Notes for Songwriters

From my weekly (AM) radio segment titled "Legal Minute"

Whether we’re an aspiring musician or weekend songwriter, the music publishing business can be complex. We need to know the pitfalls and blessings of credits, copyrights and royalties. If you’re co-writing a song with friends or bandmates, figure out the credit to each contributor before you put pen to paper. Will the credit be 50/50, 70/30? It will save headaches in the long run. Once you write the song, get the songwriters’ names out in public. The internet makes that easy to do. For MP3s, WMAs and other digital formats, encode the text tags for your files with the songwriter and copyright information. As your song gets shared in cyberspace, you can get noticed and protect your ownership rights. Don’t forget to register with the performing rights societies, BMI or ASCAP. They collect royalties from all outlets where music is played and distribute royalties to the members. Always retain your copyright ownership in the song because that is the key to all music publishing revenue. Seek a music lawyer’s help. Lastly, think outside the disc and consider other avenues in which to exploit your song. The internet, video games, ad agencies, and television are all great sources.

Beat or pay your Traffic Ticket

From my weekly (AM) radio segment titled "Legal Minute"

If you drive enough on the highways, you’ve probably seen those red and blue flashing lights accompanied by a siren behind your car at least once. Do you fight the ticket or pay it? If you’re a lawyer, it’s practically our nature to fight it. Otherwise, if you have had a clear driving record and this is your one ticket in 10 years then you may want to just pay it and restore your clean record. If you have a ticket or two already, then you may want to fight. Start by studying the law under which your ticket was issued. Sometimes, the officer can get the law wrong. So, read the statute carefully, word-by-word and break the law down piece by piece. Make sure that each requirement in the statute was satisfied in your case. If you can show that your conduct did not violate at least one element of the law, then you can beat your ticket. If the law is not on your side then look at other facts surrounding the stop to use in your argument. Never argue that the officer was lying, that you were ignorant or mistaken in the law or that you have a good reason for breaking the law. You will win if the officer doesn’t show but don’t count on that.

Buying a Business

From my weekly (AM) radio segment titled "Legal Minute"

Starting a business is a lot of work so, for some, buying an existing business is often an easier and faster way to get into an industry. There is much that we need to do before buying any business. Start by considering a business in a field of which you know something about otherwise, you may not be able to assess if the value is a good one and you’ll have a steep learning curve to climb. Begin your search in your local community as you may find what you want by word of mouth. You can also try searching the newspaper, Internet, trade associations and business or real estate brokers. Once you make a selection, conduct a thorough review of the businesses’ finances, employee and customer contracts, assets, leases, and past lawsuits, if any. We lawyers call this process “due diligence” and it’s worth having a lawyer help you with the review. This is no time to be timid. Ask the hard questions and gather as much information as possible. After due diligence is complete, have the value of the business appraised. Then, you’re ready to negotiate the price with the seller and have your lawyer document the purchase in a formal agreement.

Patents- as American as Apple Pie

From my weekly (AM) radio segment titled "Legal Minute"

Patents represent that great spirit of innovation and discovery that is as American as apple pie so it’s not surprising that most Americans are inventors. We’ve all had good ideas now and then but when we have that useful, non-obvious and novel idea, it’s worth thinking about a patent. Obtaining the patent for our idea means we can have a 17 to 20 year monopoloy in which to profit from the invention. Filing a provisional patent buys an inventor some time before they file the full blown patent application. This process can be more costly but gives inventors the peace of mind to know that they have some protection when speaking with potential manufacturers. Before filing the full patent application, start with an online patent search. The internet makes this easy and inexpensive. If there is no patent representing your idea, then the time may be ripe for your patent. Next, make detailed written records of your ideas from conception, conduct testing of your invention and record that in writing as well. Finally, ensure that your application is clear so that the patent examiner can understand how your invention works and how to build it.