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Thursday, May 04

Do You Need a Lawyer?

lionelhutz.jpgGuest moderator Mia Amato hosts the very helpful topic "Do I Need a Lawyer?" on the mediabistro boards. In case you've missed it, I'm wrapping up some of the information shared on the topic. Mia asks, "Aside from the usual suspect sites that require membership (WGA, ASJA) where can a media person go for contract expertise? Is NWU still useful now that Tasini has left to run for Hilary Clinton;s Senate seat? What books or sites or resources exist for contract self-help? Where can you go for contract review? To dig up contract templates that are up-to-date? Or do you have a favorite lawyer who really saved the day? Give it up, then."

So bookmark this page, because you might need it!


One poster recommended "Blank Rome in the city is great. Contact Dylan Mitchell at 212-885-5405."

And said, "Author's Guild offers a phone seminar for members for $10 that's a great primer. Also, they have a service of looking over contracts (their staff attorney) for members. The wait is a couple weeks, but it's wonderful. Also, I did a google search for: collaboration contract and came up with some boilerplate starters: Obviously I don't make any guarantees -- these are just sites I found on a quick browse. The scriptsales.com one looks interesting to me as I am trying to option theatrical rights to a book as we speak.

Here are a few links:

http://www.scriptsales.com/Collaboration.html

http://www.scriptsales.com/Examples.html

http://copylaw.com/new_articles/collab.html

http://www.adlerbooks.com/collab.html

http://www.pma-online.org/scripts/shownews.cfm?id=886

http://www.xdrive.com/partners/?p=pfforms&gcid=C10757x017"

Mia did some research and said, "Checking out the Author's Guild website (authorsguild.org) I see that membership is $90 a year -- comparable to the cost of an annual dental exam. That's a fair deal in exchange for being able to get a little booklet of "model" contracts and a lawyer's time for free when you need it. Copylaw.com has some interesting articles on understanding IP, including one that tells publishers how to grab all electronic rights in a book or article contract. Mr. Jassin, Esq., and alas, plumps for the "all rights contract" with that pesky phrasing to cover all media "now in existence or to be invented in the future."

Another poster recommended: "I do have someone who's a great contract lawyer. I'll be happy to pass along his name. It's Paul Wilson and his company is P.H. Wilson Law & Consulting. He does contracts pretty much exclusively, including business agreements, employment agreements, etc.

His phone is (212) 371-9100 and e-mail is pwilson@phwc.net. Those looking for referrals to attorneys in other areas can always call the state bar association, or in the case of large cities, the city bar association, and get a list of attorneys who practice a particular specialty.

No, it's not the same thing as a personal recommendation, but often it's a good place to start."

One poster then issued a wise caveat: "I am hesitating to recommend a law firm, I think law firms are like doctors, just because I like mine, doesn't mean it will work for you. A few tips for selecting your law firm: get references who else in the industry they handle and which line of work. A book deal is not the same as PR work or film rights. Music rights require different knowledge. I have different law firms for each of these subjects. (Example: your divorce attorney might not be the right person to bail you out of drunken driving?) But mainly make sure you feel comfortable with the person you talk to. Plus make sure you do get legal advice before signing anything."


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