simonrodkinlitigation

It's a funny old game, this music business!

david.nash@sr-law.co.uk (David Nash) — Wed, 30 Jan 2019 00:18:11 GMT

'Grime' is the new 'Mainstream'

We are extremely proud that we now represent #Artists, #Producers, #Songwriters and #DJs that we have successfully negotiated long-term deals with major Record Companies including #SonyATV, #Parlophone, #EMIRecords, #WarnerMusic (UK) and we represent clients that have had exposure on #BBC1Xtra #RadioOne #CapitalXtra who also have #Endorsement deals with #Nike #FootAsylum We also represent clients that are fast becoming recognised as leading #SocialInfluencers appearing on #Primetime #ChannelFour productions and working on material for release in #NorthAmerica We have clients, here in the UK as well as the #UnitedStatesofAmerica #Ghana #Nigeria #Trinidad #Tobago #Catford #Chamonix © David A.Nash

A Modern Music Practice

Wed, 07 Nov 2018 23:04:08 GMT

"Read between the lines"

Our Music & Entertainment Law department could still be considered in the embryonic stages (2+ years and growing) and in fact we are and actively embrace this. It allows us total freedom to work with clients on the merits of their individual circumstances and not the depths of their pockets. This is in no way to say that we refuse matters simply because we don’t wish to work with you. It means more importantly that we are able to ‘tailor’ our normal terms and conditions to better suit the individual’s personal situation. It also means that our department has been able to accept matters that on the surface do not ‘fit’ the remit but we can explore these and offer solutions where others may pass on them. It allows us to branch-out into areas, fields that we would not normally be involved with and has opened exciting opportunities and introductions to us and our clients: Film rights in ‘Animation’, ‘Comedy’, ‘Pathe’, ‘Ealing Comedies as well as modern UK/US ‘Horror/Slash’. Synchronisations for: Video, Film, Advertising, Documentaries and licensing for Hollywood ‘Brands’ who wish to use our clients copyright to proudly mention just a few. It has also introduced us to hitherto unexplored ‘genres’ to us: ‘Urban’, ‘Grime’, ‘Dub-Step’, ‘Drum’n’Bass’ and to some of the music industry’s emerging names as well as to industry’s mainstay artists.

Although our consultant David A.Nash has a standard hourly fee of £250 plus VAT we will, after our initial telephone or ‘one to one’ consultation with David and any other team members, where necessary, discuss alternative arrangements: ‘Damaged Based Agreements’, ‘Conditional Fee Agreement’ or in plain English we can choose to offer you a structured payment-plan as well as agree to (on a successful resolution) a percentage (%) of the gross figure awarded to our client by the court, if such matters reach that stage or from a settlement agreement from any the unpaid royalties awarded by third parties due to our intervention.

A Unique 'Service'

Sun, 05 Aug 2018 23:05:59 GMT

A facility like no other practice?

My hourly rate: £250 plus VAT ( contractual reviews , creation , negotiations, copyright infringements and artist disputes )

Our Firms Partners hourly rate: £250 plus VAT (litigation understanding, explanations, contractual settlement and negotiations)

If you seek/take advice from our firms partners as well as myself, we will NEVER double bill you (meaning we will never charge you 2 x £250 plus VAT for my advice and theirs). If you instruct me to review/advise/engage in your particular matter you will only ever be billed at my hourly rate. You may however, be billed if I need to instruct junior members of staff to assist, but I will inform you throughout our engagement.

What we offer, that sets us apart from other potential practices (you’ve looked up at least three before you stumbled upon us) is that you don't just get the experience of two litigation solicitors who are the firms Partners but also myself, a 'Consultant' that has experienced almost every imaginable situation in a 'career' that spans over two and a half decades in some of the industry's best AND worst roles. It's odds on if you've seen it, heard it. I've done it.

But thankfully that gives us a unique approach to your situation. It's not simply coming from a litigator’s perspective, but from someone that has been in a pair of shoes not unlike your own.

The music business is one of those industries that can create people that promise a lot, take a lot more and leave you with very little.

We, as a team try and see through all those 'promises' and when we are dealing with your 'matter' we focus on what is best for you and we will share with you from day one of your instructions to us what we feel is the best outcome to you.

“Instructing a lawyer costs money ” Everyone knows that. What we endeavour to achieve and have done repeatedly since we started our Music department in 2016 for each of our clients is the best outcome for the least amount of expenditure.

“I’m extremely proud and humbled when a client puts their faith in my knowledge and the Partners experience and that is reason enough to protect and defend our clients copyrights”.

General Summary of Services

david.nash@sr-law.co.uk (David Nash) — Sat, 28 Jul 2018 21:33:02 GMT

What are you paying for?

Our law firm is built from the foundations of it's two Partners and their understanding that a legal practice most grow with the needs of its clientele. Hence it's branching out into the Entertainment and Music industry.

We have an experienced Music Law Consultant (David A.Nash), who is very knowledgeable in relation to music law contracts, terms and rates to press for, as well as royalty registrations and collection as well as an understanding of the needs of artists as they embark on their foray in Music, Film & Television.

