Attorney-at-law Lloyd Stanbury urges artists and artistes to be thorough in their search for legal representation. - File

Lloyd Stanbury is one of the most well-known attorneys specialising in entertainment law, and has represented many Jamaican artistes. Now that he is based overseas, he's more deeply immersed in the ever-changing international arts and entertainment business environment.

Based in Palm Beach, Florida, Stanbury continues to operate a law practice in Kingston, Jamaica. His client list includes recording and performing artistes, music producers, arts and entertainment managers, film producers, and industry associations. (His primary purpose is to provide legal and business guidance on entertainment contracts, intellectual-property rights issues, cultural industries development policy and strategy.)

Among Jamaican artists or artistes, there has been some improvement, over the last 10 years, in understanding the mechanisms of legal representation, he noted. However, Stanbury says it's nowhere nearing the required level needed to grow the domestic industry and to earn artistes their fair share of the global entertainment market.

"There is still a very long way to go," he said.

The business of arts and entertainment is by far one of the most complex of businesses, especially for Jamaicans entering the global scene. According to Stanbury, the creative industry is built on the commercial exploitation of various rights which are typically vested in different persons. For example, a single musical recording usually has at least five different sets of rights holders. These include the performer (vocalist or musician), the songwriter, the music producer, the music publisher and the music distributor.

This web of relationships, according to him, requires many contracts and the interpretation of numerous legislative provisions on copyrights and other related rights. It is, therefore, incumbent upon artistes to secure proper legal representation to be a major international success.

minimum retainer

Securing an attorney is not difficult, and, in the case of Stanbury, requires the basic minimum retainer for an initial consultation, reflected in a written agreement for services.

Stanbury says he is accustomed to hearing, "I need your advice on how to get out of a contract that I have signed." That is owing to the high incidence of artistes entering into agreements without proper representation or understanding the implications.

The attorney-at-law observes that most artistes are clueless to their rights and responsibilities as creative-business practitioners.

Most entertainers are also easily swayed by smooth-talking, unqualified persons who tend to view the creative industry as an easy-entry opportunity, says Stanbury.

This is one of the biggest pitfalls of which artistes need to be wary.

Stanbury says artiste-lawyer relationships tend to go well when clients allow themselves to be guided and coached, and where information is passed on and accepted.

Young developing artistes may benefit from a host of attorneys who offer voluntary legal services. There are oftentimes capacity-building initiatives such as training workshops and seminars.

FINAL WORD FOR ARTISTES

Seek the services of an attorney with experience, particularly one who has an intimate knowledge of showbiz issues. Heed the advice given; where there is misunderstanding, ask for clarification.

Appreciate and value your attorney's time and expertise in much the same way you expect your audience to value and appreciate your work.

Anthea McGibbon is the founder of OAaSIS International Foundation (Jamaica). See more at http://www.antheamcgibbon.com/legally-representing-the-creative-force.htm.