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Nathan Eldred
08-12-2003, 03:08 PM
I need an entertainment lawyer (actually 2 total, one to represent me,
and one for the other party), preferably in Florida if possible.
Finding these guys are near impossible, most who claim to be EA's
don't know anything about what's really involved. I've already
contacted the Florida bar, and every one I've talked to doesn't even
have a clue what a spec deal is.

Nathan Eldred
http://www.atlasproaudio.com

LJM
08-12-2003, 07:01 PM
Try Mark Rutecki in Orlando. He used to handle the entertainment field.
Here is the url. The phone is 321-559-1022 Hope this helps.
http://www.attorneylocate.com/scripts/clickthrough.asp?position=1&cat_id=29&city_id=114&hb=0&aal=1&bk=&bk

Jim Maxon

Nathan Eldred wrote:
> I need an entertainment lawyer (actually 2 total, one to represent me,
> and one for the other party), preferably in Florida if possible.
> Finding these guys are near impossible, most who claim to be EA's
> don't know anything about what's really involved. I've already
> contacted the Florida bar, and every one I've talked to doesn't even
> have a clue what a spec deal is.
>
> Nathan Eldred
> http://www.atlasproaudio.com

Mike Caffrey
08-13-2003, 12:06 AM
The vast majority of spec deals I've been involved in were better of with
writing our on agreements. Part is that most don't pan out into anything
to have worried about. Sometimes it's cheaper to do it yourself even when
it's the best thing you've ever heard.



In article <b14184ab.0308121308.231e1539@posting.google.com>,
atlasproaudio@hotmail.com (Nathan Eldred) wrote:

> I need an entertainment lawyer (actually 2 total, one to represent me,
> and one for the other party), preferably in Florida if possible.
> Finding these guys are near impossible, most who claim to be EA's
> don't know anything about what's really involved. I've already
> contacted the Florida bar, and every one I've talked to doesn't even
> have a clue what a spec deal is.
>
> Nathan Eldred
> http://www.atlasproaudio.com



www.monsterisland.com

Mike Rivers
08-13-2003, 04:50 AM
In article <b14184ab.0308121308.231e1539@posting.google.com> atlasproaudio@hotmail.com writes:

> I've already
> contacted the Florida bar, and every one I've talked to doesn't even
> have a clue what a spec deal is.

Unfortunatly rarely do the parties involved know either. But they
think they do. Just don't spec to get paid and if you do, be gracious
and grateful.



--
I'm really Mike Rivers - (mrivers@d-and-d.com)

DavidMackBlauvelt
08-13-2003, 09:24 AM
mike@monsterisland.com (Mike Caffrey) wrote in news:mike-1308030206480001
@mcaff.dialup.access.net:

> The vast majority of spec deals I've been involved in were better of
with
> writing our on agreements. Part is that most don't pan out into
anything
> to have worried about. Sometimes it's cheaper to do it yourself even
when
> it's the best thing you've ever heard.

Well as my Dad says on occassion, "he who represents himself has a fool
for a client." I would think their are a few good EA's in the
Orlando/Disney area.

I need to update wills etc. and I will use an attorney, as much as I
would like not to.

But like that episode of the Andy Grifith show where Aunt Bee tried to
get a special deal on a used freezer that never worked right and she
feels stupid for getting snookered, finally Andy says, "Aunt Bee, just
pay the man!"

That said John Knoll is around somewhere and he uses a "standard" spec
contract of some sort, maybe you can ask him. Of course the time when you
want the contract to work as planned is when it's needed the most.

Mike Caffrey
08-13-2003, 05:35 PM
In article <Xns93D67449D7D98dbluefieldmindspring@207.69.154.20 5>,
DavidMackBlauvelt <dbluefieldnospam@mindspring.com> wrote:

> mike@monsterisland.com (Mike Caffrey) wrote in news:mike-1308030206480001
> @mcaff.dialup.access.net:
>
> > The vast majority of spec deals I've been involved in were better of
> with
> > writing our on agreements. Part is that most don't pan out into
> anything
> > to have worried about. Sometimes it's cheaper to do it yourself even
> when
> > it's the best thing you've ever heard.
>
> Well as my Dad says on occassion, "he who represents himself has a fool
> for a client." I would think their are a few good EA's in the
> Orlando/Disney area.
>
> I need to update wills etc. and I will use an attorney, as much as I
> would like not to.

There's a difference between a spec deal and a will. In general, nothing
ever comes of spec deals, so there's probably no need for the piece of
paper. With a will on the otherhand, that piece of paper will definitely
be used some day.