The firm has assisted many clients across the entertainment and music industry to secure lucrative contractual opportunities. Negotiating favourable terms and conditions in Music Publishing, Recording as well as Management, Licensing and we continue to secure new clients across the industry.

We will not charge our clients for our initial assessment of their matter.

Our fees will start from £750 plus VAT for a summary review of a draft agreement. For this fee we will review the contract and advise clients on the suggestions that we have for a better and more workable contract. All additional work; negotiating on clients behalf with 3rd party labels, publisher's will be charged at our standard hourly rate. Our fees are reasonable to amend and/or negotiate the terms of a draft contract.

We respect that at the ‘fledgling’ stages of a career money can be restricted and with that in mind we will, where necessary agree to a payment plan to suit our clients current situation. This will be reviewed on a case by case basis.

For certain engagements we would request the record label/publisher to cover our reasonable costs.

We have offices in London and Hertfordshire.

Our telephone numbers are;-
Finchley, North London Office 0208 446 6223
Bloomsbury, Central London Office, 0207 112 8841
Hatfield, Hertfordshire Office, 01707 830 244

Potential new clients may simply complete the 'Need Our Help' form on our CONTACT page and our Music Consultant will contact you directly within 3 hours of receipt.

Forum

david.nash@sr-law.co.uk (David Nash) — Mon, 21 May 2018 00:20:40 GMT

Invitations are Nationwide

A community of Writers, Artists and Producers have, over the last eighteen months approached this firm. Not only seeking Legal support, but creative advice and that’s why Simons Rodkin Solicitors LLP is making a significant, all be it reluctant mark on the industry. From here we wish to develop our relationship with our clients and introduce each one to like minded individuals who are writing/producing and performing original material.

Potential Clients should not have to fear the costs. We work together with our clients. We accept that it is not always possible to raise the monies to defend an individual’s rights in a dispute. We’ll work with you and for you.

It’s with this in mind that we will be placing a forum on our www.songwritersolicitors.co.uk to assist artists to speak to each other and we will provide constructive support along the way.

Producers?

david.nash@sr-law.co.uk (David Nash) — Sat, 19 May 2018 23:30:31 GMT

Technician or Composer?

With a new generation of Composers/Producers comes the fresh understanding that their rights are not being explained to them as they move forward in to a full-time career in the Music Industry. More and more ‘Producers’ are coming to us for representation of their ‘rights’ and a number of our clients have no understanding that they actually have ‘rights’ as a composer in the ‘works’.

Producers are selling their ‘backing tracks’ for a flat fee for anywhere between £100 pounds sterling to £1000 pounds per track, many, without sufficiently accurate paperwork/contract in place before commercial release(s) and yet they do not understand that as the creator of the ‘backing track’ they are also entitled to a share as a ‘Composer’. Our practice currently represents a select number of Producers that we are vigorously pursuing re-claiming their ‘rights’ as ‘Composers’ as well as Producer.

Simply put. What does a ‘Rapper’, ‘MC’, Lyricist, 'Top-Liner' or Vocalist put their rhymes, melodies to? A musical composition created by the ‘Composer’, Songwriter!

Unless a ‘Buy-out’ agreement is in place before the inception of the composition/recording session between ‘Artist’ and Producer, relinquishing all ‘rights’ in the musical ‘works’ the Producer remains the owner of the ‘backing track’, simply meaning that she/he is the Composer’ of the music in the ‘Work(s)’.

This, in my recent dealings on behalf of our clients, is a growing area of ‘dispute’ between Artists/Producers/Record Labels and Music Publishers. But, it is an area that with over a decade as a successful Music Publisher we are advising our clients and repairing collection registrations with PRS/MCPS and International collection societies.

© These are the sole views of David A. Nash as an individual observer of matters and are in no way the professional view/comments or supplements of Simon Rodkins Solicitors LLP, it’s Associates, Trainees or additional Consultants

A New Musical Generation!

Sat, 19 May 2018 22:19:27 GMT

'Grime' is here to stay!

As with any new ‘business’ extension, it takes some time to find your particular ‘niche’ in the marketplace. And Simon Rodkins Solicitors LLP has attracted the very finest young new breed of musical entrepreneurs’. One such individual is the Manager of ‘Parlophone Records’ freshly signed artists (today) ‘Keedah & Ganjy’ ( https://www.youtube.com/watch?v=NGL347CVJ_g ). He emblazes everything I have strived to attract to our practice.

‘Grime’ is 100% UK! North London, South London, East London, Birmingham, it’s everywhere.

‘Young, Gifted, Fed-Up and Broke’ but NEVER Beaten’! These ‘Kidz’ are being portrayed as Aggressive, Dis-Respectful, Threatening, Lazy, Money-Grabbing?

“Existing in a ‘Gang’ culture. Yes, They are!“

If you don’t want to listen/look/see, that’s what you’d think. But they’re protecting their own! They are not walking the streets to threaten, their walking around their playgrounds, their ‘comfort’ zones, their streets together to protect themselves from what many of them have, within their own four walls seen and what’s actually out there on Their streets. #Family #BrotherFromAnotherMother #SisterFromAnotherMister # entrepreneurs’

They’re making Music together. New Clothing idea’s, Gaming idea’s, Social changes, family, environmental changes, community changes Together . Their doing nothing more than many of us did 40 years ago. But we didn’t have the daily threat of a ‘shieve’ (too much OITNB)? Or a kid (for goodness sake) shooting (being in possession of a gun?) another Kid.

