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Interview with entertainment lawyer John J Tormey III.By: Steve Veloudos |
| Interview with entertainment lawyer John J Tormey III. By: Steve Veloudos, Zebra Music Can you briefly go over your work experience as an entertainment lawyer? I studied law in Los Angeles, but have always practiced law in New York. I am admitted to the New York, California, and D.C. Bars. I worked as an entertainment litigator for about 2 years, including song infringement work, and many other exciting cases. ... Then, I took an in-house law position at Disney for about 4 and a half years. ... Then, I served as senior litigation counsel to Miramax films for about two years. Finally, the thing that made it all worthwhile - solo law practice. I like working with artists. My father is a professional actor, and I have played in a number of rock and roll bands. Particularly, I like to work with artists who understand the business aspects of entertainment. What are your thoughts of having an entertainment lawyer shop a tape of an unsigned band to record labels? It can work, but clients should be realistic. Music-shopping is a speculative venture, no matter who represents the band, and no matter who shops the music. It takes time and effort. What are the typical costs associated with a lawyer shopping a tape? It varies based upon the ambition of the marketing plan. I have had some clients retain me to submit a work to but one entertainment company. And, I have had clients ask me to shop every house in town. The thing to never forget is that the client alone should decide the expansiveness of the submission plan. Not the rep. The rep should tailor the submission plan to the client's budget. I bill for time and expenses. Other representatives may work on a percentage basis. I have my own bias, but I tend to believe that those reps that work on a time basis, stay motivated for a longer period of time. But the client has to choose between these methods, ultimately. Do you think it is important to have a partnership agreement between members for bands? Not necessarily a "partnership" agreement, in all cases. But yes, some form of written agreement. And I would word it more strongly: In my view, it is insane not to have a signed, written agreement between band members. If you rely on verbal agreements, you will likely be paying some serious litigation fees down the road. If a band can afford it, they should have the inter-band agreement prepared by a lawyer. And if a lawyer's rate for the work is too expensive, the band should keep looking. (there are many of us out there). How important do you think it is for an act to register their bands name with the Patent and Trademark office? Most bands can't afford the cost of taking a trademark registration before the Patent and Trademark Office ("PTO") to completion. The process involves far more than dropping an application in an envelope with a check. The costs can escalate, particularly if a competing claimant challenges the registration. But there are other trademark-protective steps that can be taken, even short of PTO registration. A good entertainment lawyer can recommend them, depending upon the facts of the situation, and the client's needs and resources. The real skill is in first choosing a good, trademark-enforceable band name. Few understand how to do that. But yes, if a band can afford a PTO registration, and the intended trademark has been well-chosen, then the band should consider effecting the registration through legal counsel. Do you think that bands should register their original songs for copyright protection? You're about to hear more hyperbole from me - it is insane to not register a work of value with the copyright office, especially if the band or artist intends to submit that work to multiple parties that are not personally known. Will a "poor mans copyright" hold up in court? (mailing a sealed envelope to yourself with a copy of your original songs). Don't even waste the postage. That practice went by the wayside when "my three sons" went off the air. Pay the minimal fee and register with the U.S. Copyright office instead. Do it the right way. And don't forget to save a copy of what you register, prior to mailing it in to Washington, D.C.. You would be aghast at how many people actually forget to do that. Are there any other legal guidelines that you would recommend for the unsigned artist? There are many, and it is hard to cover them all in this context. If there were one guideline to follow, it would be "carefully document every business step you take". Alternatively put, if you care about your career, avoid verbal agreements in the same manner that you would avoid a thunderstorm while playing an electric set at an outdoor gig. Make the other folks put it in writing. If they won't, then you put it in writing. And always at least consider contacting a lawyer before signing anything, or before issuing - or even accepting or receiving - any writings that could affect your rights or your bank account. It's your money. It's your career. And life is short. Protect yourself. John J. Tormey III, A Professional Corporation 217 East 86th Street, Suite 221 New York, NY 10028 USA (212) 410-4142 (phone) (212) 410-2380 (fax) [email protected] (e-mail) |