Entertainment Law

Entertainment Law

Entertainment law overlaps with many other legal practice areas. While entertainment lawyers get to represent people skilled in artistic pursuits, such as music, acting, and film to name a few, they must have a great deal of knowledge about areas such as employment and labor law, contract law, tax law, and intellectual property law.

While you may want to get into entertainment law if you have always been a creative and artistic person, it is important to realize that this practice area involves a lot of paperwork and negotiation. It might not be as glamorous as it sounds, but you will get to see the important impact law has on the creative and artistic process.

Important note: sports law and entertainment law are often combined.

Education and Background:

This is an area of law where it is as much “who you know” as “what you know.” Networking to find opportunities is essential. Having a background in business may be helpful as you will be managing many business aspects of whatever creative pursuits your clients undertake.

As you try to get your foot in the door to the entertainment law industry, you may want to consider joining the International Association of Entertainment Lawyers.

If you are interested in learning more about the problems an entertainment lawyer might have to deal with, try reading “All You Need to Know About the Music Business” by Donald S. Passman. Though this book is geared toward the music industry specifically, it provides valuable information for anyone interested in the business and legal logistics of how entertainment industries operate.

Getting a job:

Do not expect to immediately get a job in this area out of law school.

Because entertainment law pertains to, well…entertainment, it is important to realize that most entertainment law jobs will be in entertainment hotspots. So, New York, Los Angeles, and Nashville are common places to find jobs within this area of practice.

• Large firms may have one or two people who specialize in entertainment law
• Small firms located in cities considered hotspots for entertainment may specialize in this area
• Entertainment companies may hire in-house counsel

Because this is a more niche area of the law, you may find yourself working more generally in other areas of law and occasionally getting to focus on entertainment law. If you specialize in entertainment law alone, you will likely pick an “area within an area”. That is, you may choose to focus on music, film, television, video games, or some other area of entertainment. This will depend in large part on the opportunities available in your location. Realize that you probably will not get to specialize in entertainment law right out of school. You will likely practice some other areas first, gain experience and work your way up within a company to build connections and find an opportunity, and then eventually slide into the more niche area. This is not necessarily a bad thing! As an entertainment lawyer, you must be well-versed in many different areas of law anyway, so experience can only benefit you.

Average salary:

The average salary of an entertainment lawyer is quite standard for lawyers in general. However, that doesn’t accurately show the HUGE variation in salary possible. You may represent someone in Hollywood and bring in millions each year. Or, you might represent a country artist who sings at the local karaoke bar. Again, being in this area of law all comes down to “who you know”. It is also important to note that some entertainment lawyers may charge clients a percentage-based fee.

Would you like this practice area?

Strengths/Weaknesses: If you have strong negotiation skills and are good with people, this will be a worthwhile area for you.

Likes/Dislikes: You must like to work in a unique and fast-paced environment and enjoy collaborating with others. You should enjoy meeting new people and networking.

Consider whether these articles interest you:

10 Questions: Magician-turned-lawyer helps make legal problems disappear (Davis)

“One magician-specific issue involves confidentiality agreements/[nondisclosure agreements]. When a magician decides, for whatever reason, to share a technique or routine with other magicians for a price, the magician often holds workshops. They usually cost more than what you’d pay for a legal conference, and participating requires signing a confidentiality agreement. I draft NDAs that spell out not only what the attendees will learn and receive at the workshop and the price, but also how they must keep the information confidential and precisely where they may use the learned information. The magicians attending have to be able to use the tricks at least in some of their performances because otherwise, what’s the point? But there can be carve-outs—like you can’t post video on the internet, you cannot perform the material on television or in certain geographic regions. You also are forbidden from discussing the material on magician forums or websites.” Read more

In dueling suits, Kanye West alleges contract ‘servitude,’ while music publisher claims deal breach (Weiss)

