The two most common scenarios for unpaid royalties or license fees that my office sees are: 1) Your song is used somewhere without your permission; or, 2) you wrote the music or contributed to the song but have not been given appropriate credit or payment.

Your song is being used somewhere without your permission

You may be shocked one day to find your song for sale somewhere or being used somewhere that you were unaware of. A couple of examples that my office has dealt with recently included a producer who found his beat used in a commercial without permission and a rock band who found out that someone else had posted their songs on Itunes.com for sale. In both cases, these actions were taken without the copyright holders permission and without appropriate payment.

You have not been paid or given appropriate writer's credit

This scenario occurs most often with hip-hop producers. You create a beat that finds it's way to an artist and is turned into a song. You may have forgotten that you even shared the beat with the artist. Soon enough the completed song with lyrics over your music is for sale and even though you contributed to half of the song's creation, you have received nothing for your efforts. I know that producers create thousands of beats and hooks and often share them with anyone who shows an interest, but I strongly encourage you to have an agreement in place as to how you will be paid if the beat turns into a successful song.

On some occasions, the producer has taken the appropriate steps and prepared a direction to pay for the publisher. With a direction to pay signed, the publisher is instructed to ensure that you receive your fair share of the royalties when the royalties are distributed. Even when this correct step is taken you find yourself without pay because the direction to pay has been ignored.

You must know that as the copyright holder, your music can never be used without your permission. Anyone who uses your material without permission is liable to you for damages. My office can help you recover these damages and in some circumstances we can take your case on a contingent fee basis. That means that you do not have to pay me a retainer upfront, instead I will take a percentage of the damages recovered on your behalf. If you have been the victim of copyright infringement or unpaid royalties, call my office for a free consultation.

An option agreement is one of the most common contracts by which producers secure rights to a story or concept from the screenwriter, novelist or owner of the intellectual property that is being considered for a film or television show. In an option contract the producer obtains exclusive right to shop or "option" the contract to production companies, networks, venture capitalists, or any other corporate body that can or will bankroll the production of the story. This exclusive right is usually short term, generally a year or less, and if the story is not financed at the end of that time, the rights revert back to the owner without any change. Usually a small fee is paid to the owner of the story for the right to the option. Let me attempt to clarify with an example. You are a screenwriter (regardless of your experience or credentials) and you have a script that has garnered some interest. A producer may offer you an option contract while he or she performs the necessary background work to try and have the film greenlighted. The producer has not purchased the screenplay from you or any rights to the screenplay, he or she has only purchased the exclusive right to use the story if proper funding is made available. This can be a lengthy process for the producer who has to "package" the idea in a format pleasing to possible investors. For this reason, option contracts are generally at least one year in length. The producer has to identify potential directors, actors and financiers for the project. If a well known actor or director agrees in principal to participate in the film it may help financing. The producer can then take the package to studios for potential distribution. If the stars all align for you and the project makes financial sense, the option will be exercised and you will then sell all rights to your screenplay to the producer. If the producer is unable to obtain financing, the option will lapse (after the agreed length of time) and the rights to the screenplay will return to you. You can then option it again at your pleasure. The option contact should identify the amount to exercise the option. In other words, if the project is sold and the option is exercised by the producer, the amount owed to you for the screenplay should already be pre-determined. Unfortunately, screenplays from relatively unknown writers are likely to earn very little, but the money is always a help and it is a bright star to a new career. The fee paid to you for the year option is generally based on the option to buy price. In other words, if the option to buy the screenplay is set at $50,000 you may expect an option price (for the one year to try and sell the project) of 5,000 to 10,000 or 10 - 20% of the total. You should be aware, however, that with the huge number of story ideas and screenplays on the market, producers are paying less and less for option contracts, particularly from unknown or emerging writers. It is possible that the producer may ask you for a free option or a very low-fee option. This is particularly true of the television market. If you are a producer looking to option a story or a writer who has been offered an option contract, contact my office right away for a free consultation. Let me help protect your rights and ensure a smooth process from story to pre-production!