Rather than spend time an money dividing up zero, do a quick general deal
and get to work so that you at least have a demo and no hard feelings. A
simple general agreement is more effective unles you have a track record
of huge successes. Then maybe you wnat the detailed level of hiring
attorneys.



www.monsterisland.com

Fletcher
08-14-2003, 05:43 AM
Mike Caffrey wrote:

>
>
> There's a difference between a spec deal and a will. In general, nothing
> ever comes of spec deals, so there's probably no need for the piece of
> paper.

As someone who has had a couple of 'spec' deals actually come in... I can tell
you from experience that the paper is more than worth the money... by not
having paper on a spec deal that got signed I probably lost around a nice "S
class" Mercedes... and I'm not talkin' like a base model S430, I'm talkin'
closer to an S500.

The next two 'spec deals' I did I had paper... they lived up to their name and
I really didn't 'spec' nothing to happen when I walked into them [but they were
fun projects to do]... the one after that got signed... paid off about half my
mortgage... but the album was never released so my 'backend' didn't work worth
a damn.

Being the dumb **** I am... if I run into something else I think is worth
doing... we're gonna have paper to be sure... and I'll 'spec' to have some fun
making the damn thing... but I'll never 'spec' to make a ****in' dime off it.

The long and the short of it is that if you hope for the best and prepare for
the worst... you're fine. Paper never gets looked at when things are going
well... but when **** falls apart you have all the definitions of your
agreement right there in black and white. If the paper is written fairly in
the beginning then it'll hold up to any legal challenges [from either side]...
and if the paper is written inequitably than it won't stand up to the challenge
[and it'll only be challenged if something does indeed go right... and one of
the parties turns into an asshole, or was an asshole when the paper was
written].

Better to spend a couple grand on getting paper done and having everything
defined before you walk in than risk losing a **** load of money... and if that
happens... you're also gonna lose a few people from your life you once
considered friends. The thing about 'spec' deals is that "both sides" feel
very entitled if it gets signed... the artist(s) feel it's their god given
talent that they got signed... the person doing the 'spec deal' feels it's
their visionary genius that got the artist where they are... so they deserve a
lions share of the money... this too is where **** breaks down. If you write
the deal fairly in the first place... it can lead to a good long term working
relationship. If the deal isn't written fairly... the artists will throw you
under the ****ing bus so quickly you'll see the word 'Vanhool' on your forehead
every time you look in the mirror.

Paper is cheaper all the way around.
--
Fletcher
Mercenary Audio
TEL: 508-543-0069
FAX: 508-543-9670
http://www.mercenary.com
"this is not a problem"

axtogrind
08-14-2003, 08:59 AM
Amen. As I tell potential clients, you can pay me now (to do it right) or
pay me a lot more later when it hits the fan. It is what I do all day, so I
don't really care which you do - but chances are good that YOU will much
happier if you pay me up front to make it right, rather than paying me to
clean it up later. Depends on your risk aversion. Gamblers and
know-it-alls usually pay later.

This lawyer's two cents...

atg

"Fletcher" <Fletcher@mercenary.com> wrote in message
news:3F3B7510.B2EBBC47@mercenary.com...
snip

The long and the short of it is that if you hope for the best and prepare
for
the worst... you're fine. Paper never gets looked at when things are going
well... but when **** falls apart you have all the definitions of your
agreement right there in black and white.

snip

LeBaron & Alrich
08-14-2003, 10:41 AM
Fletcher <Fletcher@mercenary.com> wrote:

> As someone who has had a couple of 'spec' deals actually come in... I can tell
> you from experience that the paper is more than worth the money...

Listen to this, people. Because if you do not do the paperwork to
support your spec deals you _WILL_ not expect to get paid if you have
any sense about you. Only with the supporting documents that witness
agreement will you have the slimmest chance of recouping anything at
all.

When product starts to meet success the assholes start to come out of
their suits, and they will **** you out of your money unless you have
the legal backing to lock them into their pants. If you are thinking of
speculative recording and production work as an item of _business_, then
you'd damn well better be _businesslike_ about it or you can kiss your
efforts goodbye.

--
hank alrich * secret mountain
audio recording * music production * sound reinforcement
"If laughter is the best medicine let's take a double dose"

axtogrind
08-15-2003, 09:01 AM
Amen. As I tell potential clients, you can pay me now (to do it right) or
pay me a lot more later when it hits the fan. It is what I do all day, so I
don't really care which you do - but chances are good that YOU will much
happier if you pay me up front to make it right, rather than paying me to
clean it up later. Depends on your risk aversion. Gamblers and
know-it-alls usually pay later.

