| It goes without saying that hardly any member | | | | and other practitioners with regard to the |
| of the creative community can exist without legal | | | | implications of intellectual property rights |
| representation, as the field is a crafty one, for | | | | legislations dealing with matters such as |
| both performing artists and visual artists alike. | | | | Copyrights, Trademarks and E-Business related |
| The niche factor: The business of entertainment | | | | issues. |
| law is a very specialized area of law and requires | | | | But artists and artistes can be a difficult bunch to |
| special training and skills. The scope of | | | | handle. Stanbury says one main challenge is the |
| entertainment law is also very wide, as it | | | | significant level of ignorance that exists among |
| encompasses music, films, radio and TV | | | | arts and entertainment practitioners, as well as |
| broadcasting, book publishing and games. Some | | | | the general public regarding the requirements of |
| entertainment attorneys focus on niche areas of | | | | the business of entertainment. |
| practice such as music business law, or the law | | | | To fully qualify to become an attorney within the |
| relating to broadcasting, or films. | | | | Caribbean requires 5 years of training. However, |
| Although representing mostly performing artists | | | | to become a good entertainment attorney training |
| of the creative tribe, US-based Jamaican Lloyd | | | | and learning never ends. Aside from studying |
| Stanbury is one attorney who applies some | | | | contract law, training in Intellectual Property Law is |
| elements in representing the visual artist. He also | | | | a must. |
| represents managers, producers of music and | | | | The contract law principles and intellectual |
| film, book writers, events promoters, government | | | | property law principles governing the business of |
| arts development agencies, arts and | | | | entertainment are more or less the same in the |
| entertainment trade associations and collective | | | | vast majority of countries around the world. As |
| rights management societies. This is in addition to | | | | an entertainment lawyer specializing in the music |
| his client list which includes clients list ranges from | | | | industry one has to interact with other attorneys |
| recording and performing artists, music producers, | | | | as well as record labels and music publishing |
| arts and entertainment managers, film producers, | | | | companies operating in various jurisdictions. These |
| industry associations and collective management | | | | include the USA, Canada, the United Kingdom, |
| societies, to government agencies in the | | | | Japan, France, Germany etc. An experienced |
| Caribbean, Latin America and Africa. | | | | entertainment lawyer will therefore need to |
| The main components of this career are legal | | | | understand the peculiarities and differences in the |
| representation; arts and entertainment policy | | | | rules and regulations in the entertainment |
| development consultancy; lecturing/workshop | | | | industries of overseas countries where such |
| training in arts and entertainment law and | | | | peculiarities and differences do exist. |
| management. | | | | From the start, fees are charged, so consultation |
| As an entertainment attorney and consultant, the | | | | is a guaranteed charge. The costs can range from |
| responsibilities include the drafting and negotiation | | | | US$100 to thousands of dollars US. |
| of all types of entertainment contracts, provision | | | | Representation is normally billed on an hourly basis, |
| of advise on business establishment procedures, | | | | or in special cases on a contingency basis where |
| provision of advice to performers, songwriters, | | | | fees are linked to the value of the deal done or |
| music producers, event promoters, film producers | | | | transaction negotiated. |