Book Review: "One Way Out: The Inside History of the Allman Brothers Band"

"One Way Out," by Alan Paul (2014)

If you enjoy rock 'n roll history as much as I do, check out Alan Paul's biography One Way Out: The Inside History of the Allman Brothers Band (2014), an iconic southern rock band for 40+ years based out of Macon, Georgia. From the very beginning to present day, their story is told entirely by the remaining band members themselves, in their own words, organized chronologically through a series of interviews and lightly narrated by Paul. 

Besides authoring a litany of classic rock hits, the Allman Brothers Band is perhaps most famously known for suffering the loss of two of its founding members to motorcycle accidents within a year of each other very early on in their career. Gregg Allman, with his admitted alcoholism and curious public behavior (including a short-lived marriage to Cher), paired with a rotating cast of band members throughout the years, left the Allman Brothers Band with a reputation for being both dysfunctional and legendary. The author does an excellent job of revealing - perhaps for the very first time - all the intricate business, legal and interpersonal dealings that occurred behind the scenes with every band member, every album, every tour and every hiring, firing and (sometimes) re-hiring. 

"One Way Out" is even more enjoyable while listening to the Allman Brothers Band discography (available on Spotify) while simultaneously learning the stories behind many of the band's most popular songs. You may find yourself, as I did, listening to old, familiar tunes for the first time all over again. No matter what, you will walk away from the book feeling like you know each band member personally, with a new-found respect for the incredibly hard work it takes to keep a band together. 

Highly recommend; 10/10.

Long Live the Great American Band

Photo of The Law Band. Photograph by Bonnie M. Moret

I love bands, so I'm dedicating the month of September to them. You can follow me on Twitter for #LifeProTips for bands this month. My all-time favorite music genre is rock, so naturally most of my top favorite musical acts are bands. I also live and work in Atlanta, where bands seem to be the predominant art form, at least in the live venues I frequent. That's not a knock on my beloved solo artists and singer-songwriters - I love you guys and gals, too - I'm just a rock 'n roll girl at heart with a hardcore appreciation for team work.

As an entertainment attorney, and even more so as a band manager, I have a unique perspective into how bands operate as a closely held small business, and how the relationship of its members determines everything about the band. It's not as easy as it looks. A band is very much like a marriage and a business intertwined. You have to carefully balance your intimate, artistic relationship with your band mates with the seemingly incompatible mission of building a viable economic relationship together. Even among the best of us, either one of those tasks would be challenging enough, so to succeed at both takes a whole lot of commitment and a little bit of smart planning.

Here are some common scenarios that young bands face, for which hiring a lawyer who specializes in bands can go a long way. Not only could it help prevent a ton of stress and possibly litigation, but it may actually help save the "Great American Band" I love so much:

(1) Ownership of the Recordings. So you and your friends got together and recorded an album in another buddy's home studio. Nobody got paid - it was just a fun project (at the time, at least). You uploaded the tracks to the band's Soundcloud and Reverb pages. Now the music is gaining traction and you want to start selling it. But you have to ask yourself, who gets to keep the money from those sales, and in what proportion? Who do the master recordings even belong to? Does the buddy with the studio have any rights to the music? Don't wait until everyone starts fighting over money - get your agreements in writing beforehand. A good lawyer can help you do precisely that.

(2) Songwriting and Publishing. Maybe your band has one primary songwriter, or maybe it has several co-writers, or maybe you just want to record a whole album of classic country covers. Whatever your situation is, part of the process of recording and commercializing music involves obtaining the proper publishing permissions for the underlying songs (aka "the compositions"). Every songwriter should research and learn more about the copyrights and publishing rights to the songs they write and record. Publishing is arguably the most complicated area of the music industry, but the good news is, you don't have to go it alone. A lawyer experienced in music publishing and copyrights can help you navigate that terrain. 

