Asserting One's Rights

It has always seemed to me that the best time to assert one's rights in what one is creating is to do so at the outset, at the time one is negotiating with another for the created material. Once that contract is in place, and specially after you've created the material, your leverage is gone.

Why then do composers stay away from attorneys? Is it cost? Is it something else? Do they realize they're probably losing more money because they didn't have someone knowledgeable negotiate the contract originally in their favor? An agent or manager may not be good enough. Last year Uni proposed a new "standard" contract to a composer which sought to prevent a composer or his heirs from ever exercising termination rights in the music, it was a very convoluted contract and the agent who negotiated did not understand the hidden agenda behind the new language. Agents and managers may know what is a standard deal--but they don't know the law, especially about copyrights and the law of copyrights is what gives composers and creators the rights in what they create.

Without a good understanding of that law and how it dovetails with your rights will cost you more money in the long run and aggravation. Plus: is knowledge power, or is ignorance? I'd like to know your thoughts.

*******Caveat: all statements in this article are the opinions of their author and not intended as legal advice or counsel; no warranty or representation is made as to the accuracy of such statements. Should you desire legal representation, you should hire an attorney of your own choosing. For more information, you may contact the author privately. BRIAN LEE CORBER is an attorney practicing law in Los Angeles, California for nearly 30 years. He has been emphasizing music business matters since the late 1990s and follows the news in the music world, which is constantly changing, daily. He can be reached at CORBERLAW@aol.com