This lawyer's two cents...

atg

"Fletcher" <Fletcher@mercenary.com> wrote in message
news:3F3B7510.B2EBBC47@mercenary.com...
> Mike Caffrey wrote:
>
> >
> >
> > There's a difference between a spec deal and a will. In general, nothing
> > ever comes of spec deals, so there's probably no need for the piece of
> > paper.
>
> As someone who has had a couple of 'spec' deals actually come in... I can
tell
> you from experience that the paper is more than worth the money... by not
> having paper on a spec deal that got signed I probably lost around a nice
"S
> class" Mercedes... and I'm not talkin' like a base model S430, I'm talkin'
> closer to an S500.
>
> The next two 'spec deals' I did I had paper... they lived up to their name
and
> I really didn't 'spec' nothing to happen when I walked into them [but they
were
> fun projects to do]... the one after that got signed... paid off about
half my
> mortgage... but the album was never released so my 'backend' didn't work
worth
> a damn.
>
> Being the dumb **** I am... if I run into something else I think is worth
> doing... we're gonna have paper to be sure... and I'll 'spec' to have some
fun
> making the damn thing... but I'll never 'spec' to make a ****in' dime off
it.
>
> The long and the short of it is that if you hope for the best and prepare
for
> the worst... you're fine. Paper never gets looked at when things are
going
> well... but when **** falls apart you have all the definitions of your
> agreement right there in black and white. If the paper is written fairly
in
> the beginning then it'll hold up to any legal challenges [from either
side]...
> and if the paper is written inequitably than it won't stand up to the
challenge
> [and it'll only be challenged if something does indeed go right... and one
of
> the parties turns into an asshole, or was an asshole when the paper was
> written].
>
> Better to spend a couple grand on getting paper done and having everything
> defined before you walk in than risk losing a **** load of money... and if
that
> happens... you're also gonna lose a few people from your life you once
> considered friends. The thing about 'spec' deals is that "both sides"
feel
> very entitled if it gets signed... the artist(s) feel it's their god given
> talent that they got signed... the person doing the 'spec deal' feels it's
> their visionary genius that got the artist where they are... so they
deserve a
> lions share of the money... this too is where **** breaks down. If you
write
> the deal fairly in the first place... it can lead to a good long term
working
> relationship. If the deal isn't written fairly... the artists will throw
you
> under the ****ing bus so quickly you'll see the word 'Vanhool' on your
forehead
> every time you look in the mirror.
>
> Paper is cheaper all the way around.
> --
> Fletcher
> Mercenary Audio
> TEL: 508-543-0069
> FAX: 508-543-9670
> http://www.mercenary.com
> "this is not a problem"
>
>

Nathan Eldred
08-16-2003, 11:21 PM
Thanks everyone for the great advice and contacts. Hopefully this
will work out, and of course I will cover my butt to the greatest
extent of the law. If it doesn't go anywhere, at least I have a
quality calling card that I was able to my way.

Nathan Eldred
http://www.atlasproaudio.com


atlasproaudio@hotmail.com (Nathan Eldred) wrote in message news:<b14184ab.0308121308.231e1539@posting.google.com>...
> I need an entertainment lawyer (actually 2 total, one to represent me,
> and one for the other party), preferably in Florida if possible.
> Finding these guys are near impossible, most who claim to be EA's
> don't know anything about what's really involved. I've already
> contacted the Florida bar, and every one I've talked to doesn't even
> have a clue what a spec deal is.
>
> Nathan Eldred
> http://www.atlasproaudio.com

Mike Caffrey
08-17-2003, 07:20 PM
That post was commenting on the likleyhood of a spec deal paperwrok being
looked at vs a will being looked at. I shoulnd't have said that you don't
need paper becuase that's not what i meant. In fact I signed a spec deal
tonight.

the vast majorit of spec deals don't come through and in most cases is it
better to come up wth a simple agreemnt that both parties write together
than to spend the money on lawyers. The fact is mot spec projects can be
complete in the time it takes the lawyers to negotiate them. At the music
business entry level it's far more important to focus on the work than the
business. If you have "it" the money and the lawyers will come when they
are needed.