The Rhode Island Film Tax Credit, under Rhode Island General Laws 44-31.2, is a contentious statute. The law provides for a fully transferrable tax credit equal to 25% of all Rhode Island spending for any TV or film project with a minimum budget of $300,000. "Rhode Island spending" also includes the salaries of any actors, actresses or other film crew who are not Rhode Island residents.

The Rhode Island Legislature created the tax credit to follow dozens of other States that have created such laws to encourage filming within the State. The laws preamble states that Rhode Island is uniquely suited due to our natural landscape and resources, diverse populations, varied climates and historic towns to provide settings for the film and TV industry. The State wants to tap into the billions of dollars that the film and TV industries produce each year while creating jobs and boosting tourism by highlighting the many benefits of Rhode Island. A great idea and, in my mind, a great law.

The film tax credit is incredibly valuable to film and TV producers and I believe that it will continue to draw business into the State. A film that I am currently working on as lead counsel, has generated a loan based on the projected film tax credit. This loan has been invaluable in putting together a budget to make the film. Quite honestly, the film, which happens to be produced by Rhode Island natives, might never have been greenlit without the Rhode Island film tax credit. Similarly, production companies can sell the tax credit (usually for 90-95% of the total value) to outside companies and take that money to help recoup the massive cost of producing a film or television project.

The Rhode Island film tax credit is nevertheless contentious. Many argue that the credit is so favorable that Rhode Island makes no money off of productions filmed here. In truth, some projects have started in Rhode Island to take advantage of the credit only to be pulled shortly thereafter back to New York or California. It is frustrating that Rhode Island has not become the Hollywood of the east that this film tax credit promised. Rhode Island, however, particularly Newport and Providence, have booming tourism industries which may be in part to greater global recognition and the few projects that have been filmed in the State have created hundreds of jobs (albeit temporary) for Rhode Islanders.

Film tax credits are contentious in other States as well including New Jersey which has a similar law. Just today there is a story about the New Jersey Governor attempting to pull the tax credit from the reality show "Jersey Shore" because he feels the show paints the State in a negative light, which is the exact opposite reason why laws like this are created. I personally do not think that the Governor can make such a step unless their film credit statute has some form of quality or morality control. Otherwise, there is no basis to deny a credit to a show simply because you do not like it.

If you are a TV or film producer looking to make a feature length film or a music video contact my office for a free consultation. I can help you understand and work with the Rhode Island Film Tax credit while you get your project underway.

Recently I was asked by the president of the Pawtucket Bar Association to give a speech on entertainment law. Last night, I had that opportunity to speak and chose the topic of Copyright law since it is something that all lawyers, even those not in entertainment law, brush up against during their practice. It was both a pleasure and honor to be asked to give this lecture for CLE credit and acknowledged as a leader in the area of entertainment law.

The lecture covered a great number of topics including:

• The basics of copyright law;
• How to file a copyright application;
• What copyright protects and what it does not protect;
• Copyright infringement lawsuits;
• "Works Made for Hire"

Gratefully, the audience was very interested in the topic and had a lot of questions. Since many of the attorneys in the audience represent local businesses, it was no surprise that a lot of questions surrounded the royalty collection companies, BMI and ASCAP and how they charge different business for licenses to play music. Every local business, whether it is a rock club, or a small local diner with a jukebox, needs to pay a license fee to BMI AND ASCAP to legally play music in the establishment. It is true that both agencies need to be paid because they represent different artists and there is no way to ensure that you are not infringing on copyright if you have not signed up with both agencies. These companies have complex processes for determining the amount of money that a particular venue has to pay, but you can imagine that a nightclub will owe significantly more than the diner with a jukebox.

We also talked about a local business that was forced to close down after ASCAP filed suit for copyright infringement because no license fee was paid to ASCAP to play music from its member artists.

If you are in the film industry - or want to be in the film industry - and read a short story, novel, article, or other published material that you think would be a great subject for a movie, then your next step should be to contact an entertainment lawyer to help research the rights to the material, and if possible, help secure the film rights.

As readers we tend to be extremely visual and for that reason we have all had the experience of saying "This story would make a great movie!" And you're probably right... if a production company can turn a boardgame with no story line (i.e. battleship) into a movie, then I'm guessing there is hope for that novel you just finished.

