Marc T. Levin
Interview with Entertainment Attorney Marc T. Levin
PA Music Business Profile – Special Edition
Written by Gina Tutko-Usalis
PA Music Scene.com
October 2010
KNOWLEDGE IS POWER!
I believe that any artist or band that is serious about their music has many questions about the DOs and DON’Ts when it comes to some major decision making. My intent with this article is to give some insight into the services available to you when it comes to important decisions. Let’s face it, not everyone you deal with is on the up and up. There are some pretty slick people out there. Most times you discover that after the fact. So why not educate yourself? Local entertainment lawyers can assist you with your concerns so you may avoid any legal entanglements in the future. This is by no means meant to be the last stop for guidance. As you will learn there are many aspects to the entertainment business.
Anyone who has attended the Millennium Music Conference (MMC) held in Harrisburg, PA in the last 13 years may have encountered Marc Levin. He is a down-to-earth guy who has been involved in the music scene for some time. He has attended MMC just about every year since its inception and has conducted discussion panels in the previous years.
So let’s get this interview started.
Gina: Hi. I am here today with Attorney Marc Levin. How are you Marc?
Marc: Great, Thanks.
Gina: Since you are an entertainment lawyer, I thought you would be a great resource to help guide me in my goal to assist the musicians involved in the PA Music Scene with some basic legal information.
Marc: I’m happy to help.
Gina: Okay, I’m excited so let’s get this under way … what is the formal name of the firm and where are you located?
Marc: My firm’s name is Weber, Gallagher, Simpson, Stapleton, Fires & Newby LLP and we are conveniently located in the Fulton Bank Building, 200 North Third St,, Suite 9A, Harrisburg. Our entire firm is available to address a wide range of needs that can sometimes overlap in the entertainment business.
Gina: Describe the work that you do as an entertainment lawyer.
Marc: Provide legal advice and assistance to anyone involved in the entertainment field, including the areas of music, literary, film, television, radio, theater and multimedia. Some of the more common areas we are involved in for our clients are:
- Contract drafting, review and negotiation.
- Intellectual property issues (copyrights, service marks, trademarks).
- Business entity formation.
- Litigation.
Gina: Can you briefly go over your work experience as an entertainment lawyer?
Marc: I have drafted and/or negotiated and provided advice and guidance in numerous facets of the music industry including involvement with contracts and agreements relating to: Band Operating and Partnership, A&R Representatives, Label-Shopping, Performances, Management, Work-for-hire, Artwork Release, Production, Record Labels, Merchandising, Nonpayment of royalties, Touring and Publishing administration. I have also helped a number of artists navigate the waters following band breakups or intra-band disputes. I also negotiated a book publishing deal for one of my musician clients. Aside from the more traditional legal work, I also do a fair amount of general counseling for people involved in the music business. Some of that work is more along the lines of business, marketing and public relations, and some is really just helping my clients make good connections and build solid business relationships.
Gina: Is entertainment law a growing practice? Why or why not?
Marc: Yes, it has grown steadily over the years and that trend continues. For us, I think one reason is that more and more people are finding out that there are qualified entertainment lawyers in the Harrisburg, PA area and that they don’t have to go to New York, Los Angeles, Nashville, or even Philadelphia to get legal help. It also helps by being in central PA; our fees tend to be much more palatable than firms in the larger city firms.
From a more global perspective, another reason I believe our practice continues to grow is because even in a bad economy, many people will still spend money on entertainment and therefore, the business is at least somewhat recession-proof. People may be more selective about how they spend their entertainment dollars, but they do spend those dollars and enjoy the “escape” that a concert or movie, etc. can provide.
Lastly, because we live in an increasingly digital world, there is a great deal of change in the entertainment business, especially when it comes to music. There are so many new and evolving legal issues with digital media and many opportunities as well. It’s an interesting and exciting time to be an entertainment lawyer.
Gina: That being said Marc, what are the biggest challenges for an entertainment lawyer?
Marc: Well, in central PA, a challenge is getting the word out that we’re here! So, business development is always an ongoing part of the job. Another challenge is being able to help clients in a way that they can afford. Especially in the music biz, many musicians don’t have a lot of extra money sitting around and therefore they are reluctant to spend money on lawyers until they end up in some sort of legal jam. So, we try to educate many of our clients to understand that a little bit of advance planning is worth considering and it may just be less expensive than trying to unravel a mess later on.
Gina: How important do you think it is for an act to register their bands name with the Patent and Trademark office?
Marc: It really depends on the nature of the band. A casual band, not really playing to make a living and not too concerned about the bigger music business picture, probably has no need to spend the money protecting their band name. A more professional-minded band with music business goals and aspirations may want to seriously consider protecting their band name with registration.
Gina: So do you think that bands should register their original songs for copyright protection or is that an unnecessary expense?
Marc: Again, it really depends on the type of band you’re talking about. There are many bands that may write record and perform some original material but realistically, the music is not being created for the purpose of creating income and therefore those types of bands have less of an interest in spending money to actually register for protection. And those bands are usually pretty realistic in that they realize that, because they are not a professional, working band, and they are not signing up their band & music with records labels, professional publishers, performing rights organizations, booking agents, publicists, etc., their original songs have almost zero chance of ever needing formal protection.
But really, copyright registration is not necessary to secure copyright protection. As soon as you “create” your work, it is protected. You create your work when you reduce your song for the first time to a CD, sheet music, videotape, or any other “phonorecord” or “copy” that materially represents your creation. Nevertheless, it can be your advantage to register a copyright with the U.S. Copyright Office when it comes to enforcement, should that ever be necessary.