“Music publisher EMI has sued Kanye West for alleged breach of contract after the rapper filed his own suit referring to the expansive deal as “servitude” and asserting that it could bar his retirement. One of the disputes in the two lawsuits is whether California or New York law governs, report the Hollywood Reporter and USA Today. West says the contract he signed in 2003 is a contract for personal services under California law that can last no more than seven years.” Read more

At least 8 theaters drop ‘Mockingbird’ productions after producer of newer play threatens suit (Weiss)

“At least eight theater companies throughout the United States have canceled productions of To Kill a Mockingbird because of litigation threats from the producer of a newer version of the play on Broadway. The New York Times report includes an interview with 11-year-old Olivia Mongelli, who was cast as Scout in a Dayton production of the play. Mongelli said the actors learned the play would be shut down during a rehearsal. “Everyone onstage was just in shock,” Olivia said. “I just sat there for a second and said, ‘Is this a joke?’ ” Both the old and new versions of the play are based on the book by Harper Lee, who died in 2016. The older version, written by Christopher Sergel, has been staged for decades and was being used by the theater companies receiving the cease-and-desist letters.” Read more

Entertainment Lawyer Spotlight:

Patti Jones is an entertainment lawyer for her entertainment law firm, the Law Offices of Patti Jones. She also has an of counsel affiliation with Sennott, Williams & Rogers, a newly formed boutique entertainment law firm. Patti is a go-getter who loves to inspire students.

Patti’s interview:

Q: How long have you been a lawyer?

A:  27 years

Q: Where did you go to law school?

A:  Suffolk Law School. I was a music teacher before I went to law school. My background is in teaching choral and vocal music and musical theatre. I studied music and French in college. I also worked for a French food company but decided I didn’t want to be in business and wanted to do something else. Even though my background is in the arts, I didn’t go to law school with the intent of becoming an entertainment lawyer. My intent was just to be a lawyer, to improve my overall employability, and then take it from there. I wrote a Master’s thesis on Mose Allison, which got me interested in the music world. I graduated in a recession, so to get my initial clients, I had to go out and find bands.

Q: Describe an average day at work…

A:  I take care of literary authors, some Indie film, TV, music, and I do a lot of trademark work. I teach at two law schools as well. When I work on trademark applications, I teach my clients how to work with them. I don’t do litigation; I’m typically teaching my clients how to use the trademark so they don’t have to go to an expert. One of my projects is acquiring the rights from a book and publisher to create a musical. I represent the producer, and this has been very challenging because the venues she is looking at are academic/classical environments, not Broadway or something like that. I draft documents, talk to clients, talk with trademark branding people, I talk to the PTO and collect things to send over to them, and it is just really different every day. There is nobody giving me things to do, so I determine what I do when.

Q: Do you deal with difficult/emotional people?

A:  Because my people are all creators, they are by nature emotional people. Their job is to represent emotion in their art forms. A lot of times people come to me when it is too late because they don’t necessarily understand aspects other than the artistic side.

Q: What makes your day-to-day work different from that in other practice areas?

A:  My job is more about bringing people together with respect to something they love and believe in. Whether it is a TV show or a book deal or protecting characters in a book by trademark, it’s always something they are passionate about. I love being able to help people with their dreams.

I had one client who said “Happy Mother’s Day” to me and I mentioned I wasn’t a mother. And he said, “you are the mother of dreams,” and I almost cried.

I also don’t have to deal with the court system, which I am very thankful for. Before, I had six years on and off going to court, and I hated it. Now, in this work, you don’t feel like you are stepping on people’s toes. We have good relationships and a real community in the entertainment area. It is competitive, however. The only time I go to court now is with minors to discuss their contracts with the judges.

Q: What do you like about your job/practice area?

A: I’ve always had great people to work with. I also love that I have the ability to help young people starting out in this area. I enjoy the flexibility I have.

Q: What do you not like about your job/practice area?

A:  I wish I were busier! Sometimes when you work for yourself, you have to create the work for yourself.