Film rights, are a copyright to make a derivative work from a previous work (in this case a short story or novel). No one, at any level, should become involved with a film project unless the film rights are properly secured. Do not attempt to "adapt" or "modify" the story to avoid the proper rights because potential litigation can ruin your entire production.

The first step in the process is to investigate ownership of the copyright. This can be done by directly contacting the author or the publisher. Unless, of course, the work is in the public domain (i.e. Shakespeare) you will likely be told by the copyright holder that the film rights are available or that they are not available. If they are not available it is most likely because the story has already been sold or optioned to another person or production company. If that is the case - you're out of luck, at least until the option expires. Ask the writer if he or she has any other great stories.

If the film rights are available, then we can begin to negotiate a purchase or option. In most scenarios, film rights are "optioned". This means that for a small fee (roughly 10-15% of the total film rights) you are contractually guaranteed the exclusive rights to create a film based on that story. A non-exclusive option can also be purchased for a much smaller fee but you risk another production company releasing your movie before you do. Do not be afraid to negotiate the total fees, as most writers will be willing to listen to your offers especially if they appreciate your artistic vision of their work. Once optioned, you will have a limited amount of time to get the work financed or "greenlit". If you are unable to greenlight the production within the option period (usually a few years) then the option rights expire and they return to the copyright holder who can sell them to another interested party. If you are ever wondering why that bestselling novel has never been turned into a movie it is likely because it has been optioned a dozen times and never greenlit for production.

An option allows a producer to reduce risk. If you fail in brining the story to the big screen you have only lost the option cost, a small percentage of the full story rights. Once the project is greenlit and ready to be made, the remaining balance of the film rights will need to be paid to the copyright holder.

My office is experienced in negotiating and securing film rights from previously published works. If you are new to the film world, it is best to aim your sights lower than Dan Brown or John Grisham's new novel, but that does not mean that hundreds of thousands of other excellent stories can not be secured for a reasonable fee. An obscure or aspiring writer may grant film rights to a producer on a micro budget because it will be both extra income and exposure for his or her work.

No matter what your budget or experience, my office can assist you in securing film rights for a project you want to undertake. Contact my office right away for a free initial consultation so that we can discuss your options and begin to research the film rights to your next movie.

I have long understood that for many artists and beginning entertainment professionals, the cost of a talented entertainment lawyer can be prohibitive. It is for that reason that I offer the "Getting Started" program in which I can review a contract for you for as little as $500. In some circumstances, the amount of work that your entertainment lawyer is required to do can be quite costly and while your career is looking up, the money just isn't there. In certain circumstances, I can be retained on a contingent fee basis. A contingent fee is most commonly used in personal injury cases. They are the formal name for "no fee unless we win" arrangements. In other words, you do not have to pay a retainer up front and I am not paid until money is obtained for you. The percentage that I will retain for my fee depends on the type and amount of work to be done. The two most common scenarios (and there may be many more) in which I have accepted a client on a contingent fee basis are:

1. Your career is really beginning to take off (although the money is still lacking) and you need an attorney to protect your rights as you climb to the next level. I have worked with several artists on the verge of a recording contract. I have reviewed the contracts, negotiated better terms and help aid the act on to stardom. In these cases, my work was done for free until the recording advance was paid at which time I took a reasonable percentage as payment.
2. The other most common scenario is to collect unpaid royalties. There are many reasons why royalties are unpaid. It can be copyright infringement, a record label failing to correctly maintain "the books" and short-changing you on income, or a producer who hasn't been paid his "points" under a production agreement. In these cases, I may accept your case and fight for the money owed to you on a contingent fee agreement.

There are, of course, other scenarios as the entertainment industry is as complex as any industry in the world, so I am willing to listen to your story if you think that your case might be appropriate for a contingent fee basis. That said, remember that my rates are always fair and there is no reason for you lack appropriate representation. Call today and we'll discuss the status of your career and what an entertainment lawyer can do for you.

Talented entertainment lawyers have written entire treatises on the subject of book publishing contracts and agreements, so how am I to treat the topic in one blog post? Simply put, I can't. This post is meant to be an introduction to the world of book publishing that might answer a few of your questions if a contract has been offered to you and will explain how an experienced entertainment lawyer assists writers with the review and negotiation of your book publishing agreement.