In my short time working FOR these clients, I have had nothing but ‘Thank You’! ‘I’m Really Grateful’ and on & on. I believe this is a new wave of exceptionally creative ‘Artists’ and ‘Managers’ and I can be nothing but proud to assist in every way that this practice and it’s Partners, Associates, Trainees and even lowly ‘Music Consultants’ can be there to share in their Successes/Stories/Journey.

© These are the sole views of David A. Nash as an individual observer of matters and are in no way the views/comments or supplements of Simon Rodkins Solicitors LLP, it’s Associates, Trainees or additional Consultants

From The 'Trenches'

david.nash@sr-law.co.uk (David Nash) — Thu, 29 Mar 2018 00:22:06 GMT

You need to Trust! We're here to fight when you can't

Sometimes, as an ‘Artist’, you may find yourself in the midst of a legal situation that is, to you, all consuming. You are of the understanding that you can handle all the facts within the matter but you still need to reach out to a solicitor or a solicitors ‘consultant’. This part of the process alone is frightening because you feel that:

a) You have to trust a stranger with something so important to you and your potential future career opportunities.

b) You have to share information that is personal and can you trust this person with something so important to you, again?

c) You have to find the money to engage a solicitor.

d) You have to relinquish ‘Control’ of the situation.

When you reach d) on the list it is quite often where client and solicitor relations break down. A good solicitor doesn’t (shouldn’t) want to be your friend, friendly, Yes. Friend? not a requirement. Call you ‘buddy’, Go out for dinner with you and your family. A Good solicitor is someone who will gather all the FACTS as they are presented to them and assess the FACTS. More often than not, they will question you endlessly until they have a full grasp of the matter and then, finally, will present you with your options and the potential outcomes for each of these options.

Where Simons Rodkin Solicitors LLP are able to take a different approach is engaging with their Music Consultant who, as a published Composer/Independent Music Publisher, with ‘titles’ at several Major Music Publishing companies Internationally, we balance the ‘artistic’ sentiment with the legal precedents of any given situation. That sets us apart from the Major legal firms in London and indeed Internationally and is something that we pride ourselves on and are protective to maintain.

Call: Katie at Simons Rodkin Solicitors LLP on 020 8446 6223 and ask to speak to our Consultant In Music, David A.Nash. Katie will ask you for some simple facts regarding your matter and, when possible, put you directly through to David who will discuss your 'matter' in more detail. We will assess the 'matter' and give you our combined opinion of your options and a (from your initial details/facts) quote for our time and services.

Legal Costs

Fri, 16 Feb 2018 23:10:36 GMT

Managing a Budget

Without question one of the most important matters that can be overlooked or even run away with itself is ‘budgeting’ for your legal requirements throughout your recording/publishing matter. Nowadays money is tighter than ever before and wasting funds on areas of business can postpone and sometimes even cancel any plans you have for any future projects.

Legal costs can run into thousands. There is no point it suggesting anything else. BUT with solid advice and tempered planning costs can be kept to a minimum with maximum protection against Copyright Infringements, Songwriting Disputes, Management Agreements, Recordings Agreements, Licensing Contracts or Publishing Agreements.

A badly managed legal situation can have adverse affects on your career that can stop it in its tracks or even set you and your abilities back years, sometimes even stopping it entirely. Legal education is in my opinion the single most important area of education after understanding your musical talents and where you are selling them and what for.

At Simons Rodkin Solicitors LLP we have taken a professional view that we will consider situations if the matter is manageable, winnable or we can settle the situation where all parties can walk away with a positive result? We will never ‘sugarcoat’ a situation or give advice that cannot be supported. We advise you what is needed to resolve your matter. We tell you if it can be resolved and we will Budget towards getting the best results possible for you and your matter.

We will consider payment plans if we feel the matter warrants consideration. We will expect something on account when we agree to take your matter but will not always expect you to afford huge sums up front.

We will consider part 'no win no fee' matters as and when the circumstances arise. All situations will be discussed in our initial no charge telephone consultation.

© David A.Nash “The views and opinions expressed in this blog are mine alone and I share them after working in and around musicians and artists for over 25 years. I invite you to do with them as you please.”

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Team Work

Sat, 03 Feb 2018 00:31:53 GMT

Remember why you started

Part of the role as a ‘Consultant’ in music for a Litigation solicitors firm is to translate the artists matter into terms and expressions that a lawyer can, if it goes that far, take into a court of law and present to a judge.

And therein lies the problem! Creating music is such a personal thing that it is very difficult for the ‘artist’ to remember every single event that happened during the creation of a ‘hit’.

You find a groove, a great melody. You write a great lyric. Your guitarist writes a riff that just works. The bass player comes up with such a fantastic ‘hook’ that it all starts blending. You laugh, you joke. You make promises to each other that “we did this together”! Then you play it to a friend who knows a friend in a label a publisher, a manager and before you know it somebody’s got to go because they don’t quite fit the ‘image’ of the potential ‘hit’ band.

