Law is not a catch-all arena. If you spend even a few minutes delving into the specifics of the legal profession, you’ll soon find a dizzying array of specialized roles. While some, like tax lawyers, will be immediately understandable to the layman, others are more niche. What exactly does an entertainment lawyer do for their clients? We asked Brandon Blake, a successful entertainment attorney and founding partner with entertainment legal specialists BLAKE & WANG P.A, to break down the specific responsibilities and intricacies of his profession and why and when you might reach for an entertainment lawyer’s help.
No specific case law
First up, it’s worth noting that there is no set body of case law that calls itself ‘entertainment law.’ Instead, the entertainment lawyer will find themselves working with a broad range of legal sub-niches, from ‘preventative’ legal matters like protecting intellectual property rights and negotiating contracts throughout the industry, to advising clients on how to best boost earnings and structure their tax matters, right through to actively representing them in court should disputes arise.
What does an entertainment lawyer do, then?
This means that any aspiring entertainment attorney will first acquire their Doctor of Jurisprudence degree (or J.D.). This is the preferential degree for anyone entering the legal field here in the U.S, and a key starting point for anyone in the legal profession. From there, the entertainment lawyer will need to acquire a vast body of legal knowledge in the following areas:
· Intellectual property: There are few industries where protecting intellectual property is as important as entertainment. Creative professionals from a vast range of industries- think music, comedic routines, scripts, logos, and much more- need to establish their rights to their intellectual property, and the proceeds that come from using it, so they will turn to an entertainment attorney for help.
· Unions and Guilds: Nowhere is union presence in the U.S as strong as it is in the entertainment business. Many professionals, from cast to crew, need to join guilds, unions, and other professional associations relevant to their talent. Many of these same industry pros go on to help organize professional programs to boost talent, vet other members, or otherwise actively engage with their creative communities. An entertainment lawyer helps them meet all dues and remain compliant with union protocols while working.
· Negotiations: Entertainment lawyers can help secure talent releases, negotiate contracts and fees, and advise clients on work that is offered. This can be done instead of, or alongside, a talent agent.
· Managing connections: No creative talent works in a vacuum. The entertainment industry relies on a network of connections, handling everything from venue procurement and professional networking, through production pitches, to handling tax season and finding agents. An entertainment attorney acts as a lynchpin in this process, ensuring everything is smooth and acting as a legal liaison for their client.
Who would an entertainment attorney represent?
Now you know a little more about the job responsibilities entertainment attorneys handle, let’s look at who they represent. Entertainment lawyers could work with anyone within the following industries:
· Music
· Film and TV as talent
· Film and TV as crew or production/direction
· Live comedy and performance arts
· Print and online media
· Illustration and comics
Essentially, any creative work that falls under the broad umbrella of the entertainment business could need the services of an entertainment lawyer. This ranges from ‘traditional’ entertainment like live shows, film, and music right through to newer arts like web series and streaming.
What could I ask an entertainment lawyer to do?
While many creative professionals will work long-term with an entertainment lawyer or firm to manage all legal aspects of their profession, many will also hire an entertainment attorney for a specific task or need. They may even approach the legal team because they have a specialty in a specific field they need. This could include:
· Maintaining distribution rights on creative properties
· Consulting case law relevant to an issue
· Contract negotiations of all sorts
· Establishing ownership of intellectual property, especially in creative collaborations and partnerships
Entertainment lawyers may also be contracted to help initiate legal action for their clients. This often revolves around contract breaches or intellectual property theft.
Do entertainment lawyers work everywhere?
Laws are not the same from country to country, and anyone practicing law has to be registered with the relevant bar association for their country. In America, this is the State Bar of the state where the entertainment lawyer practices.
As with any industry, the entertainment business in the U.S has several focal locations. Los Angeles, California, is a key area, with New York City (and state) and, to a lesser extent, San Francisco, New Mexico, and Georgia playing a role too.
Not that an aspiring entertainment attorney would have to be confined to the East or West Coasts to work in the field. With the boom of the digital era, the film and production industries booming everywhere, but Hollywood still serves as a lynch pin for entertainment finance and distribution.
How do I become an entertainment attorney?
As Brandon mentioned, you need your initial general law degree to work in the field and then to work further on your Doctor of Jurisprudence degree. You need to take the LSAT to gain admission to an accredited law school program, and you will need experience.
If you are already an established lawyer with experience in the field, you can choose to transition into the industry with the experience you have already gained but will need to retrain on entertainment-specific legislation.
Is entertainment law challenging?
All legal practice has its challenges. What is unique to entertainment lawyers?
Firstly, connections. Without connections, nothing moves in the entertainment industry, and lawyers are not exempt. This is especially important for those who want to secure the best contracts for their clients. While marketing can be important in any profession, the average entertainment attorney will spend most of their time working with peers and other professionals, not their clients!
Entertainment is a fickle industry, too, with highs and lows in work volume. The skilled entertainment lawyer needs to be able to develop business for themselves and their clients even when times are lean.
Whether you are a client in need of skilled legal help to boost your entertainment career, or an aspiring entertainment lawyer looking for further guidance, Brandon Blake and the BLAKE & WANG P.A team have the skills and knowledge you need to flourish in the entertainment business.