Thoughts on the Royalty Rate

In a book publishing agreement, the publisher is purchasing select rights from you to print the material. There is quite a bit of boilerplate language common to all contracts and there is the all important discussion of the royalty rate. More important than the actual percentage of royalty paid to the author, which in the world of fiction at least is generally 6-15%, is what that royalty percentage is based on. Is it net receipts or gross receipts? Is there a difference between hardcover and paperback sales? Is the royalty rate affected if the book is sold from the discount bin? These questions and others can greatly affect the amount of money you receive from sales, so temper your joy with the deal that gives you 25% royalties in case they are based on numbers favorable to the publisher.

Multi-Book Deals and Cross-Collateralization

If you were lucky enough to sign a multiple book deal, or if you are on the third consecutive contract for a single book, you may have to consider a cross-collateralization provision. This provision allows the publisher to take deductions from one account (or contract) to cover losses in another account (or contract). For instance, your first novel was a success which led to an agreement for a second novel. Unfortunately, you hit a sophomore slump and the second novel did not sell well, in fact, it did not earn back the retainer given to you by the publisher. You are given one more chance with the third novel and it is again a success. Under a cross-collateralization agreement, the publisher could take proceeds from the third novel to cover their loss from the second novel. There are things that an entertainment lawyer can do to limit your impact from such a provision.

Subsidiary Rights

In today's world of Kindles, Iphones and other E-readers, one of the most important subsidiary rights to discuss are electronic versions of your novel. Traditionally, these rights have been difficult to obtain, particularly for first-time writers, but the fight has been increasing as sales of e-readers and electronic copies has skyrocketed in the past few years. Other subsidiary rights also include: translations, condensations (or abridged version) audio versions, etc. Obviously, you want to retain as many of these rights as possible in negotiation.

Out of Print Clauses

In some cases, the rights to the work will revert back to you when the book has gone out of print. Such language should be specifically included in the contract as well as defining what constitutes "out of print". Publishing houses differ on determining what constitutes "out of print".

Conclusion

There are countless other provisions and considerations in a publishing contract and it is imperative that you allow an entertainment lawyer to review and negotiate your contract. The novel you are writing may spawn several sequels, sell well beyond its projections, be optioned for a film, or it may bomb entirely. Contact my office today so that you are covered for every possible scenario.

One of the first questions new music clients ask me is whether they should register with BMI or ASCAP? And what about Soundexchange? Oh wait, and there is SESAC as well!! I'll take some time on this post to introduce these companies and explain what they do for artists and performers. Which company you choose to work with is largely a matter of preference but is something that can be discussed in more detail with your music attorney.

These companies are all "performance rights licensing agencies". As you are well aware, once you create a song, you own the copyright to that song. No radio station or nightclub can play that song without violating your copyright. BMI & ASCAP exist because no artist (small or large) could possibly track down every radio station, nightclub, restaurant or dive bar across the country (or the world) playing their music. Instead, an artist registers with either BMI or ASCAP - and to answer the question posed in the header to this post, writers of music are only allowed to register with one company - and trusts in them to collect the performance royalties due. Quite honestly, neither BMI or ASCAP knows how many times a local radio station plays your song, so they have each created complicated algorithms based on an artist's popularity, record sales, tour profits, etc. It would require a mathematician much more skilled than I to discuss and explain how these companies determine who gets what. Nevertheless, BMI & ASCAP are the two masters of the universe and there has been little argument over their decisions regarding royalty payouts.

You may not be aware but every single restaurant, bar, nightclub, shopping center, etc. that plays music is paying a flat fee to both BMI & ASCAP for permission to play the songs in each companies respective catalogs. These fees can run from a few hundred dollars a year to several thousand dollars a year and popular radio stations can pay tens of thousands of dollars in royalties to BMI & ASCAP.

ASCAP (American Society of Composers, Authors, and Publishers) is the first and largest royalty collection group. Started shortly after enactment of the Copyright Act of 1909, ASCAP was created by artists to protect their royalties - which until that time were being monopolized by the publishing companies. BMI came around a few decades later created in large part due to fear that ASCAP had created a monopoly. It is now the second largest collection agency. SESAC was actually created before BMI but remains much smaller to this date. SESAC prides itself on "quality versus quantity" and maintains a small catalog meant to foster a close relationship between artist and agency. Joining SESAC is very difficult and all but requires an invitation.