If you agree your terms from day one everyone is protected. U2 is an almost perfect example. Everything split 4 ways. It doesn’t matter who started the ball rolling, it’s the unit that create the magic! Even Queen at the end agreed everything 4 ways. If you are part of a successful band that storms the world each member is responsible for that success.

The stories are endless. “Andrew Ridgely was nothing”? Are you joking? There would be no WHAM! without him, maybe even no George Michael because Andrew was beautiful, charismatic and protected George throughout their career, even afterwards. An Amazing, Gracious Gentleman. C+C Music Factory had a stunning fronting lady for video purposes, but Robert Clivilles and David Cole were the magic. No ‘Take That’ without Gary Barlow and Nigel Martin-Smith.

The 90s was spattered with groups that each member thought they were the reason for the success. It was the group, never the individual: S Club 7, 5ive all great people but it was the marketing and vision of the record labels that generated the success. Great Songwriters. Amazing Producers, Brilliant Marketing.

As I posted before, the Music Industry is almost a heaven on earth if you have all your contracts, terms & conditions in place right from the start.

Make it clear to people that are assisting you, YOU are paying them, YOU call the shots. Listen accept, question their advice but always make it understood that they work for you and NOT the other way round. That way almost everyone’s happy.

© David A.Nash “As always these are my personal opinions and experiences doing my engagement throughout the recording/publishing industry and do not generally reflect the opinions of the law firm Simons Rodkin Solicitors LLP”

The 'Business' of Music?

david.nash@sr-law.co.uk (David Nash) — Fri, 02 Feb 2018 22:17:18 GMT

Dot the 'i's and cross the 't's

The ‘Business’ of music and its manufacturing/creative results is just that a ‘Business’ and if it is not treated as such your business will fail and you will receive no income, no credit, no proof of your involvement in what could be an International ‘Hit’ single or album.

You can spend years and thousands of pounds in legal fees attempting to claim back something that if you had followed our suggestions in the first place you would have no need for us or any other legal firm.

Attention to detail and procedures are as important as having the ability to write, produce and perform a commercial ‘Hit’ single.

Having ‘worked’ in so many varied positions from songwriter, singer, producer, arranger, record executive and music publisher I can honestly say I have fallen foul of almost every negative situation possible within the industry simply because I have refused to take advice from my elders and betters on the misguided notion that I knew better. It is for these very reasons that I have spent many years interpreting the contents of all forms of agreements: Publishing, Management, Recording, Licensing, Distribution Agreements and endeavour to offer our new and existing clients a professional perspective to their individual matters.

The music industry is one of the most beautiful, exciting, challenging, creative industries there is and with the right team supporting you; Legal, Management, Music Publishing, A+R you can have the times of your life creating music to share with the masses. You can have opportunities you would never have dreamed of and see places that you could only wish to see.

Decisions need to be taken slowly and with full well informed advice at all time. Pick you team and listen but never be afraid to question anything that doesn’t feel right or you feel is not in your own personal best interests. You are the reason that people like us seek out people like you and why Managers want to manage you and Music Publishers want to publish your material.

That first ‘hit’ single can give you access to a great many doors of opportunity. It is down to you to choose the right ones for you and your career.

Understanding the PRS

Fri, 02 Feb 2018 21:30:06 GMT

Important reasons to join as a Member TODAY!

The Performing Rights Society (PRS) and if you release recordings the Mechanical Copyright Protection Society (MCPS) should become your very best associated in the Industry if you are unpublished or are releasing material via your own means.

Registering your songs (Titles) with the societies ensures you are able to collect any royalties that your material has generated from radio and television airplay and any income generated from the sale of you material online or in conventional music outlets.

The first and most important thing to do is become a member of the societies they will issue you with a unique number called a CAE number. This you will add to every single registration to make with the society ensuring that any income due to you goes directly to you. You must always add any secondary names you may use for example: 1) A.Singer 2) Mr A.Singer 3) Mr Singer any variation that could be incorrectly imputed by the registration team. The same must be done with your song title 1) A Song 2) A Love Song 3) A Slow Love Song. In many territories singles and albums are renamed for that specific territory.

If you have signed contracts regarding the title send a photocopy of that with your registration. Screenshot the logic programme or ProTools pages showing dates of creation. Accumulate as much supporting data to solidify your claim to your song.

All of this will be handled when/if you sign a recording contract or music publishing deal but it does not hurt you at all to be aware of the process. Learn to check your statements when you receive them.

The PRS & MCPS are also an excellent source of mediation if you ever find yourself in a dispute with a copyright. Someone may stake a claim on you title and you can contact the PRS to ‘freeze’ the potential income until the matter can be resolved. This is where you may feel the need to call on a firm such as ourselves.

We will instruct and co-ordinate with you the process of proving you claim. From an initial letter of intent to the third party, to seeking counsel who will issue 'pre-action protocol' letters which MUST be addressed to mediating a fair settlement or outright victory in your copyright.

A Unique Alternative

Thu, 01 Feb 2018 10:34:02 GMT

Simons Rodkin Solicitors LLP believes we offer a unique alternative to other music industry solicitors. We not only have a 30 year history of successful Litigation lawyers but we now offer ‘creative’ artists a service rarely offered by any other firm anywhere in the United Kingdom.

