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!

The TAG Entertainment Summit - Atlanta, GA

On September 20, 2012, I had the privilege of attending my first event with the Technology Association of Georgia (TAG), held  at the Georgia Tech Research Institute, a large convention hall on 14th Street. TAG is a professional membership organization for Georgia business leaders in various industries with one commonality - the use and development of technology. Since technology pervades practically every modern business, not to mention our personal lives, there is virtually no industry exempt from the TAG umbrella.

Luckily that also means TAG has an entertainment division, which seems very robust, well marketed and well vetted, with at least 100 attendees to see over 20 top quality panelists, including Mala Sharma, Simon Horrocks, Iain Bluett, Don Mandrick, Steve Weizenecker, Blue Rocks, and Marshall Seese, to name a few.

But what I want to talk about was the surprise introductory session, a fire-side chat of sorts (without the fire) with arguably the man responsible for Georgia's initial rise and growth of the entertainment industry starting back in the 1970s, Ed Spivia. Ed was instrumental in creating a collaboration between Hollywood film studios and local and state governments in Georgia to convince the studios to film their projects (and, hence, spend their money) in our beautiful state. Ed was the first person to propose to then-Governor Jimmy Carter the idea of a Georgia film industry board to help attract more entertainment industry business to the state, which Carter approved and Ed implemented. Together they would travel to California, meeting with top film executives and bringing back millions of dollars worth of film projects to the state's economy.

Ed is most well known in the film industry as an extra in the movie Deliverance, a movie I actually really liked, despite the controversial content, and I paid homage to its legend by rafting the Chattooga River (including Bull's Loose) back in 2005. Ed is also responsible for setting up the original Lakewood Fairgrounds as a major film studio, which eventually spun off the Lakewood Amphitheater next door, a venue I practically lived in as a teenager as I was first falling in love with live music. Although Lakewood Fairgrounds was later turned into a large antique mall, it was sold in 2006 to Screen Gem Studios and was reconverted to a film studio, which is generating millions of dollars worth of jobs in Georgia.

The reason entertainment industry jobs are so important to attract to our state (besides it being a "green" industry which leaves a minimal impact on the environment), it requires production companies to necessarily spend a lot of money in Georgia by hiring local crew members, extras, location scouts, set designers, caterers, port-o-john suppliers, carpenters, lumber suppliers, car rentals, hotels, crane operators, technicians, and other services providers from the towns and cities in which they film.

Blockbusters such as "Midnight in the Garden of Good and Evil" and "Forrest Gump," both filmed in Savannah, Georgia, naturally gave way to a whole new local industry surrounding film tourism, where fans can experience the actual set of the movie by visiting the quaint southern port city, not to mention the merchandising opportunities, such as selling replicas of the famous garden statue in "Midnight." The film industry in Georgia is actually leaving a permanent mark everywhere it goes, particularly in small rural towns, by creating a trail of prosperity that continues to thrive even long after the film has left the theaters.

Now the question is, how can we do that again?

Technology Association of Georgia
Entertainment Summit - Atlanta, GA - Sept 20, 2012

Beth B. Moore Launches New Entertainment Law Firm in Atlanta

Beth B. Moore, Esq. is a solo entertainment law practitioner in Atlanta, Georgia. She is a 2011 graduate of Georgia State University College of Law and a 2004 graduate of the University of Georgia. As an Atlanta native and lifelong resident, Beth grew up in the suburbs of Dunwoody and Norcross. She currently resides in Brookhaven, just north of downtown Atlanta.

Beth B. Moore, Entertainment Lawyer
www.BethBMoore.com

Why did you decide to go into entertainment law?

Beth: "I've always been an avid fan and consumer of music and art, and sometime during my mid-20s I realized that music and art were the only two things I really cared about (besides friends and family, of course), so I decided to make my passion my profession. Since I couldn't play a musical instrument to save my life, I asked myself, what's the next hardest thing I can do? That's how I decided I would go to law school - so I could use the knowledge and skills I learn in law school by applying it to the arts and entertainment industries."

What do you do as an entertainment attorney?

Beth: "My primary focus is contracts. If you need legal advice for drafting or reviewing a contract related to the entertainment industry, then I'm your gal. I eat, sleep and breath contracts. The entertainment industry is a collection of individuals and companies each interacting with one another through a series of contracts which govern each party's responsibilities, expectations and earnings. Without a contract in place, a relationship is more likely to fall apart, and issues are more likely to arise, especially when money becomes involved. I recommend the use of contracts to guard against trouble down the road, as well as to govern the behaviors of the parties during the contract period."

What are the rates you charge as an entertainment attorney?

Beth: "As of August 2012, my rate is $125 per hour (edit: As of August 2014, my rate is $175 per hour and is subject to change). Drafting contracts will typically take longer than reviewing a contract, depending on the situation. A contract that requires heavy negotiating with the opposing party will take longer than if the terms of the deal have already been settled. I cannot accept payment as a percentage of a client's future earnings at this time, unless there is an offer of payment from a third party already on the table. I am willing to work with each client's individual circumstances, but I do not work for free. Legal services are an investment in one's own career, and, should they choose to invest in me as part of that process, each client will enjoy very personal and passionate representation by Beth B. Moore."

What can I do to prepare myself for a career in the entertainment industry?

Beth: "Never stop studying the industry. Nobody comes into this game knowing everything; yet everything you need to know is available to you if you just know where to look. For the music industry, there are tons of great books like Donald Passman's All You Need To Know About the Music Business, the Brabec brothers' Music, Money & Success, and Moses Avalon's Confessions of a Record Producer. I'm also a big fan of music business podcasts. David Hooper's podcast "Music Business Radio" is one of the best I've found. Entertainment law students and practitioners will really appreciate Gordon Firemark's podcast "Entertainment Law Update," which offers a more academic perspective of the industry."

How can I keep in touch with you and The Beth B. Moore Law Firm?

Beth: "Yes, please come find and follow me - I'm all over the web! I try to stay active on a few different forums, all of which coalesce on my website, BethBMoore.com. I welcome your questions and shared news items about the entertainment industry, especially those related to updates and events in my home state of Georgia. Below are links to my social media sites. Thank you for taking the time to get to know me!"

• Facebook - The Beth B. Moore Law Firm
• Twitter - @BethBMoore
• Web - www.BethBMoore.com
• Blog - bethbmoore.blogspot.com
• LinkedIn - Beth B. Moore