||This Law Goes To 11
By Duff Berschback
© 2001, Duff Berschback. All Rights Reserved. Used By Permission.
**PLEASE NOTE: Like any good lawyer, Duff has become incredibly busy! This means that unfortunately, he's no longer able to write articles for The Muse's Muse.
Meanwhile, his previous articles and Q&A's are still available for
viewing. And The Muse's Muse is extremely grateful for all of the time
Duff has already spent on our behalf. Thanks, Duff!
Greetings. I'm Duff Berschback, an entertainment lawyer, and this
column is devoted to the legal aspects of our business, with the
primary goal of education. My aims are to inform and stimulate
discussion about common music-related legal considerations, with an
emphasis on songwriting and publishing. Everyone has heard horror
stories about creative types drawing the short straw in this business,
and hopefully this column will help on that score. I know most readers
don't write songs to make money, and I'm not here to convince anyone to
treat the craft "like a business". However, to the extent that
knowledge is power, hopefully you'll find a few tidbits to help protect
yourself. One final and important thought: as they say on radio, "This
is a test, this is only a test", i.e. don't take anything in this
column as actual legal advice. Please, please consult a lawyer
(preferably a competent one) for such advice.
IMPORTANT LEGAL STUFF:
As this Column is a public
resource of general information, no information in it or in response to
questions is intended to be legal advice or create an attorney-client
relationship. If you want legal advice, seek the advice of competent
counsel. The author does not wish to represent anyone desiring
representation based upon viewing this site in a jurisdiction where
this Web site fails to comply with all laws and ethical rules of that
jurisdiction. Really important: do NOT disclose any confidential
information in any question submitted or other inquiry as if the author
was your attorney. The author consults individually with potential
clients and enters into a written engagement agreement before
representing any client. Lastly, certification as an entertainment law
specialist is not currently available in Tennessee. Whew.
A short bio
MOCA: An Overview -
Information about the proposed Music Online
Competition Act, a bill that would affect songwriters and
their interests if it is passed into law in the future.
Read on to find out how!
Napster: Now Or Never? -
Current affairs in the world of Napster.
Will the judges' decision spell the end of this popular
file sharing program or will Napster find a way to persist?
Drop a line with your opinion, and please include your thoughts
on what songwriters should do in response to all this change.
Future of Music Coalition - Conference Report -
article is designed to summarize a few of the conference
issues discussed at the recent Future of Music Coalition
conference that took place in Washington, D.C., and to serve
as a springboard for future columns based on questions about
is an entertainment lawyer in Nashville, TN. He represents singers,
songwriters, publishers, and other assorted industry types, with a
particular focus on digital entertainment and new media. He spends
spare time hanging with his family, playing with his Lab, reading, and,
of course, listening to music. A bit scattershot in his musical taste,
at any given time he can be found listening to Bach or Martina McBride,
Wagner or Robert Johnson, Muddy Waters or (old) U2, Dire Straits or
Dwight Yoakum, The Rolling Stones or Frank Sinatra, and (old) Van Halen
or George Winston, among others.