Our Music Department has already in its first eighteen months successfully represented clients negotiating with 20th Century Fox Films, DISNEY’s Pixar Animation, Bucks Music Group, Universal Music Publishing Group as well as matters Internationally in territories including Trinidad & Tobago, Nigeria, Cameroon, France, Germany, Jamaica to name just a few. We handle matters regarding Songwriting Disputes, Production Agreements, Licensing Agreements, Songwriting Registrations and Collections, Copyright Infringement, Management, Recording and Publishing Contract negotiations.

We take a personal as well as a professional approach to our clients concerns and needs and will endeavour to always share with our clients the pro’s and con’s to the matter presented.

Your interests will be managed exclusively by our firms Partners Simon Aaron and Lawrence Rodkin as well as our Consultant in Music David A.Nash.

David’s background as a Songwriter, Vocalist, Arranger, Producer in his early career and as Music Publisher, Record Exec and A+R ‘ Creative Manager give him a Unique ability to understand matters from the artistic perspective as well as from the legal stand point.

Looking Back at 2017

Sat, 30 Dec 2017 16:00:21 GMT

Simons Rodkin Solicitors

Almost any company that is attempting to maintain a competitive approach to their business must at regular occasions review what, if anything sets them apart from the industry’s competition or the competition they currently consider is between them and a larger clientele.

In my view and with solid reflection over the years’ activities, what has started as a new project with potential has developed into the foundation of a thriving developing department within a well established law firm.

SR Law started out many years ago as a niche litigation law firm. It has developed other Departments, but it is still fundamentally a legal dispute law firm- but with experience and competence to undertake non contentious work (from a litigation viewpoint).

The Music Law Department has strength in collaboration between a strong legal dispute law firm, and a music professional consultant- David A.Nash, who is a composer, and also an experienced manager, vocal producer and Music Publisher.

SR Law has via its consultant access to the PRS (the Performing Rights Society) and other registration and collection organisations. We do not think that any other law firm has such facility, including the ability to register titles and collect royalties for its clients with the additional security of our client protection agreements.

SR Law prides themselves as being reasonably priced, and very competitive in comparison to its rivals throughout the industry. Where necessary assistance can be secured- again at reasonable time charge rates from junior counsel specialising in media law.

Also where necessary different funding options can be discussed and also the possibility of securing adverse costs (ATE) insurance cover. Also litigation funding can be sought.

One strength of SR Law is use of their skills and experience to endeavour to settle claims upon reasonable terms prior to the filing of proceedings through the experienced use of the pre-action protocol process including mediation and/or other ADR (alternative dispute resolution).

Before proceedings are issued, as a risk management precaution, the legal position is checked by counsel.

SR Law is able to engage in the litigation process cost efficiently through the supervised delegation of relevant work - including to its associate, newly qualified and trainee solicitors (there are currently 3 trainees at the firm) and through junior counsel. A partner will always be responsible for a case and will case manage the claim and relevant work will be undertaken at partner level.

For our overseas clients we can conduct our work by telephone conferences- SR Law has experienced of acting for overseas clients. Alternatively meetings can be held at our office at 32 Bloomsbury Street, in Central London or at our new offices in Finchley, North London N3 or in Old Hatfield, Herts AL9.

Music Publishers

Wed, 20 Dec 2017 02:52:38 GMT

The 'Bank Managers' of music?

Music Publishers can and should always be the Composers best business acquaintance. Their role is essential in the songwriter’s ability for making what can be a quite substantial income from their work.

A Music Publisher will initially understand the music that has been created and often offer advice, direction to the songwriter as and where it is needed. When signing a new composer that Publisher should go out of their way to share their understanding of you potential abilities as well as an understanding of what you as an artist/composer are trying to portray to a larger audience. It is not uncommon for fledgling composers to be overwhelmed by the ‘history’ of certain Publishers.

But the most important initial question you must ask is “Will they work for my catalogue”? “Will they push my works to other artist”? “Will they collect every penny that my ‘works’ have generated”? These are essential questions that all have only one answer if you are to commit to them creatively, YES!

Simons Rodkin Solicitors LLP is committed to providing an individual approach to each matter that an Artist/Composer/Producer brings to us as well as equally supporting Recording Companies, Music Publishing Houses and Management Companies. Protecting the rights of each individual party at all times.

Why Us?

Sun, 17 Dec 2017 23:35:53 GMT

When Do You Need Legal Support? DAY 1!

In over 25 years involved with projects across the Music Industry I have reached the conclusion that the vast majority of disputes arising between Record Companies, Music Publishers, Artists and on occasion Managers is a fundamental lack of ‘communication’. Sometimes even a lack of understanding in how the contracts that are offered and later signed by artists/songwriters have been understood or more accurately misunderstood.

As much as Record Companies take a beating from a lot of artists disputing their situation it has to be understood that in the traditional nature of a Record Company it is they that are taking the initial risk in investing in new talent. It is the label that will be paying upfront for signing, recording, manufacturing, distributing, marketing, styling, dressing as well as all the costs of promoting a brand new ‘product’, national and trade press, advertising as well as transport etc. The costs can run into hundreds of thousands of pounds with no guarantee of a successful result at the end of Single One. But if they are a committed company they will go through that whole process again on Single Two and maybe even for Album One.

