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!

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.  

Artist Management

The role of an artist manager is really to do anything to further the artist’s career.  This can involve a well defined career plan or ironing out the tedious negotiation of a contract, suggesting a different outfit or contributing to a lyric idea or change or providing constructive criticism for a recording.  This can also range to even more personal management, like keeping different love interests at bay, or making sure they have their favorite food on hand. 

The artist manger must be multi-faceted.  They have to be a planner, an organizer, a confidant, a strategist, a traveling companion and a friend.  They are involved in every aspect of their life.  This is a tough job and everyone doesn’t have the personality or skills to handle the job.  They must definitely possess the desire to serve to be a good artist manager.

There is one area that the artist manager does not have complete control over, that can truly affect the artist’s career, their personal choices.  Too many artist and entertainers have made bad personal choices that have virtually ended their careers.  The artist manager cannot choose their love interest, how much they drink, if they choose drugs or other abusive habits, or live a lavish lifestyle that their finances cannot support.  This is a risk in taking on artist management.  You may have complete faith in their abilities or talent, but you never know when their personal choices will affect your paycheck.

 

The latest and most tragic example is Whitney Houston.  She had the talent to tame a lion with her voice, but made some very bad personal choices that virtually destroyed her career.  I’m sure her manager urged her to change her habits, advocated rehabilitation and many other interventions, but to no avail.  The drugs destroyed her voice.  She had so many people rooting for her, but no one could restore the vocal chords no matter how much we cheered.

  

Artist Management

Our first assignment in our class posed the question, what artist would you like to manage?  I  know there are thousands of people that I could have chosen, but I chose Stan Jones.  Stan Jones is an Artist, as well as a producer and songwriter.  He actually has numerous awards for his Songwriting and Producing.  Some people may wonder why I would choose him over all of the superstars in the gospel industry.  Well the first thing you have to understand is we have been instructed to make our goals attainable.  Stan Jones is attainable to me.  I know him, he was my husband's best man in our wedding and on top of that he is so talented and a joy to be around.

Our text, This Business of Artist Management, gives us the ingredients to a successful artist/manager relationship.  One of those ingredients is compatibility.  Regardless of my creative ideas and contacts, we have to be able to work together.  This makes for a great potential working relationship, since we've already conquered the first.  I don't expect him to consider me without the education I am receiving at Full Sail, because the one thing that I have learned about him is, he is professional when it comes to music.

Another factor in choosing him is his work ethic.  Our text tells us to take creative inventory of the artist's abilities.  Evaluating Stan Jones' ability, I know that he has the potential to become a greater influence in the industry as an Artist.  He has a unique sound and style.  He is not trying to be like anyone else in the industry.  Material is definitely not an issue, he has numerous awards for his writing, which increases the opportunity for long-term record deals, which he is negotiating a new deal now.  His Physical Appearance is an asset.  He is a clean-cut handsome man with a great style of his own. He definitely has the Total Image Package. He is a stellar guy with a strong work ethic and lives his image.

Negotiating with Stan Jones

STAN JONES

Award Winning

Songwriter and Producer

February 19, 2012

By:  Yolanda Clay-Moore

Stan Jones is an award winning songwriter and producer.  In addition to establishing himself in these areas, he is also a gospel Artist.  Stan Jones has won numerous awards including a 2011 American Society of Composers, Authors and Publishers (ASCAP) award.  This award honors the most successful songwriters and publishers in R&B, Hip Hop and Gospel Music.  This particular award was given for writing and producing Brian Courtney Wilson’s hit “All I Need.”  This song spent 92 weeks on the Billboard Hot Gospel Song Chart, breaking the all time record for the longest running current single ever in the history of the Billboard Gospel Charts, which also went on to receive a 2011 GMA Dove Award nomination for Urban Record Song of the year.  In 2010 Billboard year-end charts would name Stan Jones as the #3 Songwriter and #4 Producer of the Year.  He has worked with artists such as:  Yolanda Adams, The Williams Brothers, Marvin Sapp, The Jackson Southernaires and many more.  This doesn’t even touch the surface of his many accomplishments.

Yolanda:  How did you initially negotiate as an artist?

Stan:  My first album was with Blackberry Records and they approached me and asked about what type of deal I was looking for?  I wanted a one album deal so I could make judgments based on the  performance.  I also wanted so many pieces of products, that when sold  I would have 100% ownership.  (He was obviously successful with his negotiations.  I don't think he made demands, only requests.  This is an art form that one must master)  I am currently negotiating with another company. 

