The entertainment industry can be fleeting and unforgiving and yet so full of rewards for the individual and the audience.  The entertainment industry, particularly in Missouri, has been growing because of tax credits and other incentives to bring the industry to the area.  More and more entertainers are finding the midwest a friendly forum for their work.  And, of course, St. Louis has maintained a reputation as producing successful musical entertainers for many decades.

Musicians, actors, models, fashion designers, movie directors, producers and others in the entertainment business are, many times, entrepreneurs in their own way.  However, unlike corporate entrepreneurs, entertainers have a unique set of circumstances and legal needs.  From the different types of contracts used in the industry to a deliberate approach at negotiations, McQueen Gadberry LLC understands those needs and deals with all entertainers on a case-by-case basis.  Protecting the entertainer and his/her work, such as trademarking and copyrighting, is extremely important, as well as being able to work with the variety of unions.

Jalesia McQueen Gadberry has experience in the industry not only as an attorney, but as an entertainer.  She is also a singer-songwriter who plays in a local band and has written over 150 songs in her lifetime; so, she understands the importance of protecting work and drafting/negotiating contracts, having done it for herself and others in a variety of industries.  Her unique insight and dedication to her clients' best interests makes McQueen Gadberry LLC a solid choice for any entertainer looking for legal representation in this specialized area of business law.

JALESIA F. MCQUEEN GADBERRY PROFILED AS A SAINT LOUIS CHARACTER BY THE SAINT LOUIS BUSINESS JOURNAL,
APRIL 2010

What are the guidelines for using a portion of a song without permission?  (PDF Download)

QUESTION:

I am creating amateur animation on the Web. I would like to use a portion of an instrumental song on a CD for the animation I am creating. I have heard that a certain amount of a song can be used in this manner -- not for profit -- without requiring permission. Is this true? If so, what are the guidelines for using this copyrighted material?

ANSWER:

Unfortunately, there are no fixed standards as to how much of a song you can use without infringing the song owner's copyright. There is a provision of the copyright law known as fair use that permits limited uses of music for what is loftily called transformative purposes, such as commentary or criticism.

The only problem is that you won't know whether your use qualifies as a fair use until a court has decided the issue. And as Cinderella discovered early on, it's hard to live your life waiting on others. The fact that your use is not for profit usually does not matter when determining whether an infringement has occurred.

Your choices are to ask for permission or use the music without permission.

Asking for permission would be expensive and difficult. You'd need permission from the record company that owns the recording and a second company, known as a music publisher, that owns the song. Assuming someone at one of these companies takes your phone call -- a big assumption, unless you disguise your voice as Dave Matthews or some such -- they'd probably demand several thousand dollars for the use.

Using the song without permission is risky, but the consequences are not dreadful. Although the owner of the music could sue for infringement, it's unlikely. That's because it would cost more money than the company would recover. More likely, the company would send you a letter or email requesting that you stop using the material. If you obey and take the music off at that point, the issue is usually over. Of course, there is always the possibility that the song owners will never learn of your infringement.

Most infringements are discovered on the Net when traffic increases, the infringement begins earning money, or the infringement is diverting music sales.

Reprinted with permission from the publisher, Nolo, Copyright 2009, http://www.nolo.com