Every single penny, pound, Yen, euro, dollar of that initial investment MUST be recouped by the label before the percentages agreed in your original contract can ‘kick in’ and the Artist and Label will start seeing a profit from the initial product and that is where the seeds of a dispute most often stem from.

1. Where has all my/our money gone?

2. Why can’t I have more money to buy things?

3. Where is all my money going?

4. Why is he/she making money out of this and I’m not?

Any Manager, Accountant, Law Firm or A+R person should explain all this and more before you put pen to paper and signed a legally binding contract and the one's that do still have careers today with new artists, existing artists, songwriters, producer. But if the truth be told you (the ‘artist’) had spent so much time getting to that first contract that you would have walked over hot coals and your mother to sign it and get in the ‘club’. It is only with that wonderful thing called 'hindsight' that these questions can be explored.

And THAT is why Excellent legal representation is key to you longevity as a commercial artist. Why pay commissions to Managers, Agents, Publicists etc when One good firm charging a flat hourly fee can advise and support you throughout those early stages of success and recognition and when your career has reached a stage when you truly need a Manager, Agent, Publicist etc they will come courting you.

My bottom line is that there has very rarely been a situation of any individual coming into the business of 'Entertainment' whose sole intention was to 'rip off' a new, fledgling artist/act/composer, but miscommunication can be the killer to all relationships of trust.

"These are my personal thoughts as I would express them if asked by any potential clients and not necessarily those held by the firm, Partners or Associates of Simons Rodkin Solicitors LLP"

©David A.Nash

Claiming Unpaid Royalties

david.nash@sr-law.co.uk (David Nash) — Sat, 16 Dec 2017 00:54:00 GMT

Register correct details with PRS and MCPS in the United Kingdom

The PRS 'rights off' vast sums of unclaimed royalties each year to composers and reinvest that income into the development of its exceptional services, because of poorly registered 'titles'. It is not their fault. They can only assign the right royalties to the right composer if they have been furnished with all the correct information from the original source: You, Your Manager, Your Record Company, Your Music Publisher etc ALWAYS check the finer details.

You may find it tedious, but a few extra minutes checking on simple things like correct spelling of your full name. Correct spelling of your song title and any secondary title. Different territories may name a track differently to the UK title of a track. The UK release of WHAM! 'The Final' in 1986 was released as 'Songs From The Edge Of Heaven' across the United States Of America?

#AttentionToDetail is essential when making original registrations and could mean the difference between what sounds like a copy of a telephone directory hitting your doormat and a leaflet from your local sewing circle.

As a Publisher Member of the Performing Rights Society #PRS and Mechanical Copyright Protection Society #MCPS Simons Rodkin Solicitors LLP have access to a document released frequently by the #PRS called an 'UP' file. This is a vast document with the scattered information or misinformation on any unclaimed royalties currently being held at the #PRS waiting for composers to claim their share of income.

One of our flagship services is our Consultants knowledge of how to trace/track down these royalties, re-register the correct details and collect and distribute that income to the correct artist/composer, even back to the original Music Publisher. It's not what you know but who and how to use them efficiently. In addition to this our clients rest easy with the knowledge that their royalty income is protected through our client accounting system. Every penny retrieved by us will be delivered to you after deducting our pre-agreed fees for recovery, registration, collection etc

Complete our enquiry form and send any 'matters' to us. We will review your situation and offer you a free assessment and possible steps forward to resolve you enquiry.

Original agreements drafted for Cinematic exploitation

Sat, 16 Dec 2017 00:08:48 GMT

Musician Session Agreements

Simons Rodkin Solicitors LLP and their Consultant in Music David A.Nash are extremely proud to have recently represented a Record Producer in her negotiations with Disney’s PIXAR Animations for the use of her musical production in the 2017 Summer Blockbuster release ‘CARS 3’.

Agreements had to be created to indemnify the user of the production from any external fees that the musicians may try to seek at a later date. A straight forward ‘Full Buy-out’ contract for all musicians and vocalists to sign waiving any future rights in the sound recording.

We determined the areas that the contract needed covering in its terms and condition. Drafted, re-drafted and executed the agreements. Oversaw the signing and delivery by the Producer to the Talent Agency in Hollywood, California representing the actress/singer performing the track for full consideration by Executives at Disney’s PIXAR Animation.

All this was managed according to a strict timeline laid down by the Production Company in Los Angeles to comply with the ‘official’ International release of the Movie. As well as to an agreed fixed rate fee for our considerable services provided out of hours as and when required.

Client 'Case File' DECEMBER 2017

david.nash@sr-law.co.uk (David Nash) — Fri, 15 Dec 2017 23:03:58 GMT

Songwriter/Music Publisher 'Dispute'

Recently Simons Rodkin Solicitors LLP accepted a new client who for the last 17 years has been battling against Record Companies, Managers and Music Publishers to receive overdue royalties from contracts signed as far back as 2000.

He found himself embroiled in endless communications with Label Managers, A+R men and women, Lawyers and Collection companies all to no end. By the time he reached out to our firm he had lost almost everything except the knowledge that the song was his and it had been generating income from compilation around the world for almost two decades.

