Protecting Record Producer's Interest In Music-Royalty Audit Scenarios
An unfortunate fact in the recording industry is that successful records result in audits by royalty participants. This is partly due to the entrenched distrust that artists have for record companies and partly to simple prudent business practices. If an artist sells hundreds of thousands or millions of units around the world, it would be the rare company that could move that many pieces of product without making a mistake. Sometimes the mistakes are just mistakes, and sometimes an audit holds up a mirror that reveals what happens under the record company hood - warts and all. And the "all" category can be very interesting.
Pet Peeves in Negotiating Entertainment Deals
I've edited a treatise on what to do when negotiating contracts in the entertainment industry. This article is about what not to do. What started me thinking about this was when an attorney insisted that an option contract between my producer client and his playwright client contain a provision that the playwright be invited to the opening night party. Then I started thinking about the other things that almost drive me over the edge when I am negotiating with other attorneys in our business.
<i>Clause & Effect</i><b>Interpreting 'Preliminary' Joint Venture Agreements</b>
Celebrities and entertainment entities may enter into joint venture agreements for projects with other parties to obtain funding and/or administrative support. The joint venture may begin with an initial letter agreement between the parties, though there are specific elements that must be included to make the letter agreement binding.
Leadership Transition in a Law Firm
How does a law firm transition leadership from the founders or the current set of leaders to the next generation of leaders? There are three models of transition: King to Prince, CEO with credibility to COO with credibility and accepted founder/leader to people who should become leaders. Obviously the last model is the most difficult to execute. The approach for this transition model is also applicable to the first two. The King to Prince will probably not make the transition because benevolent despotisms crash if the Prince has not gone through a credibility building process. The CEO to the COO assumes the COO has gone through the process outlined below.
Do Contractors Make the Best Firm 'Employees'?
Any personnel professional will remind us that finding the right person for a niche position is difficult at best. Carefully weighing the dictates of a job, the necessary skills and salary limitations can be a daunting task, especially in the legal field. As alternatives to "employment," there are several ideas that warrant a discussion.
Warning Signs: How to Spot Partner Dissatisfaction and What to Do About It
By no means do the economic stability and steady growth of a legal practice ensure harmony in the partner ranks or, for that matter, the contentment of any single lawyer. Managing partners who breathe too easily when reassuring revenue or profit numbers get posted may endanger their firms by ignoring tell-tale signs of disharmony. Law firms have been known to go out of business amid strong financials just as precipitously as when those numbers tumble. Remember Shea & Gould?
How UK Franchisors Protect Their Trade Secrets
As in the United States, franchisors in the United Kingdom usually invest in protecting their brand by way of trademark registrations, usually a Community Trade Mark (CTM). However, although they spend a considerable amount of time, money, and resources developing their customer databases and refining their business methodologies and know-how (and detailing this in the franchise Operations Manual, to which their franchisees and employees are given access), U.S. franchisors rarely seem to devote the same resources to protecting these trade secrets in the United Kingdom.
The Role of Motive in Franchise Termination Cases
Should the franchisor's motive in a franchise termination case ever become the central issue? Some courts answer that seeking the true reason for termination is the target inquiry, as if a franchisor could not have a mixed motive for termination. The question turns the trial into a search as to whether the franchisor has breached an implied covenant of good faith and fair dealing which augments the terms of a written franchise agreement. Often the outcome depends on where in the life of the franchise relationship the dispute arises. At the end of the relationship, courts considering the propriety of termination and nonrenewal often treat the role of good faith and fair dealing differently than when, for example, reviewing whether the franchisor imposed unreasonable standards of performance.