Gina: So will a “poor mans copyright” hold up in court? (mailing a sealed envelope to yourself with a copy of your original songs).
Marc: Theoretically, it could. But again, once you record the music and put it out there in the stream of commerce, you have a common law copyright so-to-speak, so the mailing it to yourself trick is really more of a chronological stamp.
Gina: With all the issues that can arise, do you think it is important to have a partnership agreement between members for bands?
Marc: Working bands, yes. Casual “for-fun” bands, probably not. However, in either case, a band agreement (whether it be in the context of a partnership, limited liability company, corporation, etc.) may be useful if there’s a significant amount of commonly-owned equipment or if the band is dealing with a decent income stream of any kind. I tell people that to a great extent, Band Agreements are like prenuptial agreements. They plan for things that you hope will never happen! However, they also can address circumstances that you hope WILL happen such as getting signed to a label, having a song generate income, etc. You just need to be realistic when it comes to your band and act accordingly. In other words, if you are a local hobby band, you don’t really need to spend the time or money organizing yourselves as if you are U2.
Gina: Marc, I often wonder, what are the most common mistakes artists make when they enter the business world?
Marc: Many of them do not get trustworthy advice from experienced professionals but rely on “friends” to guide them. Unless that friend happens to be very business savvy, no matter how well intentioned, they can sometime give very bad advice. If you’re serious about your music (or any art form) and intend to make it your career, then treat it like a business and seek out some qualified help from managers, lawyers, accountants, booking agents, and so forth. You know what they say, “An ounce of prevention….”
Gina: What is the ideal contract for someone just getting started? What can people look out for when signing a contract?
Marc: Gina, that is a very broad question. But if the question is simply “What should people look out for when signing any contract?” My answer is: Understand what it is you are giving and what it is you are getting in return. If it looks one-sided, it probably is! Also, be very wary of signing a contract with someone who is promising to help get your music heard and who is asking you to pay them up front to do so. That’s a huge red flag.
Gina: Are there any other legal guidelines that you would recommend for the unsigned artist?
Marc: That’s pretty general…legal guidelines. But, the best thing I can recommend is to put any agreements into written form if feasible. And, if you are presented with any written contracts, seriously consider having an entertainment lawyer review it BEFORE you sign on the dotted line! It’s usually much easier and less expensive to avoid a bad deal than to extricate you from one.
Gina: What does it mean when an entertainment lawyer shops a tape of an unsigned band to record labels?
Marc: Basically it is simply trying to get his or her client’s music into the ears of someone at a label with the hope that the label may be interested in signing the artist. But music can also be shopped to film production companies, television studios, advertising agencies, video gaming firms, and many other people or entities that use music.
Gina: So then Marc, what types of artists do you deal with mainly, is it people mostly involved in the music aspects?
Marc: I have worked mostly with people in the music biz. Artists, managers, producers, labels, publishers, performance venues, etc. Our entertainment group works with many different people and facets of the entertainment world including the motion picture industry, television, radio, authors and professional sports.
Gina: Are there any well-known projects that you’ve been involved with?
Marc: Among others, I represent Grammy award-winning New Orleans musician and major motion picture actor Chris Thomas King (“O’Brother Where Art Thou”), Bret Alexander (Top Billboard artists The Badlees and The Cellarbirds), Pan.a.ce.a, The Niki Barr Band, Good Night States and A Farewell Rescue.
Representing all levels from legal up-and-coming artists to indie artists to Grammy winners, our entertainment group also represents casinos, entertainment venues, promoters, night-clubs, concert halls, arenas, restaurants and taverns.
Gina: Marc, are you personally involved in the Pennsylvania Music Scene? If so how did you get involved and at what level?
Marc: Absolutely! I’ve always been a fan of live music and have always tried to get out to the local venues and support the local scene. I’m a Harrisburg native, so I’m pretty familiar with the scene as a patron. I also play in a local band named HotWingJones and so in that regard, I am a part of the local music scene as a performer.
I have also tried to help various venues meet and attract new local, regional and national level talent to try to get some more diversity into our local scene. I think that bringing in some more well-known or higher profile artists every now and then can be very helpful to the local bands too. It provides opportunities for them to open up shows and get in front of some new faces and hopefully, some MORE faces than they usually play to. Whenever possible, I try to help other bands to generate a buzz on the local scene because in the end, a vibrant scene benefits everyone involved.
Gina: Is there anything else you’d like to share about your practice or work in the legal community?
Marc: As a part-time musician myself and someone who is involved in the local scene, I think I have a unique perspective when it comes to the issues, needs and goals that many up-and-coming artists share. I hope that through working within the regional community of artists, venues, entertainment companies, booking agents, managers and producers, I can provide a uniquely insightful attorney-client relationship. I truly enjoy what I do and I am very passionate about it.
Gina: If people want to find out more information how do they go about contacting you?
Marc: Call me at 717-237-7483 and you can also visit the website: www.wglaw.com/attorneys/207
Gina: Thank you so much Marc for taking the time out of your busy schedule to do this informative interview with me.
Marc: You’re welcome. My pleasure.
Remember my musician friends – this is just the initial step. It is totally up to you to continue the process. It all starts with a telephone call to help put you at ease with the business aspects of your music endeavors. Rock on!
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