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Scott Keniley, Esq. - Entertainment Attorney
Tree Sound Studios
4610 Peachtree Industrial Blvd.
Norcross, Georgia 30071
Atlanta: 770-263-0000
Louisville: 502.807.4747
www.k5law.com - Scott's Bio
Contact Scott at: legal@lmiacentral.com
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The most common request I receive as an Entertainment attorney from a
prospective artist client is "will you listen to my demo?" The second most
common request is in essence "will you shop a deal for me?" I hear it at the
office, at conferences where I lecture and even at my dinner table in
restaurants during private meals with family and friends. The question is how
should I, or any "Entertainment" attorney for that matter respond.
On a personal note, I would like nothing more than to see the creative and
talented receive the recognition and financial reward they deserve. I would
also like nothing more than to see music enthusiast and general consumers
exercise their right to choose and listen to music THEY enjoy. The two just
must be introduced to each other.
I will briefly address the first most common request, "will you listen to my
demo?" I try to listen to all music artists submit to me. I do not base my
decision to represent an artist on whether I like their music, or for that matter,
tell them my personal opinion one way or the other. Musical tastes and desires
vary from person to person as much as choices in food, clothing or art,
therefore, musical tastes are subjective. That applies to lawyers as well. So
never base furtherance of your career on one person's criticism or distaste.
Some genres of music have a larger array of listeners than do others.
According to a Recording Artists Industry Association of America ("RIAA")
survey, Alternative/Modern Rock ranks as the favorite at 57%, Rap/Hip Hop
at 29% and Dance music at 33%. Those are statistics. Statistics in essence
are objective. I cannot tell you what my favorite music is, but I know it when
I hear it. It does not matter to your career whether your "Entertainment"
attorney is your fan. However, you will need to associate with an
"Entertainment" attorney, accountant and other music industry professionals
for their experience, skills and contacts, not their musical tastes.
The second most common request is a little "touchy feely." "Shopping" in
the music industry is a term of art referring to someone or some entity taking
active steps to try and secure a recording deal for an artist. Most
preconceived notions relate this to shopping the artist to one of the five major
labels, EMI, BMG, Universal Music Group, Sony Music Entertainment or Warner
Music Group. Artists, through education by experienced industry veterans,
should learn that this is not always the best approach and often an
independent label will be better suited to provide them with an income and
career in music, but less likely to offer superstardom. Steady Income
versus Ego.
A person or entity that will shop any artist that pays them probably has
very low credibility due the fact that some of their clients are not good or
possibly not the taste of the record companies artist and repertoire ("A & R")
scout and will therefore, cause a level of disdain between the shopper and
the scout for the record company. I believe, as do most experienced
Entertainment attorneys, that the artists, in addition to their talent, must
have or create a story to tell that will set them apart from the masses of
artists in order to approach the majors. "Make yourself the prey, not the
predator."
The question I often pose to potential clients when asked to shop them is
"Are you ready to be judged?" "Are you taking your career seriously?" "Are
you ready on and off the stage?" Arrogance and talent aside, have you,
the artist, done everything to properly market yourself and has there been
a positive consumer response, i.e. create a "buzz."
Taking your career seriously will make people at the very least respect you.
Act as a businessperson and invest in yourself. The key role of an
Entertainment attorney is to act like an attorney first, not an agent. Protect
their client from potential business pitfalls. Artists need various legal work
performed prior to seeking the ever so evasive record deal. Legal work such
as copyright and trademark securing, producer and session artist deals,
management agreements and internet licensing among many others. Artists
that are in bands should have band membership agreements and possibly
business entities. Agreements such as these are developed to protect you
and prevent future disagreements. If you wonder whether such agreements
are really necessary and beneficial, look at how many law firms and
sole practitioners are set up similarly. In essence they are just a band of
lawyers.
Creating your buzz is hard and time-consuming work and in many respects
an art form. The subjectivity of musical taste and the consumer's lack of
sufficient avenues to find "their" music requires the artist to introduce the
general consumer to his creativity and talent. This requires artist development.
Artist development is a process of developing your music presence both on
and off the stage and imprint that presence to the consumer. The consumer
must identify with you. For example, have you ever heard a song on the radio
that annoyed you, but for some reason after it was played thousands of times
it kind of grew on you? You know, Macarena, Mamba #5 or any Britney Spears
song. Those songs are branded in the same manner that name and likeness
can branded. Branding your name, image or a song requires repetitive marketing
attacks on the uninformed consumer who does not know any better than to like
the music given to them. The market, thanks to the Internet, will soon tilt in
favor of the consumer and artists should be ready.
Artist development companies, often times managers, publicist or
Entertainment attorneys, are available for hire to assist the artists in creating
their buzz. They can provide counsel for key services such as, providing an
Internet presence, developing press kits, street teams, tour connections,
studio and producer relations, showcases, radio promotion and media
awareness. Consider such expenses as basically student loans and an
investment in yourself. Additionally, many of these individuals can offer
advice or, in some cases, assistance into your submissions to showcases and
festivals. Great places to learn, network and develop strategic alliances
with industry professionals or other bands/artists to swap for gigs in their
hometowns.
In conclusion, associate with Entertainment professionals, invest in yourself
and take your career to the next level. Most Entertainment professionals
expect and encourage you to approach them and they generally will have a
few good words of advice or possibly a recommendation to the right person
to help with your particular needs. If they refuse, find a new representative.
That is the artist's right as a consumer.
Legal Links:
Copyright forms and information - http://www.copyright.gov/forms/
Artist Information - www.getsigned.com