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Dispelling the Myths of Entertainment Law by Laura Spitz There are many misconceptions about arts and entertainment law and the lawyers who practise in this area Arts Alive asked sole practitioner Laura Spitz to com ment on some of the myths which stem, in part, from the stereotypes presented in the media, on televi sion and in the movies.The following is in formation only, not legal advice. If you have legal ques tions or concerns, contact a lawyer. Belief #1: Entertainment lawyers do something special and different than other lawyers. Wrong. An arts and entertainment lawyer performs all the usual tasks associated with the legal profession. She or he negotiates and drafts con tracts, advises clients, and litigates to protect clients' interests and rights in their art, performances and persona. As an artist or performer, you should be looking for a lawyer with some experience in the area of arts and entertainment law. But that should not be your only considera tion. For example, for a particularly complicated contract, an experienced contracts or corporate commercial lawyer may be more helpful. And, simply because a lawyer calls her or himself an "entertainment lawyer" does not necessarily mean the lawyer has the skills necessary to tackle your particular problem. In the end, get as many recom mendations as you can from friends who have used lawyers for situations similar to yours. the Wall Street Journal, "One of the great frauds that has been perpetrated in the entertainment business is that conflict of interest has been turned into a positive. These performers think: `Oh, my lawyer represents all sides, so he'll be able to get me a better deal." A lawyer cannot look out for two or more sides whose interests are presently or likely to conflict. For example, a record company wants the best possible deal for the record com pany. A musician wants the best possible deal for the musician. The company's and the musician's percep tions of a good deal are likely to differ. Leonard Marks and Robert Mulvey are New York attorneys who have written extensively in the area of Laura Spitz, sole prac F If a future employer tells you not to worry, his or her lawyer will take care of the whole thing--you should worry. Get independent legal advice (that is, the advice of a lawyer you can call your own). In particular, be wary of contracts containing written disclaimers acknowledging that you had the right to seek independent legal advice, but chose not to do so. In British Columbia, we have strict ethics rules governing lawyers and conflicts of interest, If you have any questions or concerns about a lawyer's representation of your inter ests or a potential conflict of interest, you can call the Law Society of British Columbia. titioner, offers information on entertainment law and the lawyers who are attracted to the arts. C) < 12 "If a future employer tells you not to worry, his lawyer will take care of the whole thing you should worry" -- Belief #3: Artists and entertainers do not need lawyers. Wrong (or not necessarily true). Even if you feel that you do not need (or cannot afford) a lawyer during the negotiation process, you should always have a lawyer look over any contract before you sign it. The con tract may say something different than what you think it does (words in a legal contract can mean something very different from their meaning in everyday jargon). The contract may not be enforceable. Or worse, it may be binding and more far-reaching in its scope than you ever intended. You may lose control of your art, or even your career. In Marks' and Mulvey's experi ence, faced with the prospect of signing a new deal, artists and enter tainers give future legal problems, business difficulties, tax considera tions and estate planning very little thought. Make sure someone con cerns themselves with these issues on your behalf. ethics and entertainment law. In an article written for the book, Counseling Clients in the Entertainment Industry, they point out that arts and entertain ment law is parcu1aiiy prone to situations where conflicts of interest arise. "Because of the interlocking web of relationships inherent in entertain ment contracts involving agents, personal managers, producers and distributors, entertainment law is fraught with conflicts of interest, particularly where the lawyer dons an additional hat and takes on a manage rial role or enters into a business relationship with his [or hen clients." Belief #2: The production company's / art gallery's/record company's! publisher's lawyers are also work ing for you. Wrong. Owen Sloane, a Los Angeles attorney who represents Kenny Rogers and Frank Zappa, told