In article <3F3B7510.B2EBBC47@mercenary.com>, Fletcher@mercenary.com wrote:

> Mike Caffrey wrote:
>
> >
> >
> > There's a difference between a spec deal and a will. In general, nothing
> > ever comes of spec deals, so there's probably no need for the piece of
> > paper.
>
> As someone who has had a couple of 'spec' deals actually come in... I can tell
> you from experience that the paper is more than worth the money... by not
> having paper on a spec deal that got signed I probably lost around a nice "S
> class" Mercedes... and I'm not talkin' like a base model S430, I'm talkin'
> closer to an S500.
>
> The next two 'spec deals' I did I had paper... they lived up to their name and
> I really didn't 'spec' nothing to happen when I walked into them [but
they were
> fun projects to do]... the one after that got signed... paid off about half my
> mortgage... but the album was never released so my 'backend' didn't work worth
> a damn.
>
> Being the dumb **** I am... if I run into something else I think is worth
> doing... we're gonna have paper to be sure... and I'll 'spec' to have some fun
> making the damn thing... but I'll never 'spec' to make a ****in' dime off it.
>
> The long and the short of it is that if you hope for the best and prepare for
> the worst... you're fine. Paper never gets looked at when things are going
> well... but when **** falls apart you have all the definitions of your
> agreement right there in black and white. If the paper is written fairly in
> the beginning then it'll hold up to any legal challenges [from either side]...
> and if the paper is written inequitably than it won't stand up to the
challenge
> [and it'll only be challenged if something does indeed go right... and one of
> the parties turns into an asshole, or was an asshole when the paper was
> written].
>
> Better to spend a couple grand on getting paper done and having everything
> defined before you walk in than risk losing a **** load of money... and
if that
> happens... you're also gonna lose a few people from your life you once
> considered friends. The thing about 'spec' deals is that "both sides" feel
> very entitled if it gets signed... the artist(s) feel it's their god given
> talent that they got signed... the person doing the 'spec deal' feels it's
> their visionary genius that got the artist where they are... so they deserve a
> lions share of the money... this too is where **** breaks down. If you write
> the deal fairly in the first place... it can lead to a good long term working
> relationship. If the deal isn't written fairly... the artists will throw you
> under the ****ing bus so quickly you'll see the word 'Vanhool' on your
forehead
> every time you look in the mirror.
>
> Paper is cheaper all the way around.
> --
> Fletcher
> Mercenary Audio
> TEL: 508-543-0069
> FAX: 508-543-9670
> http://www.mercenary.com
> "this is not a problem"



www.monsterisland.com

Mike Rivers
08-18-2003, 07:35 AM
In article <mike-1708032120040001@mcaff.dialup.access.net> mike@monsterisland.com writes:

> The fact is mot spec projects can be
> complete in the time it takes the lawyers to negotiate them. At the music
> business entry level it's far more important to focus on the work than the
> business. If you have "it" the money and the lawyers will come when they
> are needed.

That's good practical advice, but everyone who takes on any project,
spec or paid-in-full is always hoping for that big break. Unless
the music is so bad that you really don't want to record it but it's a
very good friend of a very good friend, unless you're an experienced
producer, you really can't tell that before you start the project.

Anyone who worked for free would be bitter to find that their
recording made a pile of money for the act and none of it came back to
the studio because "we didn't agree to pay you anything." So that's
why you have an agreement. If it's written, at least you have a chance
of taking it to court if you want to do that. Othewise, it's not worth
the paper it's not written on.



--
I'm really Mike Rivers - (mrivers@d-and-d.com)

Mike Caffrey
08-19-2003, 11:32 AM
In article <znr1061204612k@trad>, mrivers@d-and-d.com wrote:

> In article <mike-1708032120040001@mcaff.dialup.access.net>
mike@monsterisland.com writes:
>
> > The fact is mot spec projects can be
> > complete in the time it takes the lawyers to negotiate them. At the music
> > business entry level it's far more important to focus on the work than the
> > business. If you have "it" the money and the lawyers will come when they
> > are needed.
>
> That's good practical advice, but everyone who takes on any project,
> spec or paid-in-full is always hoping for that big break. Unless
> the music is so bad that you really don't want to record it but it's a
> very good friend of a very good friend, unless you're an experienced
> producer, you really can't tell that before you start the project.
>
> Anyone who worked for free would be bitter to find that their
> recording made a pile of money for the act and none of it came back to
> the studio because "we didn't agree to pay you anything." So that's
> why you have an agreement. If it's written, at least you have a chance
> of taking it to court if you want to do that. Othewise, it's not worth
> the paper it's not written on.

I agree. I think at the beginning and intermediate and even a little
beyond the $750-1,000 (x2) spent on lawyers (for both sides) would be
better spent on other things - taking off extra time from day jobs for
recording, gear purcahses, gear rentals for the session. There are simple
deals that can be done in 2-4 sentences that allow you to not get bogged
down in detailed negotiations and strain relationships before tracking.

sometiems 4 sentences is not enough, but at that point it's becuase there
is real money involved and you can use that moeny to pay for a rela
entertainment lawyer when you need one.



www.monsterisland.com