Member Ben McLane

  "Be persistent in pursuing your goals and make it happen yourself."

 "Music publishing income is what you will retire from, so be very careful about how and to whom you parcel out your publishing rights."

Send questions to Mentors@JPFolks.com

 Member Ben McLane

Just Plain Mentor Ben McLane has represented or represents various independent entertainment companies in the Los Angeles are, including, Sin Drome Records, Hep Cat Records, Frontline Records, Rotten Records, Eclipse Records, Damian Music, Thump Records, World Movement Records, Oglio Records, Rescue Records, Solid Discs Records, Megatone Records, Rude Records, Black Orchid Records, Audities Records, Gonzo Records, First Quake Entertainment, Dance 2000 Records, Pinch Hit Records, Headliner Records, the Goldbar Entertainment Film Company, as well as several respected bands, producers and managers.

Some of his recent deals include: The band Big Bad Voodoo Daddy to Capitol/EMI Records and Interscope, Warner Brothers Records Soundtrack for "Party of Five," Hollywood Records Soundtrack for "Swingers," and house band for Fox TV "The Big Deal"; the band Big Six to Mai Tai/Mercury; solo artist Gilby Clarke (of Guns & Roses) to JVC, SPV, Paradigm and Pavement/Mercury; Marty Balin (of Jefferson Starship) to Solid Disc/Navarre; the band Bolt Upright to Sony/550; the artist Teddy Bear to Hollywood Records; songwriter Claudia Brant to Peer Music; the band Soup to Steve Records,; the band Funland to Crystal Clear Sound Records; the band Warehouse to Quality Records; solo artist Mike Whittaker to Brajo Records; solo artist Carla Sanders to the Solar Music Group; the band London After Midnight to BMG; the band Brainwash Projects to Reverend G Records; solo artist Robby Longley to North Star Records; the band Purr Machine to Cargo/MCA Records; Lori Lieberman to Pope Records.

Ben has over 60 published articles on the music business. He has been a columnist for Audities, Amplifier, Rock City News, Music Scene, Discoveries, Night Moves, Factor X, Synth Music Network, Shred, Diamond Hard and Los Angeles Lawyer.

Ben's recent Awards include: 1995 Los Angeles Music Awards "Attorney of the Year"; gold and platinum records for Big Bad Voodoo Daddy.

Ben is the artist manager for the band majority DOG and has worked in legal and business affairs at Rhino Records and Priority Records. Ben also worked for major management company Tim Neece Management, where the clients included Bruce Hornsby, the Posies, Rickie Lee Jones, Charlie Sexton, the Origin, Leon Russell, Grapes of Wrath and many others.

Other Clients of Ben McLane include: Greg Ladanyi (Producer for Fleetwood Mac, Don Henley); Eddy Offord (producer for Yes, 311); Stevie B (RCA #1 recording artist); Susan Gibson (writer of #1 hit "Wide Open Spaces" for Dixie Chicks); Ghetto Hippie (rapper/writer on 1996 Top 40 hit "Ridin' Low"); DFC (Atlantic/Big Beat); Larry Tagg (of Bourgeois/Tagg); Slingbacks (Virgin); Beat Angels (Epiphany); Red Letter Day; Hummingfish; The Jennys; The End; Sky Cappelletti; 4-U; Ultraviolet Eye; Formula; Spies; The Big Six; 5th Business; Persuasions; Groobees.

Ben acts as a full service entertainment law firm (e.g., negotiate industry contracts, shop deals, litigation, copyrights, trademarks, set up businesses, corporations, partnerships, etc.)

 

 Send questions to Mentors@JPFolks.com

 

Mentor Ben McLane answers some members questions

Q: When should an artist hire a lawyer to pitch their project? Do you hire more than one lawyer to pitch to multiple sources, or just one to hit everyone? Also, how do you find a lawyer with contacts in the right genres? Should you have a lawyer from your own home town, or find one in a major music town like LA, NYC or Nashville? And finally, how do you know if your major music market lawyer isn't connected to (i.e., also working for) the labels you want to approach? If so, would that violate the law or some type of conflict of interest code?

A. Only approach an attorney (or anyone for that matter) to pitch your material when you feel that it is the best and most commercial it can possibly be. Find an attorney situated in LA, NYC or Nashville. Make sure the attorney is genuinely excited about your project. If they are willing to work on a contingency (% of the deal), this should be a good sign. Since there are a small number of attorney's who do entertainment, it is possible that an attorney has worked for the record companies before. If there is any conflict, they have a duty to inform you in writing and get your written consent before going forward.

Q. Everyone says to hire an attorney before signing anything. So what should we expect from an Entertainment Attorney? Are there general rules of thumb in what they can and can't do? Can a lawyer be the one to team you up with the right singers and musicians if you are just a writer? Also, how do you find a good one, with the thousands of lawyers out there looking for your money? What are some interview questions you would suggest asking an Entertainment Attorney when picking one? And how should they answer those questions? Are there special licenses or degrees that a legit Entertainment attorney should have? Help!

A. Generally, an attorney's job is to advise you. An attorney will negotiate on your behalf to attempt to get you the fairest deal. The best way to find a good attorney is to ask other people in music who they recommend. If you do know anyone to ask, just cold call attorney's from an industry list and ask the attorney for references. Only work with someone you feel comfortable with. Make sure the attorney has a background and other clients involved in music.

Mentor: Ben McLane Mentor Page: Ben McLane

Q: I am co-owner of a small recording studio. After 12 years of business I have found myself swimming in the tapes of old (ex) clients. Many of them are the masters for albums or CD's. None of these releases ever reached high sales, the highest maybe hit 1000. Now I would like to thin out my library and I have been trying to contact these clients. I have run into two problems: some have moved with no forwarding address, others just have not returned phone calls or Emails. I wonder what other studios do in this situation? None of these clients ever paid a storage fee, the just left the tapes here because it was a safer and more controlled environment than they would have at home. My hope at the time was that it would be a reason for them to come back as well. The thought of throwing this material away disturbs me, but I am at wits end over it.

A: There is a legal concept called an implied bailment which applies to your situation. Even though there was no contract or money changed for you to house the tapes, you might have a legal duty not to be negligent (i.e., lose or destroy the tapes). However, this is balanced out by fairness. If you have had the tapes for 10 years and they have never been reclaimed, and you have done due diligence to contact the owners (i.e., better to write letter if you have address; otherwise e-mail or call but keep records), then you have done all you could and your duty of care probably distinguishes. To be sure, you should call one of the large studies in LA or NYC and find out what their internal policies are.

Ben McLane's Do's and Don'ts when hiring an attorney:

Do hire an attorney if you need assistance in an area that you are unfamiliar with (i.e., contract, litigation or shop tape). Don't hire an attorney that is not experienced in the area you need the attorney's assistance in.