Through our music legal services we gathered information through the Performing Rights Society (PRS) and the Mechanical Copyright Protection Society (MCPS) of a large number of albums released in the United Kingdom which had generated combined unit sales reaching into their millions.

With that information on record we informed our client and made the proposal to contact the relevant Music Publishers and the Record Companies involved requesting a full ‘Statement of Accounts’ and that we would inform the necessary parties that our client would be seeking full payment of any unpaid royalties due to him as the Original Composer, Producer and Owner of the Sound recording.

Within seven days of Simons Rodkin notifying the parties, our Music Consultant received a direct phone call from the Managing Director of the Music Publisher involved stating that after reviewing the matter and the supporting documentation provided by our firm their intention was to provide our client with all of our requests. Three weeks after our Free initial telephone consultation we had provided a solution to a matter that could have gone on forever.

Formally Introducing

Thu, 07 Dec 2017 20:35:53 GMT

Our Literary Agency - 'Blaire' A Dark Romance by Anita Gray

2017 has seen Simons Rodkin Solicitors LLP diversify in to new areas of litigation and as well as offering services to clients needing support and advice across the board in the entertainment industry including:

· International film releases

· Intellectual property management for hereditary limited film companies

· Song writing disputes

· Production agreements, recording and publishing creation and negotiations.

The firm’s partners, Simon Aaron and Lawrence Rodkin, along with newly recruited Consultant in Music, David A. Nash, have in the departments first 18 months advised clients on matters across management, recording contracts, music publishing agreements, licensing, production and distribution terms and conditions across international territories including: The United Kingdom, The United States of America, Egypt, Jamaica, Trinidad & Tobago, Cameroon, Nigeria, Turkey, Greece, Germany, and France. All these matters are advised, protected and governed under the laws of England and Wales.

We are also extremely pleased to announce the development of the companies Literary Agency with David representing Miss Anita Gray – an Amazon ‘US’ No.1 bestselling author – in the development, consideration and acquisition of publishing opportunities to support the self-published, global online release of part 2 in Miss Gray’s Dark Romance series, BLAI2E, following on from the International success of Part 1.

We continually review and accept for consideration authentic and essential literary agencies inquiries by email or by personal referral, seeking to explore opportunities to develop the potential sales across e-books and audio platforms as well as welcoming introductions to major pre-production studios as well as scriptwriters, editors and cinematic film producers.

Royalty Registration and Collection

david.nash@sr-law.co.uk (David Nash) — Sun, 19 Nov 2017 03:42:48 GMT

How & Why To Do It?

An area that sets Simons Rodkin Solicitors LLP apart from other Entertainment Specialist Law Practice’s is we are able to offer our potential clients the facility to register with UK collection societies such as The Performing Rights Society (PRS) for Broadcasting and The Mechanical Copyright Protection Society (MCPS) for MP3, Downloads, Streaming, CD and good old fashioned Vinyl sales. The income generated by such societies is the core income when not earning from performance related events. Many composers can make an excellent income which can support them in other areas of their career by writing music specifically for production music, sometimes referred as ‘Library’ music.

It is not uncommon for composers to be unaware of this extra source of income because they have focused on having their ‘works’ included on a television show, commercial or even used in a motion picture and may well have received a payment from the production company and therefore believe this is all they are entitled to receive.

We offer our clients the opportunity for us to make the necessary registrations on our composers behalf and prior to this we will have agreed a ‘commission’ rate for such registrations depending on the amount of research such registrations are going to take us and the potential income available to be collected. All this can be discussed and agreed in our initial consultations with any potential clients.

Music Publishers

david.nash@sr-law.co.uk (David Nash) — Wed, 15 Nov 2017 23:36:46 GMT

What do they do?

The role of a good music publisher can be equally important as your potential music manager. It is a firm belief of mine that if a publisher cannot understand or ‘get’ the music they will find it extremely difficult to sell it to a mass market. Obviously that is an extremely sweeping statement.

There are excellent music publishers who deal with ‘library’ or production albums who have a far broader knowledge and understanding of what types of music are required by television companies as well as film and radio. Indeed a composer can generate an excellent income from writing music for use in a television or film production. This market is called ‘synchronisation rights’, which in simple terms means to synchronise music to a picture or image. It’s what gives a certain scene its ‘Wow’ factor, Pushes the scene with dramatic effect.

A good production music publisher will have an extensive list of contacts throughout the film and television industry and will be constantly searching for new composers to work on productions in progress. As well as an ever evolving library of music for companies, editors, producers to review at any given stage of a show/films development.

Budding composers who are looking for a music publisher will hope to find a company that will assist and develop a young writer’s talent. Will be honest enough with the composer to tell them when a song isn’t quite hitting the mark? And will be there to encourage the writer to explore new techniques, new sounds and potentially introduce them to fellow songwriters with whom they could collaborate with on future songs/productions.

The other and frankly most important role of any potential music publisher is their knowledge of registering and monitoring any royalties that may be due to the composer. Which territories are you being broadcast in? Which stations are playing your songs?