(3) Band Name and Logo. Every band has a story behind their name, but not every band remembers it - or rather, not every band mate remembers it the same way. To whom exactly does the band name belong? What if the person who came up with it leaves the band? Do you have a logo, and if so, who created it? Who gets to earns money from the sale of band merch containing the band name and logo, and it what proportion? What happens to the name if the band breaks up? A lawyer who specializes in music industry practices and intellectual property law can help you work these issues out.

(4) Hiring and Firing Members. If you haven't had to fire a band mate yet, or had one quit on you last minute, or had one pass away unexpectedly, consider yourself lucky - it's probably just a matter of time. It's an awful process to lose a band mate, but you can minimize the damage to the band as a whole by having a clear process in place for situations like that before the event occurs. You can also devise a plan for incorporating new members into the band that's fair to the existing ones. For the sake of your band and fellow band mates, it is highly recommended you get these important processes in writing. A lawyer specially trained in band dynamics and operating agreements can help you do just that.

Beth B. Moore is an entertainment lawyer at The Beth B. Moore Law Firm based in Atlanta, Georgia. She specializes in representing bands and assisting them in the formation of workable solutions to their unique business needs as multi-member acts.

The Beth B. Moore Law Firm Celebrates 2-Year Anniversary, Relaunches Website

Relaunching The Beth B. Moore Law Firm website.
www.BethBMoore.com

I'm happy to announce that as of August 2014, The Beth B. Moore Law Firm has been in existence for two wonderful and transformative years. I decided to celebrate the occasion by redesigning and relaunching my firm's website, www.BethBMoore.com. This moment is made possible not just by one but in fact two important anniversaries in my life.  

In August 2012 I took two major steps forward. First, I married the love of my life and adopted his surname of Moore. Second, as soon as we returned from our honeymoon, I began registering my new law practice under my new name and began preparing for this new chapter in my life, both as a solo practitioner and as a spouse. 

My desire to open my own practice was fueled entirely by my desire to have an up-close and personal relationship with my clients. Having grown up in Atlanta, I've always been surrounded by visual artists, songwriters, musicians, bands, comedians, filmmakers and countless other creative types. Lacking artistic talent myself, however, I sought out the next hardest thing I could do to pursue a profession in the creative arts, which meant going to law school. By the summer of 2012 (not coincidentally aligned with my impending nuptials and name change), I felt the timing was finally right to hang my own shingle and pursue my original goal that motivated me to take the LSAT in the first place, which was to become a self-employed entertainment law practitioner.

When I started The Beth B. Moore Law Firm, I brought with me the experience of having worked in both entertainment law and in small business, but I knew I still had a lot to learn. Not to mention I still had to get used to answering to the name "Mrs. Moore." These past two years have been an ongoing experiment in learning all new methods of record keeping, accounting, marketing, web design, social media management, networking, client development, sales, invoicing and a whole host of other areas of business I've had to become proficient in, in addition to further developing my entertainment law expertise. All while simultaneously embarking on an identity-altering journey with my chosen life partner.

What I've discovered is that each and every day of self-employment offers an opportunity for brand new learning experiences, and as a lawyer, it's my job to capitalize on as many of those teachable moments as possible. The "battle" is never won, and the "war" is never over - the search for new clients and projects to work on is a lifelong pursuit. No matter how much knowledge I possess, there's always more to be discovered. Given this invariable truth, I'm forever grateful that I love my job and that I've discovered a purpose in life that fulfills my soul, each and every day. I'm even more fortunate that I get to say the same thing about my marriage.

Happy Anniversary, from the Moores! Here's to many more to come.

Songwriter vs. Recording Artist: Understanding the Difference

Photography by Bonnie M. Moret

A lot of my clients are musical artists - either they write songs or they record songs, or both - so understanding the differences between the rights and royalty streams available to songwriters versus those available to recording artists is incredibly important to an artist's career.

