John C. Taxiarchis's Answers

International Entertainment Law - Question about modifications/addendum to current contract for performance in Peru

You can suggest a choice of law and see if you can get the contract construed under the laws of the state where you reside, but that won't save you in the event of an issue. In order to effectively assess your needs a lawyer would require all of the information (much like the information requested by the others who tried to respond to your post): who are the parties, what are the obligations, what are the protections in place already. And no matter what jurisdiction is chosen for the...

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Is there a difference between a music attorney and a business attorney?

Absolutely there is a difference, which is not to mean that any qualified practitioner could not assist in some way in both areas. Generally speaking, in my experience, business lawyers are well versed in business formation, sometimes general ip matters, possibly employment issues and the like. An area that is commonly handled by "business lawyers" is the area of corporations which is quite complex and extremely important to have a handle on. When it comes to entertainment attorneys their...

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I am an aspiring recording artist & have questions about an entertainment contract for an agent that wishes to represent me.

While every agency will vary the standard is closer to the range of 10-20%. Of course any deal should be looked at in light of all of the circumstances. If this agent is established, reputable, well connected and has the ability to make a career out of someone with talent but no experience then the high percentage might be warranted. It's difficult to determine without knowing the players and seeing the agreement. As a matter of course, the initial number seems high. I would suggest trying to...

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Will copyright laws prevent me from posting videos of me singing songs using accompaniment music I purchased to sing in church?

In presuming the works are not in the public domain like Pamela pointed, and presuming that you purchased a cassette or CD from a store, you will need both a synch license from the publisher as well as master use license from the owner of the sound record (if the actual sound recording is used in your film). You can search the databases of both ASCAP and BMI, two of the three most prominent performing rights societies in the US for the publisher's information. The owner of the Master Sound...

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What are the services an attorney can provide to a music producer?

I think everyone who has answered the question on this thread is right on the money. The only other information I would add is finding a qualified professional who not only can secure, protect and help with the monetization of your ip (both copyrights and trademarks), but also has a solid handle on two things: (1) how the industries are changing (and thus being able to draft/negotiate with that evolution in mind) and (2) knowing what is acceptable in the industry as it relates to the artist's...

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What does it mean when a Producer/network wants to own exclusive rights to my life story?

To make a solid assessment any practitioner would need to see the actual contract. Based on what you put in your post there is something you can do: not sign. There is always the choice to not engage. That being said, with everyone looking for their 15 seconds, I would have to concur with those above that answer in that you can attempt to reign in some of the broad rights you convey in the agreement. This is without respect to whether the changes will be granted. I would at least try to...

I need of a Music Attorney

I'd be happy to give you a free consult. I sent you an email. Any while I concur that any contracting party who refuses to discuss specifics is suspect, I am without the fact to assess whether there is anything foul in play here. Keep in mind that for a very long time many of the people in the business of music had only one person's interests in mind: theirs. That belief bred a lot of one-sided contracts. When questions are asked it removes the blinders and ignorance is no longer bliss....

If I have been filmed in a Television commercial without being notified, am I entitled to royalties?

The issue is one concerning your right to publicity. Briefly, the right of publicity allow for the control of the commercial use of your name, likeness, or image. There are certain exemptions to this right such as the First Amendment right of freedom of expression, which I would not think is applicable in this instance. Also, there are other possible rights of privacy in play but based on your limited fact pattern I am not sure that there was any expectation of privacy while shopping in a...

Is it legal to show a rented movie to a group of people for free

Both Daniel and Pamela are perfectly accurate: it is not legal for you to show that movie in public without the express permission of the copyright holder as the rental license doesn't cover it. Daniel made a great point about possibly securing a gratis license from the copyright owner to show their work to the public. Depending on your charitable purpose this may be possible, but as he mentioned, it will be up the copyright owner to grant that license. Also, this is a great time to point...

Can employer use your image (picture) for a promotion or film without the employee's permission?

Great (and complex) question. It may depend on what is in your employment agreement or if there was some other contract that was executed in the employer/employee relationship. I can only presume from your post that you never signed a image/rights release. Also, there should be some consideration given to the type of film (e.g. a documentary where fair use may be in play or possibly a corporate video), as well as the location of the shoot, before determining if there has been any...