Finally to the question, which is best... I personally find BMI to be the easier group to work with and my experience is that they tend to pay more in royalties (particularly to young and emerging acts). That said, there are others who believe that because ASCAP was created by and for musicians, that they are still the best way to go. In truth, the differences between the two agencies is negligible and your choice should be made after a detailed discussion with your entertainment attorney.

And I almost forgot that I mentioned Soundexchange.... Soundexchange is a relatively new company created out of the internet generation. It is not in competition with BMI or ASCAP, rather it is a company to be joined in addition to either of the above. Soundexchange collects performance royalties for internet and satellite radio play.

It is also worth noting that publishers (unlike writers) are allowed to be a member of each agency. However, you will run into a conflict if you are an artist who is also self-publishing your work... in such a case, best to pick one agency and run with it.

This is about as brief as I can be on the subject. To no one's surprise this element of the music industry is as confusing and complicated as every other element of the music industry. Call my office today and we can discuss the above agencies or any other issue facing your musical group. Furthermore, I can help you register properly with each agency to ensure that you start collecting the royalties you so truly deserve for all of your hard work!

Continue reading "BMI, ASCAP or Soundexchange... Or All of Them?" »

The law of copyrights is so complex and open to interpretation that even a seasoned entertainment lawyer such as myself, on occasion, has to hit the research trail before giving an answer. I will cover the basics of copyright law in another post, but for purposes of this post, I am going to describe a more particular concept, namely the doctrine of fair use.

Understand first and foremost that as an artist you own the copyright in your work the moment it is created. By filing a copyright with the US Government, you are not obtaining your copyright, you are merely registering the copyright. Registration is an extremely important step that will protect your rights if you ever find yourself in a copyright lawsuit. Because you own the copyright, no one is allowed to reproduce or exploit your creation without express permission. For example, if you sell a painting to an art lover, he or she can not take that image and create a line of T-shirts unless you created the work as a "work made for hire" or if the purchase of the art EXPRESSLY included the transfer of copyright ownership.

That does not mean, however, that every single use of your work constitutes a copyright infringement. This is where the doctrine of fair use comes into play. Fair use is an exception to customary copyright law and is most often used for commentary, news, research, teaching, or criticism. In order for a use to qualify under the fair use doctrine, there is a four factor balancing equation.

According to 17 U.S.C. 107, the four factors considered are:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.

The Supreme Court has historically viewed the fourth factor as the most important but recent decisions have suggested that in determining fair use, all four factors should be considered and given equal balance.

The practical use of the doctrine comes into play when a student quotes from a book or poem while writing a thesis or a movie reviewer quotes from a scene while giving his or her opinion. In these instances, there really is no issue of fair use and the copyright owner would not even consider an infringement, but other uses are not so clear (such as parody, internet use of a work, etc).

My office has been involved with both sides of copyright cases. If you are an artist who feels that your copyright has been infringed, my office can help. If you are someone looking to legally use copyrighted material, we can help you to obtain the appropriate licenses so that you can use the work free from fear of a lawsuit. Bear in mind, if you are creating a film or writing a book that is going to "borrow" from copyrighted material - the costs of a proper license may be far less than the penalties and legal fees that may face in a copyright infringement lawsuit.

Yesterday a client calls me and asks if he can prevent his former band from playing music that he wrote. (For the most part the answer is yes, but it can become complicated). While I have been the band's music attorney for over a year, I was not surprised to hear that there was a disagreement that resulted in one of the founding members leaving. I wasn't surprised because it happens everyday! Those best friends of yours in the band who you spend every waking minute with and couldn't think of fighting with may one day be a thorn in your side. Music is a stressful industry. It takes a lot of time and money while trying to make it and sometimes band members may feel that other members are not pulling their weight, or they have a personal falling out. Either way, the band as it once was is done for good. When a member of a band leaves there are a lot of questions that need to be answered:

• Who owns the music?
• Who owns the equipment, van or merchandise?
• Can the remaining members keep the name and the music?
• Does the leaving member have a right to damages for time and money put into the project?
• What happens to the existing copyright(s) or trademark(s)?
• Does the replacement member have the same rights as the exiting member?

