Sunday, April 29, 2012

Legally Speaking with Kamel King





image courtesy of Frascogna Courtney, LLC

I had the awesome opportunity to speak with entertainment attorney Kamel King of Frascogna Courtney, PLLC located in Jackson, MS.  I have several connections to Kamel, although I don’t know him personally.  I actually grew up with the show his father created,  “Black Gold,” a local weekly musical entertainment show that featured the latest music and local dancers.  It was my first encounter of the entertainment world.  I actually had a neighbor whose twin nephews were on the show and when they would come to visit, I thought they were celebrities.  This was Jackson’s version of “Soul Train.”  His firm also represents legendary gospel trio “The Williams Brothers,” which employs my husband for their studio recordings.  Lastly, we both attended the most prestigious Tougaloo College, that prepared the both of us with a solid foundation to pursue our dreams.

He shared that his father also had a record label at one time and did concert promotions.  So obviously he was influenced by his father’s endeavors in the industry.  I’m sure his father had enough influence for Kamel to be successful in the business, but Kamel wanted to pave his own way.  He attended Mississippi College School of Law, successfully passed the Mississippi Bar.  His pursuit of excellence has definitely paid off.  He is currently the attorney on the road for The Williams Brothers, the Director of Operations of Blackberry Records, which is owned by the Williams Brothers.  He is also the Sales Manager of Terminal Recording Studios, which is where my husband records with the Williams Brothers.

Yolanda: What are some common mistakes made by artists, as well as, managers? 
Kamel:  Not getting an entertainment attorney (we both chuckle).  This is not for my own gratification or to seek financial gain, but you need a competent person who knows the “lay of the land” early.  The internet can teach you anything you want to know, but it can also give you a false sense of security.  It’s the same as any other professional business.  You may be able to brush your teeth and floss, but you can’t do what a dentist does.

Yolanda: For those who know they need an entertainment attorney but have a fear factor of what it may cost, is there such a thing as a fair cost?
Kamel: Most definitely! In my career the artist is the biggest obstacle.  I’ve had to educate them that they don’t have to be independently wealthy to secure competent counsel.  I tell them an old adage I learned from my boss.  “You can’t eat the elephant all in one bite, you have to eat it in pieces.  I identify their immediate needs and address them first.  It is better to go to an attorney with $300 and say this is what I have now, then to have the fear factor and never seek counsel.

Yolanda:  Do you have any tips for a new artist?
Kamel:  Yes, educate yourself, surround yourself with a good team, a good accountant, booking agent, manager and yes an entertainment attorney!

Sunday, April 1, 2012

Law and Entertainment

Laws, rules, and regulations govern the world.  They have been developed, amended and revised based upon different situations since our existence.  It is advantageous to be familiar with them to ensure you are in compliance and don’t suffer the consequences of violating any of them.  This holds true especially for the entertainment industry.

It is important to understand the laws and regulations that govern our industry.  Entertainers are exposed to a high influence of lawsuits because of their financial status.  This also holds true for people on the opposite side of the industry to know their rights, as one woman learned after claiming the movie “The Help” was based on her life.  This movie was an adaptation from the novel written by Jackson, MS native, Kathryn Stockett, about 60’s era black maids and the abuse they often endured from upper class white women who employed them.  Ablene Cooper, Stockett’s brother’s maid, sought $75,000 in damages stating her likeness was used in the book without her permission.  The case was thrown out due to the one-year statute of limitations elapsing.  Ms. Stockett gave Ms. Cooper a handwritten note accompanied by the book in 2009 and the law suit was not filed until 2011.

This is a solid case of Ms. Cooper not knowing the law for intellectual property.  This is not to say that Ms. Cooper is wrong or Ms. Stockett is right, but because of her lack of knowledge, she didn’t even have the opportunity to prove her case.  This happens far to often with naïve young artists and writers.  They don’t have the proper guidance to get their works copyrighted or trust others to look out for their best interest.

The terms of a contract constantly cause legal woes in the entertainment industry.  I can’t count the times that I have agreed to the terms of different websites without reading and completely understanding the terms of the agreement.  One case that seems so elementary is Huang Hoang, an actress that sued IMDb over an age revelation.  IMDb breached their contract with Ms. Hoang and violated laws on consumer protection are plausible enough to proceed with her case.  Junie Hoang, her American stage name, signed up for a Pro Account, which she disclosed her real age, 40.  The website published her real age, which she claims has cost her acting jobs.  The allegation of the breach was based upon the premise of IMDb’s privacy  policy, which promised customers that it would “carefully and sensibly” manage how information about customers is “used  and shared” and that IMDb “will always  comply  with applicable laws and regulations.”

A few words can change the whole context of a sentence or terms of a contract.  It is very important that an organization have a complete understanding of their contracts to avoid legal issues like this. 

There are also lawsuits for things that seem trivial, like misspelling a name in the credits.  This may seem trivial to an onlooker, but if a person has worked diligently to create a respected and recognized name in the industry, it is a big deal!  Tina Turner went through hell with Ike, but in the end, all she wanted was her name.  She knew that she could rebuild everything that she had lost, if she could keep her name.  Her name meant something in the entertainment industry.  Recently, German director Uwe Boll was sued by producer Rob Van Ronkel, spelled Rob Runkel, claiming the misspelling was not an accident.  He had a dispute with the Director and felt like it was misspelled on purpose. 

  Credits are very important in the entertainment industry.  It is essentially their resume.  It confirms the validity of their career. One should truly consider the legal ramifications for every aspect of the industry.  Entertainers work very hard to establish themselves in the industry and should just as much concentration in protecting their careers.