Q: What advice would you give students interested in learning more about being a lawyer in your practice area?

A:  They first have to have an interest in an area of entertainment and should be passionate about that particular interest. Whether it is from a fan’s perspective or someone who has been actively participating in that art form, involvement helps. Just learn as much as possible about that area that you love. If it’s dance, learn all about dance. If it’s photography, learn all about photography. Then, go online and find out what forums there are for people involved in that area of law. Wherever possible take classes in that area so you can learn as much as you can. Make sure you take negotiations and trial practice too! Those are just incredibly important classes. Realize entertainment law may not be your strength. Find out who you are and what you are good at. Look what your skill sets are and what your background is. Go where you love the topic and just try things.

Q: What other comments do you have to add about your practice area?

A: I love my work, am passionate about it, and have no intention of quitting. I’ve always waited for the Michael Jackson of the industry to walk through my door though… but I’m still waiting, so I can’t quit.

I don’t recommend this area of law for the faint of heart.

– Patti Jones

Conclusion:

Become well-versed in multiple areas of law. Not only will you probably practice something before entertainment law, but you will also appreciate having experience in other areas once you start your job as an entertainment lawyer and need to know all about contracts, IP law, and employment law. You may have to go out and find business as an entertainment lawyer; learn how to create work for yourself!

Environmental Law

According to Arthur J. Wright, Oil and Gas Practice Group Leader at Thompson & Knight, “Environmental law is what you may not do; natural resources law is what you may do and how to do it” (Wright). Environmental law is relatively new; most regulations have been created in the past couple of decades. Originally, environmental law was intended to help someone who was directly harmed by another person’s property use. Now, environmental law is evolving to protect the environment as a whole. There are many, many laws related to the environment, of which the Clean Air Act and Clean Water Act are among the most famous.

As an environmental lawyer, you might work in a solo practice, a small or large law firm, or the government. You also may provide services as in-house counsel. Within the government, there are many opportunities.

The EPA creates most federal regulations, though the U.S. Fish and Wildlife Service, National Park Service, U.S. Forest Service, and Bureau of Land Management contribute. Much of the enforcement is through administrative law. There are also laws at the state level and state agencies that help protect the environment.

For some related organizations in environmental law, see this page. To see a large law firm specializing in environmental law, see this page.

Being able to work with others to negotiate and diplomatically create and enforce reasonable regulations is essential. Strong speaking skills are essential because many environmental lawyers are in court frequently.

For considerations as to whether environmental law is worth pursuing, check out this article.

Equine Law

As you might imagine, those working in equine law deal with horse-related legal matters; this can be quite broad since it is anything, “related to all aspects of horses, horse-related activities and industries, horse businesses, horse organizations, and horse facilities” (Equine Law – Guide to Equestrian Law).

Naturally, if horses have always been a passion of yours, this could be a good area for you. Additionally, if you want to take on emotionally and financially-charged legal situations, this may be the challenging area of law you are seeking. If you know anything about horses, you’ll realize that when there are disputes over them, the disputes can be as intense as child-custody disputes. Moreover, horses are expensive and require special expertise in dealing with them. The equine business continues to grow in popularity, with horse racing attracting particular attention. Knowing a lot about horses is critical to being successful in this area of law. This is an area of law that will always keep you on your toes!

Education and Background:

Albany Law School offers a one of a kind program in Equine, Racing, and Gaming Law at The Saratoga Institute for Equine, Racing, and Gaming Law. See their website for more details. If you know equine law is the area of law you would like to someday practice, a degree from Albany Law School can help you achieve that goal.

If you have a background with horses, are enrolled in a law school, and are simply looking to get more involved with equine law, consider becoming a member of the American College of Equine Attorneys. Their website states, “Whether you are a law student interested in Equine law, an experienced business/corporate/tax/estate planning or litigation lawyer practicing in the Equine Law area or a rider, owner, breeder, trainer or other equine participant, you will find valuable resources and on this website tools here to help you grow and develop your career or to simply find a lawyer to represent you in your equine related matters” (A Legal Resource for the Equine Industry).