Yolanda:  Was negotiating as a producer different than as an artist? And How?

Stan:  As a producer, it's a little bit different.  The only difference is you negotiate a per track deal, because you may not do a whole album.  It is definitely about negotiating, because there are others you are bidding against for the gig.  When you have the privilege to be able to negotiate, is when you have a track record that's believable with  most labels.  A lot of people can say they worked with particular artists, but if they don't have hits, so having a track record of hits definitely creates a demand for you and gives you more negotiating leverage.  If you haven't accomplished this, then there is no negotiating (he laughs).  A successful track record can put you in the negotiating seat.  The world is based upon proof!

Yolanda:  Can a musician have leverage?

Stan:  Being a musician myself, yes a musician can have leverage.  The main thing is loyalty.  Other factors include having character, reliability and dependability.  These are the things producers look for, and are very hard to come by.   There are many musicians with the talent, but they lack the character to be able to work with them.  

Yolanda:  Have you ever been taken advantage of ?  If so, how did it change your negotiating tactics?

Stan:  (He laughs)  Yes I have been taken advantage of.  I have been dealing with this issue the past couple of day (I hear you Lord).  Also when I first got started I was being used.  I allowed myself to be used, because I felt like it would pay off and it did.  You have to stay somewhere.  Stay on the path and keep knocking it down.  I heard someone say, "You can't grow roots if you keep changing soil."  Stay there and fight and continue to grow.  I'm glad I had a mind to stay there.  I'm grateful for those stages.  I now take pride in taking care of my musicians, because I just graduated from there.

Yolanda:  We’ve learned five core concepts in negotiating, what role have any of these played in negotiating deals?

Stan:  (Affiliation) Negotiations are the beginning of relationships.  It's totally better if you can be in that person's presence so they can feel your personality, your spirit and who you are.   They may have a better interest on your behalf and want to help you, rather than just seeing words.  Those are definitely different dynamics in negotiating.  Some executives don't want to take a chance of getting personal and won't meet you, they want to keep it strictly professional.  If the person allows it, definitely take advantage of it.  It becomes more personable. (Autonomy) I can sculpt the things that I want.  I'm not told what to do.  I'm not exclusive to anyone.  There have been attempts to make me exclusive, but that's not what I wanted.  I'm my own boss.  

Yolanda:  How often do you assess your role and where you want to be?  Is it something you think about or does it just happen?

Stan:  I think about it daily, all day, everyday.  I see it before I do it.  I visualize that it can happen and I pursue it. I don't understand how people can be arrogant.  I continuously strive.  When I reach one level, I'm trying to reach another level.  That's why it's hard for me to understand arrogant people.  They are complacent in where they are.  People who are humble are people who are still striving to get higher than where they are.  Sure they have great accomplishments, but they want to go higher. 

Stellar Awards

My Business Inspiration

 My Business Inspiration

The idea of owning a business is appealing to most people, but very few people have the know-how, intestinal fortitude, guidance or courage to actually make it happen.  I always had the desire to have my own business since I was a little girl.  This mainly came from the motivation of my grandfather.  My Grandfather, Elbert “Boy” Stringer was a self-made entrepreneur in a very tough time for black people.  In fact, at that time we had not yet upgraded to even being called black, we were colored.  He was the owner of a grocery store when I came along.  He also owned cattle.  I later learned that he owned a pulpwood company, and a café.  He was a very prominent man in his time. 

This really stuck with me, because as I got older I learned that he only had a 1^st grade education.  I saw him sign for deliveries with just an “x” for his name.  Yet he had the ability to learn how to operate all of these businesses successfully without being able to read.  I distinctly remember him checking his inventory and determining what items were selling and what items needed dust removed from them.  After taking a finance class, I now know he was assessing his inventory turnover ratio.  He was the first person to introduce me to finance.  He is the reason I knew how to give change without using the register to calculate it for me.

I guess this is the reason I was determined to have my own business.  My Grandfather left a legacy and I felt obligated to continue it.  I didn’t quite know what area I would pursue, but I knew that one day I would own a business.  My parents instilled music in me with piano lessons when I was young, and then the band.  This was expounded upon when I met the love of my life, Cornelius “CC” Moore, a professional musician.  It was then, that I was able to pursue what I ‘ve dreamed of for years and we created CC Productions.  I now have an obligation to gain the management knowledge needed to strategically position my company for success.