And for all these services a composer will be offered a publishing contract which should outline plainly the terms and conditions the publisher is offering you

· Royalty splits

· Duration of copyright

· Territories

· Exploitation

These are just a few of the key elements that should be included in you draft agreement.

Management

david.nash@sr-law.co.uk (David Nash) — Wed, 15 Nov 2017 16:21:22 GMT

What you should be looking for?

Who is a Music Manager?

A ‘manager’ should be an individual or company that will take you under their protective wing and develop you as the best artist you can possibly be. A ‘manager’ should make the right introductions to Co-writers, Producers, Stylist’s, Record companies and Music Publishers and negotiate the best ‘deal’ for you in each area.

A ‘manager’ should negotiate the terms of your Recording Agreement so that they pay the best possible return on Mechanical Royalties. The ‘manager’ should have a clear understanding of the Music Industry and should have contacts that will enhance you through your journey in the Music Industry. Some ‘managers’ are specific in their knowledge and skills and may from time to time bring in third party contacts to handle specific areas of the artists career. For example a ‘Tour Manager’, someone who specialises in your protection and scheduling for any ‘live’ work you are hired to perform. This could be International as well as domestic, so a good ‘Tour Manager’ will have knowledge and experience in travel requirements; VISA’s, Plane Tickets, Hotel Reservations, Transport, Security. Successful ‘managers’ will quite often have numerous clients and cannot attend every event their individual clients are booked for.

An integral part of the music ‘managers’ role is to remain ahead of the client’s needs when dealing with labels, publishers, promoters, advertising etc. You as the artist may be signed to a Major record company and therefore may not always be their main focus of attention.

It is the ‘managers’ role to chase record company executives to promote their artists internally to key markets across the globe. A ‘manager’ must make its client the single most important artist in existence to the record company, to its A+R department, its Promotions department, its Distribution department. All these areas must be monitored if the artists release is to be a success. The ‘manager’ must deal with the music publishers ensuring that songs are being tracked for airplay, licensing for compilations, synchronisation rights, which territories are broadcasting the song? The ‘manager’ must negotiate publishing advances (monies given to the composer in advance of royalties generated from airplay, licensing, sync licenses).

A successful ‘manager’ will negotiate the best terms for its artist/composer ensuring that the terms of the agreement are in the best possible favour of the composer regarding copyright retention, composer/publisher percentages, exploitation of copyrights, indeed to make sure that every possible avenue of potential royalty earnings is exploited.

A successful ‘manager’ will protect the rights of its artist/composer at all times and in all areas of exploitation, from signing the artist to their management company, to negotiating the best possible terms and conditions for recording and publishing deals. They will also build a team of people around the artist who will each use their skills in each of their specialist areas to enhance the image and reputation of the client.

Royalties, Advances, Recoupment & Retention

Sat, 04 Nov 2017 00:00:00 GMT

Advances & Recoupments

It’s a common matter that is often raised by clients disputing what they think they may be owed by Record and Publishing companies.

As exciting as it is to be offered and then sign a deal of either kind what can be forgotten very quickly is that for example: a Record company signs you as an Artist. They have negotiated terms that you mutually agree at the beginning of your recording relationship. You have accepted an ‘Advance’ on future potential income from the sale of your records. The record company has invested considerable sums of monies in the marketing, promotion, manufacturing of your single as well as the expense of creating a promotional video to support your singles release. All of these elements have left your account considerably in the ‘red’ before you have sold one single record.

It is completely the right of the record company to recoup every single penny of their original investment before another penny is paid through to you as a royalty for the accumulative sales of your single and from the publishers royalty balance sheet for broadcasting on commercial radio across the UK and if you are fortunate enough from International transmissions of your single.

This you have to understand and accept can take a considerable amount of time. As collection societies pay through to recording and publishing companies at different periods of time throughout the year. Whereas it may take 6 – 12 months to receive income from UK based sales and broadcasts it can take anywhere between 6 months and two years to finally receive income from foreign sales. A territory in South America such as Argentina will not have the prompt collection network that countries including The United States, France or Germany may have, so therefore it will have a direct impact on the timeline for distribution and collection of broadcasting and record sales. All these factors have to be understood if you as a working songwriter are to stay afloat in such a competitive industry let alone make a career earning sufficient income to exist comfortably.

Copyright Retention Periods

An element often overlooked by a burgeoning artist/composer is exactly what rights they are assigning to a record company or music publisher and for exactly how long those rights will be owned by the label/publisher. You’ve just been offered the opportunity of your lifetime; a Record deal or a Publishing deal. They’re willing to offer you money for your songs. Put you into a professional recording studio with a named Producer. The last thing you want to practically think about is twenty years into your future career. You can barely think about tomorrow you are so excited. But if you are currently managing your own affairs you need to think about the clause in your contract that refers to ‘Retention Periods’. This is the clause that states how long the record company or publishing company will own your copyright in the sound recording for the record company and the words & music for the music publisher.

It’s early days in your career so more often than not you will not be in a particularly strong position to negotiate the retention period of the contracts and the titles included in those agreements. So there will be a very strong possibility that retention will be for ‘life of copyright’ for those titles on your debut and possibly second and third album. But this may be open for discussion if you are fortunate to have ‘hit’ singles/albums with your debut releases? An important point to keep flagged in your armoury.