The Law of Music
Q&A with music law guru Richard Schulenberg
By Megan Nanfito

In recent years, the Recording Industry Association of America (RIAA) has been suing consumers for “stealing” music. The Rolling Stones sued The Verve for looping a Stones sample in “Bittersweet Symphony”. Dr. Dre and Metallica both sued Napster. The Backstreet Boys sued their manager for allegedly taking money. Who said a recording studio and a courtroom are mutually exclusive?

Now more than ever, a musician needs a catchy hook, a flashy music video and a good entertainment lawyer to succeed in the music industry. For more than 30 years, artists and executives alike have been seeking legal advice from one of the most respected and experienced attorneys in the business, Richard Schulenberg.

In the past three decades, Schulenberg has worked for Capitol Records, the Paramount Pictures Corporation and CBS Records. He has gone into private practice, done music publishing, personal management, produced films in Europe, and done consulting work for entertainment companies. In 1999, he published Legal Aspects of the Music Industry, a well-reviewed collection of legal information and personal anecdotes. He has personally represented Oscar winners, Grammy winners, Emmy winners, Tony winners and two Nobel Prize winners.

Schulenberg recently spoke with The Music Phone Book about his experience as an entertainment attorney and what independent musicians can do to keep themselves out of the courtroom.

Music Phone Book: Did you always want to work in the entertainment industry? Or did you come to your position by happenstance?

Richard Schulenberg: Before I went to law school, I had acted, written and directed professionally. I had stage, film, television and radio experience. The one entertainment area I had no background in at all was music. Naturally, that’s where I ended up. A couple of weeks before I graduated from UCLA Law School, my parents broke the terrible news to me that I had to get a job. That same day I spotted a handwritten 3 by 5 card posted on a bulletin board that Capitol Records was looking for someone who knew copyright law. I had studied under Professor Mel Nimmer, the ‘God of Copyright Law,’ and I applied.

They wanted to see an example of my writing so I brought a 60-some-page paper to my interview. I was also told that whomever they hired would be in charge of the law library. When I ran out of polite conversation, I asked to see the library. I was shown into a smallish conference room with about eight books in it. I nodded knowingly and looked around as if I were deciding where to put new walnut bookshelves.

To this day I am convinced that I was hired because my paper was the longest submitted and my knowing look in the library.

MPB: What would you say is your most memorable experience working with musicians?

RS: I was fortunate enough to be in the right place at the right time many times in my career. For example, at Capitol, I was the guy that cleared the Sgt. Pepper album cover. I remember telling the head of the legal department, ‘No, Skip—those aren’t marijuana plants.’

MPB: What are some things a musician should absolutely NOT do when starting out?

RS: They shouldn’t quit their day job or sign any piece of paper shoved under their nose. Especially one they are told is a “standard” contract.

MPB: If a band cannot afford an attorney, what can they do to protect themselves?

RS: Buy my book.

MPB: How important is it to consult an attorney before signing a recording contract?

RS: About as important as remembering to breathe when you first wake up in the morning.

MPB: So at what point is a lawyer needed?

RS: When a lawyer is “needed” it’s probably already too late. The most efficient and cheapest use of a lawyer is to use them before there is a problem. It’s not always possible to head off all legal problems before they happen, but you can sure eliminate most of them by practicing ‘preventative law.’

MPB: Is it harder to get a recording contract or get out of a contract that’s unfair?

RS: It’s all-too-easy to get a bad recording contract. It’s not easy at all to get a good recording contract. As to getting out of an unfair recording contract, I’ve done it for clients with one telephone call and I’ve seen instances where it stretched out for years and cost hundreds of thousands of dollars.

I had one instance where an artist wanted desperately to be released from a contract with a major label. Rather than take the ‘legal’ approach, I used a cheaper, more practical approach. ‘Make a nuisance of yourself,’ I recommended to the artist. ‘Start bugging them. Make demands. Ask for advances. Demand a big budget for an album.’ Not only did we quickly get a release, they paid the artist to go away.

MPB: Do you think the industry is being affected by digital music?

RS: I presume you’re referring to downloading and file sharing, not techno. The whole record industry has found itself turned on its head in a relatively short time. Whether this is good or bad depends upon where you stand and what the end result is.

MPB: In your 30 years of experience as an entertainment attorney, what is the most important lesson you have learned?

RS: A couple of years ago I did a series for UCLA called ‘Music Legends’ where I had conversations with legendary people from the music industry. My first guest was Johnny Rivers. At the end of the evening, I asked him if he had any words of wisdom he would like to share. ‘Yes,’ he said. ‘When you perform, don’t leave your wallet in the dressing room.’

Now that’s important.