For the Songwriter 

Everything starts with the song. If you don't have a song, nothing else matters. By "song" I mean the lyrics and instrumental bed of a singular piece of work. That song (or "composition," as it's referred to in the music industry) might be written 100% by one person, or it might be split up among several co-writers in any number of proportions. Either way, songwriters' rights under U.S. Copyright law are highly protected, so that if anyone wants to record, sell or exploit a song, they will likely have to pay the writer (or writers) of that song certain fees, such as mechanical licensing fees for the right to reproduce the song (ie. as a recording for sale as a physical cd or digital download) and/or synchronization licensing fees for the pairing of the song with an audio-visual format (ie. for use in film, television or advertising). Songwriters are also eligible to receive public performance royalties for the exploitation of their song for commercial purposes (ie. music that plays on terrestrial radio, on television, in department stores, in bars and restaurants, etc.). There are other revenue streams available to songwriters, but those are the big ones. Be sure to consult with an experienced attorney and/or business adviser to learn more about the different revenue sources available to songwriters.

For the Recording Artist

Oftentimes an artist who records a song is not the same person who wrote the song, so let's practice thinking about them as two separate roles, because they are, in fact, entirely different skill sets. A recording artist can't look to the same revenue streams dedicated to songwriters; instead, they have to look elsewhere, and typically that includes a share of the revenues collected by the record label for sales of the song (ie. physical cd sales and digital downloads, minus the cost of distribution, including songwriter fees). Another source of revenue available to recording artists may come from "master use" licenses, the fee paid by a licensee when they want to use a recording in film, television or advertising (typically paired with a corresponding "synchronization" license for the songwriter, as noted above). Recording artists can also sign up with (or have their labels sign them up with) Sound Exchange, a non-profit organization that collects and distributes licensing fees for recordings played in certain instances over the internet. Consult with your attorney and/or business adviser to learn more about the different types of revenue streams available to recording artists.

As you can see, the categories of income available to a songwriter versus a recording artist are entirely segregated, even if the same person comprises both roles. However, it's just as common for someone to only fall into one category - either songwriter or recording artist - and to have a very good career doing so. Regardless, it's important for both songwriters and recording artists to understand how all revenues are distributed in the music industry, so that you can understand how to capture what is owed to you, either under contract law or under U.S. Copyright law. Contrary to common belief, money doesn't just magically show up in your mailbox or bank account without demanding it first!

Beth B. Moore is an entertainment lawyer at The Beth B. Moore Law Firm in Atlanta, Georgia. She specializes in representing songwriters and recording artists of all genres of music, including helping them protect and defend their rights and revenue streams throughout the music industry.

Recap of 2013: The Year of The Law

Photo by Beth B. Moore for The Law Band (c) 2013

I fought The Law Band, and The Law Band won... though I can't say I fought back terribly hard. I never sought to be a band manager, but alas, here I am. The Law Band took me hostage with their music, turning me into a fully functioning Stockholm Syndrome patient with a badge and a mission. The deal was sealed with the December 2013 release of their album "Dust and Aether" and music video for "Crazy Lonesome" (which won "Best Music Video" at the 2013 GA Music Awards, by the way!).

Aside from loving The Law Band's music, I accepted the gig in part to better myself as a lawyer. It's one thing to explain a legal concept on paper; it takes an entirely different skill set to apply those concepts in real life. I wanted to live in the trenches, to learn a new perspective, so I could advise my clients better, and on a more personal basis.

In 2013 I learned how to manage bookings, accountings and relationships. I made more friends (both real and online) in one year than most people will know in a lifetime. I've had personal and professional successes, as well as my fair share of heartbreaks and failures. I've learned that band membership can be negotiable and revokable. I've accepted the absurdity that lies at the conjunction of art and commerce - two long-time foes - and the illogic that often accompanies it. 

The Beth B. Moore Law Firm is still alive and thriving in the cultured Atlanta community, and I'm having a great time exploring the legal market with the added benefit of my managerial experience. If you ever get a chance to see The Law Band live, you're likely to find me lurking somewhere in the venue, probably taking photographs. Come take one with me!