All of these questions and the countless others that will inevitably come up when a band changes members, can be answered in advance with a band partnership agreement. These documents can be prepared quite easily by an entertainment attorney such as myself. The band members agree to a number of provisions in advance (while you are all still friends) and create a binding contract with one another when the seemingly inevitable break-up occurs. My office can draft this contract on your behalf for as little as $500. The other great thing about these contracts is that they are created custom for your band and the circumstances of your group. We can include (or exclude) any term(s) that you like. Do not leave yourselves wondering what will happen to the band name or the money in the band account if the band is broken-up - resolve it ahead of time with a band partnership agreement.

For every aspiring artist or musical group playing in front of crowds of 20 the ultimate goal is to be offered a recording contract and the chance at stardom. If you or your band has been offered a recording contract, keep in mind that this is the most important contract you may ever sign and it is imperative that you have an experienced entertainment attorney review the contract before you sign. I have written, reviewed, and negotiated nearly a hundred recording contracts and no two contracts have ever been the same. While there are a lot of common provisions in recording contracts, the agreement in its entirety is always unique. Some contracts are a few pages and others can run for 30 or more pages. Furthermore, next to complex corporate transactions, music recording contracts can be some of the most confusing and difficult contracts for a lawyer to decipher if they are not experienced with the music industry. While the contract will cover a great deal of topics, the most important terms that need to be considered and negotiated are:

• Length of Contract (with options likely)
• Royalty rates
• The Advance
• Controlled compositions
• Scope of the contract (to what extent does the label control the entire act)

In addition to reviewing the contract and explaining the pros and cons of signing, my office has experience with negotiating better deals for clients. Do not be afraid to let the record label know that you have hired an attorney to review your contract and do not be afraid to let the attorney try to negotiate a better deal. Many artists are so anxious to sign any contract that they do not want an attorney to try and negotiate a better deal for fear that the record label will put out of the deal. I ASSURE you that if the record label wants to work with you that they will NOT back out of a deal merely because your entertainment attorney contacted them to discuss terms. In fact, they anticipate and expect to hear from an attorney - any artist who takes their career seriously will have an attorney protecting their interests. I can review your contract, in some cases, for as little as $500 and write a detailed opinion letter for you outlining the pros and cons of the contract in "common english". If negotiations follow, we can arrange a reasonable additional fee. At this price there is no reason for you to sign such an important contract without review by a music attorney. If money is a serious issue but an advance has been offered as part of the recording contract, then I may be able to forego payment until the advance has been obtained.

I am very excited to introduce this new website and blog dedicated solely to my entertainment practice. In the following months and years I will post articles from every area of my entertainment law practice including:

• Music
• Film
• Theater
• TV
• Actors / Models
• Literature

My practice began by representing a few musicians and music producers and has grown exponentially through positive reviews and word of mouth. A few short years later and I've now represented hundreds of clients in the music industry, both artists and record labels, and have worked on every imaginable contract:

• Recording contracts
• Licensing Agreements
• Management Contracts
• Mechanical Licenses
• Copyright & Trademark
• etc.

Following the tremendous growth of my practice in the area of music, I expanded into film and television, theater, and the representation of writers and screenwriters. Rhode Island has made a strong push in recent years to draw film and television studios and I am very excited to have been part of several projects. I have just begun work on an ambitious project - a film adaptation of a Stephen King story. When it comes to drafting and negotiating contracts, I can represent clients anywhere in the Country. In fact, many of my clients are from outside of Rhode Island and Massachusetts where I have offices. In this era of email, fax, Skype and social media it is incredibly easy to work with a client even if thousands of miles away. In fact, one of my clients is a heavy metal act out of Germany! I hope that the information I post on this site is helpful and that it answers questions you may have. I welcome comments and encourage discussion. If you are an artist, musician, filmmaker, writer, or any other party to the entertainment industry, please call for a free consultation. I can help protect your interests and get your career on track.