If you want to read up on equine law case news, check out Horse Authority’s Equine Law Page.

Getting a job:

The ease of finding a job in equine law will vary by geography. Yvonne Ocrant (see interview below) says it is sort of like how, “if you want to focus on the ski industry, I don’t think you can be in Florida.” However, she points out that although it may be difficult to find a job in locations where the practice is not as easily accessible, it is still possible if you are willing to travel. For equine law, that might mean living in a city but traveling long distances to visit countryside farms. Yvonne states, “You go where the clients are”.  She says it is important to remain flexible so your clients know they can trust you and know that you are willing to go the extra mile for them (literally).

Further, having a law degree and a love for horses does not automatically mean that you can be an equine lawyer. Often, a law student’s first job after graduation is working for a firm that they interned for during law school. Unless you worked at a large firm that had a specialized equine practice group, and you have such an extensive background working with horses that they want you to work there immediately after graduation, realize that you will probably spend many years working in other areas of law before you can specialize in equine law. During this time, you will have to keep up with the equine industry. Smaller firms often have more generalized lawyers; if you end up working for a small firm, equine law may be a small piece of what you do, which you can focus on more over time.

Statistics show that the horse industry directly contributes around $50 billion to the US economy and results in a total contribution of about $122 billion (American Horse Council). There are estimated to be around 7.2 million horses in the US, with the states having the most being Texas, California, and Florida respectively (American Horse Council). With that in mind, the American College of Equine Attorneys states that they have, “in excess of 100 attorney fellows” as members (A Legal Resource for the Equine Industry). This indicates that the total number of equine attorneys practicing in the US is quite low despite the size of the industry.

Overall, your background really must make you a “horse person” and you must build relationships within the tight-knit horse community. You not only need to know exactly how the industry works, but you must also constantly involve yourself in it. Your clients will ask you about your horses. Don’t have any? Then equine law is probably not for you.

Average salary:

Salaries vary widely based on experience. Payscale statistics indicate that the average starting salary for an equine lawyer is $45,433, while an experienced lawyer may earn up to $152,437 (Hills). This is not an area of law that people tend to get into for the money; choose this area if you are passionate about it.

Would you like this practice area?

Strengths/Weaknesses: Are you good at dealing with emotional situations? Do you perform well under pressure? Can you handle conflict and calmly resolve high-stakes disputes? Equine law might be for you. Do you not have much background knowledge and experience with horses? Do you struggle with time management? Do you find it difficult to stay focused and organized when your tasks are constantly changing? Maybe consider another area.

Likes/Dislikes: Obviously, you should be extremely passionate about horses. In addition, you must be passionate about researching the horse industry. If you dislike reading the news, networking, or getting out in the community and meeting new people, this might not be the right area for you to practice. If you love to travel, talk with people who have similar interests as you, and have your day-to-day tasks be constantly varied, you might enjoy equine law.

Consider whether these articles interest you:

The Purpose of the Equine Acts (Ocrant)

“Lawsuits are filed before you can ask what happened and who did what to whom. Unfortunately, no one is completely immune from lawsuits, especially in the horse industry. Despite taking all feasible safety measures, there are always “built-in” dangers while working with or around horses. The Illinois and Wisconsin Equine Activity Liability Acts (the “Equine Acts”) encourage horse related activities by protecting those providing equine activities from liability resulting out of horse-related injuries.” Read more

Equestrian helmet laws: Are you in or out? (Ocrant)

“The dangerous nature of equestrian activities and the need for increased safety measures has become a hot topic over the past several years with accidents including crashes on the race track, falls on cross country and, perhaps most notably, the fall of former Olympic dressage rider Courtney King-Dye without wearing a helmet and leaving her permanently brain damaged.” Read more

Absolute Insurer Rule for Trainers Unconstitutional: Kentucky Court (Horse Authority Team)

