Advice from the EXPERT!!!

As a business owner there are many areas that will require you to seek legal consultation. This last month in my Advance Entertainment Law class we talked about many different legal issues that may arise through out our journey in life on a business aspect that is. 

In order to better understand what life is like in the entertainment industry and how I can succeed and by pass many legal aspect. I decided to interview a colleague of mine, who is very talented, she is very inspiring. Rita Haley-Austin; Rita is beautiful inside out. Yes she is an attorney she's about business but she makes it her job to make sure she gives back and help those succeed that is inspired to succeed. Below you will find an interview I conduct with Rita about her journey and advice she would give to me.

Me: Tell me a little bit about yourself! (Educational Background and Work Experience)

Rita Haley- Austin Esq: My name is Rita Haley-Austin, Esq. I am a privare attorney based in Chicago Il. I am also licensed to practice in Minnesota and have license pending in Washington DC. I completed undergrad studies in Chicago with degrees in psychology and political science, and completed my JD in Minnestota. I practiced in Minnesota for a year (criminal defense, family law and civil litigation) before returning to Chicago.  Prior to becoming an attorney, and into the current, I have been actively operating an entertainment company in Chicago that specializes in artist and athlete management, business branding and houses a film and music recording studio. My law practice in Illinois consists of criminal defense, foreclosure defense, family law, entertainment and sports management, and civil litigation. 

Me: How did you gain an interest in the Legal aspect of Entertainment? What/Who influenced you?

Rita Haley- Austin Esq: I have always wanted to be a lawyer (and my family knew very early on that I would be) but I come from a musically inclined and artistic family. My mother was a professional singer prior to her early and untimely death, my father is a sculpture, one sister is an artist, the others graphic designer and fashion consultant. My grandfather played harmonica and guitar in a blues band for most of his life, and my children are all musically inclined. My oldest son (17) plays the drums, my youngest son (14) plays the guitar, my oldest daughter (16) sings, plays clarinet, piano, sax and is currently learning guitar. My aunts are both vocalist, uncle an actor, and I am a singer and writer (song and novelist). So...it was a natural mix to find a way to incorporate my love of the law and litigation with my love and background in the arts. I grew up in the motown and blues era's so I was heavily influenced by that type of music. Some of my favorites were Aretha, Bobby Blue Bland, BB King, Al Green, Ann Nesby and the like. I also enjoyed plenty of jazz (Al Jareau, Anita Baker, Kenny G)! Despite her issues of late, Whitney Houston had the most impact on my youth, along with Toni Braxton and Anita Baker. Their level of class and sophistication in what they did was just.....  As a young child my mother had my sister and I involved with acting and modeling. I did print ads for Sears, KMart and Kids R Us and I acted until I was 14. 

Me: What are some common legal issues your clients face and how can this issues be avoided?

Rita Haley-Austin Esq: My clients are always in the midst of some contract dispute. That seems to be the most common issue among the entertainment and athlete folks. Regardless of what is initially agreed upon, careers change and laws change. They are both to fluent to keep a strong hold of realistic expectations. For instance, at the beginning of an artists career they don't really have much leverage so they contract for what they can get. Often, when the artist 'blows up' their bargaining position changes and they want to (as well they should) renegotiate for a better deal. The labels are not very receptive to this. Then the artist wants out and the label wants to bind them. These cases usually wind up in court. Athletes are governed by collective bargaining agreements so its a bit different, but their are parts of the contract that are still negotiable and these are the areas that always come into question. 

Me: I am looking to open up my own production company that specialize in design and planning (Love Jonz Soiree Inc). I would like to have several departments that will meet the needs of many individuals in the entertainment industry. From Event and Meeting planning, Image Consulting, creating a design for a set, managing an artist to helping others develop their career. Just a one stop shop for all your entertainment needs. What advice can you give me from a legal stand point to help me get started. What are some laws I could look into to help my business become success?

Rita Haley- Austin Esq: Get your structure right from the beginning. You certainly want to be incorporated if you can. This protects your personal interests and separates you as a person from the business. Entertainment based businesses are considered high risk in every aspect because the likelihood of litigation is ever present. Insurance is key. Artists of every sort are temperamental and they expect you to make miracles happen (think of the case of the hairdresser who's client want her to make her look like Mariah Carey when the client is 4'9 200 pounds and has 3 inches of hair). When you can't give them what they want (no matter how unrealistic) they are ready to sue. Insurance is critical. Separate the departments, don't try to do everything yourself. If you are anything like me you will want to take care of everything yourself. Don't be afraid to delegate. Put competent people in key positions and then let them do their job. It will make your life a lot easier. (And make sure those people are qualified for their job. Hire an accountant, not your aunt Sally who does everyone's taxes). f there's a problem those people have their own insurance and are licensed by boards that make them legally responsible for their actions. Keep your paperwork in order. File registrations timely and pay your taxes. Don't mess with administrative agencies and hire an attorney at the onset. This is not the area to cut corners; any money you save on the front end will cost you 2 to 3 times as much on the back end if not more. 
Me:In addition to owning my own operation I am considering going to Law School to be come an Entertainment Lawyer. Tell me a little bit about you law school experience and some of your accomplishments.  Provide me with some advice and information that will help me decide if how to prepare myself mentally and physically for law school and if some advice and or resources that will help me determine if law school is truly for me.

