Music Industry Interview
With
Legendary Entertainment Attorney
Jay B. Ross,
Attorney-at-Law
Being a Grammy Award Winning Producer, Engineer,
Songwriter, Publisher, and label owner, I decided to interview Attorney Jay B.
Ross for some advice for aspiring music industry entrants. Attorney Ross
provided some very insightful principles in which I can apply to my current
business model.
Get Ready to take some notes!
Q: Please, can you provide a little background about
yourself along with any major cases you have been involved?
A: “My firm is currently suing Corbis and Co. for unlawful use of Rights of Publicity in
selling celebrity photos. I have represented James Brown in several cases as
well as Shirley Jones, Jerry Butler, Anna Maria Alberghetti, Bonnie Pointer and
many others. I have been practicing entertainment law for over forty years.”
Q: Where did you graduate from law school?
A: “University
of Illinois Law School”
Q: Legally speaking, what are some of the problems or mistakes
do you see new people entering the business encountering (i.e. infringing upon
intellectual property)?
A: “The most
common mistakes I see people making are:
·
Not using a
lawyer is the cause of most mistakes,
·
not getting
a mechanical license when releasing a cover song,
·
signing
so-called "Standard Contracts" (no such thing),
·
not putting
escape clauses in service contracts.
·
not being
loyal to those you can trust,
·
not being
prepared for the highs and lows of the business,
·
doing
drugs,
·
indiscreet
personal affairs and nudity in most cases,
·
not getting
it in writing,
·
not getting
receipts for cash business expenditures,
·
not keeping
up with your business,
·
not doing
due dilegence when contracting with new people (a lot of sharks in music's
waters).
·
The worst
scam of all is when a production or record company wants to "sign"
you up and have you pay for their efforts. Don't confuse this with production
situations where you pay someone to do the work and you end up owning the
project.”
Q: In the music industry, what are some of the laws you
recommend an aspiring artist, producer, or label need to know?
A: “Own and read Passman's ‘Everything You Need to Know
About the Music Business’ and Billboard's ‘This Music Business’ by Shemmel and
Kraslowski. Reading Billboard Magazine will acquaint you with new laws and
trends. Free access to copies of all can be read at the Music Library on the
eight floor of the Harold Washington Library.
Q: With someone were trying to setup a production or record
company, what essential advice would you recommend?
A: “Use a
lawyer and if you can afford it, incorporate.”
Q: If they were to seek investors in today’s market, which
information would you advise they have in their business plan?
A: “because of the risk, music investors are the rarest of all investors. If
you can show a potential investor that they will be even partially paid back even
if the project fails, then you've got a better chance. I do a loan and pay back
contract that investors seem to like.”
Q: Do you have any suggested educational platforms (suggested books,
websites, blogs, or podcasts)?
A: “as contacts are almost as important as
contracts, one must attend conventions. If product is available to license, one must try the MIDEM
conference in January in Cannes, France; Almost anybody who is anybody in the
music business is in attendance. Billboard conventions are a go for beginners
and a place to meet the panelists. I like Tommy Silverman's New Music
Conference even though I haven't been a panelist there for a few years.
Billboard Magazines have lists of other conventions. When you go, don't be shy.
Put your hand out and meet people and take plenty of business cards. If you
don't have a business, then have the card read "Your Name
Enterprises", Your Name, President. As to books see above. As to the
others search the web and you'll find more than you can handle.”
Q: if someone wanted to procure your services,
how can they contact you?
A: “Jay B.
Ross, Attorney-At-Law,
842 West Grand Avenue
Chicago, Illinois 60642,
Phone (312)
633-9000
Email: music_law@msn.com
Website: http://www.jaybross.com/
Out of state phone number:
888-4JBRoss.
Also, I am a member of Super Lawyers,
Leading Lawyers, Avvo (Superb rating) Facebook, Twitter, Hi5, LinkedIn, the
Masons, The Variety Club, ZBT Fraternity and my Web site is
JayBRoss.com (J. Ross, email communication, November 16, 2011).”
Reference:
Ross, J. (2011, November 16). Music Industry Interview
With Legendary Entertainment Attorney Jay B. Ross, Attorney-at-Law.
Email interview.
Ross, J (2011). Jay B. Ross and Associates,
P.C. Retrieved November 18, 2011 FROM http://www.jaybross.com/