“A Kentucky court finds that the Kentucky Horse Racing Commission’s absolute insurer rule for trainers is unconstitutional. The totality of the ruling could impact future drug and medication guidelines and due process for horse show association members. Racehorse trainer H. Graham Motion and the owner of Kitten’s Point appealed the Commission’s sanction to the Franklin Circuit Court. The horse tested positive for a trace amount of the muscle relaxant methocarbamol which exceeded the allowable limit. The KHRC suspended Motion for five days, imposed a fine, and ordered the horse’s owner to forfeit a $90,000 purse.” Read more

Equine Lawyer Spotlight:

Yvonne C. Ocrant is a partner at Hinshaw & Culbertson where she focuses on equine law. Yvonne is happy she chose a practice area that she is so passionate about, and she recommends that others also find something they truly love. Law students would do well to listen to Yvonne’s words of wisdom; as she says, something you love doesn’t feel like work! When asked what she likes least about her job, she (somewhat) jokingly replied, “Dealing with crazy people! The horses are great; the people are nuts.”

Yvonne’s interview:

Q: How long have you been a lawyer?

A: 20 years

Q: Where did you go to law school?

A: DePaul College of Law

Q: In what practice area(s) do you practice?

A:  Primarily equine law, but also some general commercial litigation representing companies in employment matters. Sometimes I outsource to other people at the firm for other areas. Basically, I represent companies.

Q: What size is your firm?

A: 450 lawyers

Q: Describe an average day at work…

A: The underlying theme is that no day scheduled is ever your own. I return client phone calls and emails. I appear in court. I write briefs and do research. Sometimes I have phone conversations with opposing counsel. Then, at the end of the day, I enter time for billing. I usually go to court about twice a week, but it depends on the time of year. Many jurisdictions in Illinois recognize the time constraints we are under and allow us to do telephone appearances in court so long as we have permission ahead of time to call in.

Q: Do you deal with emotional issues or clients?

A: In equine law, horses as a subject matter are a lot like children, so they can create very emotionally charged situations. These situations are also financially charged as well, so they are doubly emotional. Timing is an issue in equine law, unlike many real estate matters or property disputes. With horses, the horse still must be taken care of even during the ownership, care, or treatment dispute, and so everything needs to be timely.

Q: What do you think about practicing in other areas of law before deciding on one?

A: Often, you don’t specialize when you are in law school and right after. Or, you don’t focus on or enjoy what you are practicing. But, sometimes you just take the first job you can get. I think it is very rare that law students focus on an area and then get that as their first job. I always caution students not to turn away an offer. This is for two reasons: 1) you gain experience and 2) the day to day activities may teach you what you don’t want. Especially for students who come into big firms, it is essential to circle around different practice areas. It’s just as important to find out what you don’t want to do as it is to find out what you do want to do.

Q: How many hours a week do you typically work?

A: This isn’t really the norm because a lot is out of the office going to farms and seeing the sites where the action happens. On average I probably work 60-70 hours a week, but I maybe only bill 40-50.

Q: What advice would you give to students thinking about becoming an equine lawyer?

A: A lot of it has to do with reading articles, both online and published. Keep up with things in the industry that you are interested in. In equine law, there’s industry trade journals, horse shows, articles about horse-related topics, and cases that you can follow. My number one piece of advice for anyone going into any area is, “love what you do.” And if you love the area, stay on top of what is going on in the area. Be a player in the industry and know what is going on for all of the hot topics!

Love what you do! Make sure the subject matter is something you are genuinely interested in. If you don’t like it, it’s not carved in stone. Venture out and find something new that you like!

– Yvonne C. Ocrant

Conclusion:

If you love horses, great – but that isn’t enough to be a successful equine lawyer. This area of law requires constant involvement with, and awareness of, the horse industry itself. Your clients will expect you to know not only about the law but what it is like to be a “horse person”. If you’re up for this challenge, equine law might be for you.