Rita Haley-Austin Esq: LAW SCHOOL IS HARD.... its time consuming and very stressful. 

 1) make sure you have a support system in place. If you have a family, they should be very clear going in that you will not have much (if any) time for them during this time.

 2) Be prepared to work hard. This is not an endeavor to be taken lightly. everything you think can happen will. There's alot of reading, alot of thinking and very little else. 

 3) Do what they tell you to do. 

This interview with Rita has motivated me to continue on my journey in the entertainment industry as an entertainment lawyer. I thank Rita for all her help and encouragement. I know have a better understanding when it comes to business liabilities and laws.

Reference:

Rita Haley-Austin, Esq.

Attorney & Counselor

312-380-5733 (office)

320-656-5397 (fax)

708-359-5468

Industry Liabilities

When starting out in the entertainment industry one should always do your homework and look at all the possible things that can be a potential set back. Legal issues tend to be one of the most important aspects of ones business and can lead to good and or bad results. This week in my Entertainment Law Class we are talking about Industry Liabilities. Copyright seemed to be one of the biggest issues in the entertainment industry. Listed below you will find examples of some controversies that have an impact on the industry.

CASE#1 eBay loses copyright infringements in Europe.

This case talks about how eBay being sued for allowing its users to illegally use trade makes for big brand companies. eBay argues that they should not be liable for the products or information that the clients uses on their site to run a business. The courts rules against eBay and they are found responsible for trademark infringements. In my opinion I have to agree with the courts, eBay should pay close attention to the information and products that they allow their clients to sale. Because eBay is the host they should make sure each client has the permission and right to use other’s trademarks. A lot of the times clients will think that the company hold the license and will take full responsible if something like this were to arise. It is the responsibility of eBay to make sure their clients follow all the rules and law of copyrights. This will protect eBay from future lawsuits.

http://www.thinq.co.uk/2011/7/12/ebay-loses-trademark-infringement-case-europe/ Retrieved July 10, 2011

Case#2 YouTube, Google Vs Viacom

Viacom file a suited against Google and YouTube because they say “Google and YouTube are liable under the legal precedent set by MGM Studios v. Grokster for copyright infringement. What is more, Google knew before it bought YouTube that the website was based on pirated content. Even more, Google had techniques (simple, cheap ones) at its disposable to protect copyrights, and chose not to use them”(Viacom). Google defense their selves by saying Viacom is contradicting them selves. Now I would have totally agreed with Viacom had they not being use these sites their selves to upload their music and materials along with everyone else who is doing so. You cannot be doing wrong and them turn around and file a claim against someone because you feel as though they are violating your rights. YouTube is a huge site with thousands of users just like Google and when individuals sign up to use their site it’s is clear that you are not suppose to upload video or content that is not your original material. Instead of Viacom trying to file claim against Google they should file claim against those they feel are illegally using their work and imposing, as it is their own material. I agree with Google 100% to fight back and I am happy that the courts rule in their favor. I feel like Viacom was trying to have their cake and eat it to. Viacom tried several times to purchase the site and was denied. Now they want to sue for one billion dollars of Google’s money. I do not see this case going no further than it already have. I understand Viacom concerns and their reasoning, but in order to make a claim you cannot be a participating party in the wrongdoing you are suing for.

http://thenextweb.com/us/2010/03/18/youtube-viacom-lawsuit-explained/ Retrieved July 10, 2011

Case#3 LimeWire Losses RIAA case over copyright infringement

LimeWire is software that allows individuals to upload, download and share music file. They were sued by RIAA because they did not have a license to allow others to have access music that was produced by others. Unlike in the YouTube and Viacom case, YouTube has a license and is protect by the DMCA and LimeWire does not. LimeWire Vs RIAA is similar to the suits that were being filed against Napster. In the article they said they are not trying to shut the site down they just want them to obtain a license to become a legal site. I have to agree with the courts ruling in favor of RIAA because it not fair to the many artist out here in the world who is working hard to be successful in their career. They spend all this money on their material for other’s to illegally copy it without the owners consent. The artist job is their material that they create and publish and LimeWire wants to have access to their music then they should do it the legal way so that the artist is compensated and receives credit for their work. This will eliminate lawsuits similar to these cases.

http://www.huffingtonpost.com/2010/05/12/limewire-loses-riaa-case-_n_574338.html. Retrieved July 10, 2011

After review the following above cases my advise to my self and those who are look at a career in the entertainment industry, because careful when use material that do not belong to you. Make sure that if you are participating in any social network sites and they allow you to download and upload pictures and music that they have a license and or you receive a license to have access to other’s material. It is so easy to get caught up in lawsuit that you do not even see coming.