Entertainment Law - News and Media - Johnson & Johnson, LLP, Beverly Hills, CA 90210
Champions of Justice Radio Show, KRLA 870 AM, August 2, 2008

Neville  L. Johnson, JJLLPLAW, Beverly Hills, CA 90210

Douglas L. Johnson, JJLLPLAW, Beverly Hills, CA 90210

Johnson & Johnson LLP
Neville L. Johnson, Douglas L. Johnson,
Nicholas A. Kurtz, Mathias D. Maciejewski
439 N. Canon Drive, Suite 200
Beverly Hills, CA 90210
(310) 975-1080
www.jjllplaw.com

Neville L. Johnson
Email: njohnson@jjllplaw.com
Douglas L. Johnson
Email: djohnson@jjllplaw.com
Practice Areas
  • Entertainment Litigation
  • Complex Business Litigation/Class Action Litigation
  • Intellectual Property Litigation
  • Defamation, Media, and First Amendment Law  
  • Rights of Privacy and Publicity
Attorney Profile Neville L. Johnson
Attorney Profile Douglas L. Johnson
Attorney Profile Nicholas A. Kurtz
Attorney Profile Mathias D. Maciejewski

 

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Champions of Justice Radio Show
KRLA 870 AM

Neville L. Johnson
Johnson & Johnson LLP
Beverly Hills, CA 90210

August 2, 2008
5:00 - 6:00 PM

krla870.townhall.com

 

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Champions of Justice Radio Show

with Thomas V. Girardi

MP3 audio from KRLA 870 AM
August 2, 2008, 5:00 - 6:00 PM

"Let me tell you a little bit about Neville Johnson. He ranks with Brandeis and Warren as the great defenders of privacy ..."

- Thomas V. Girardi
Girardi & Keese
Los Angeles

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Thomas V. Girardi
girardikeese.net

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Louis D. Brandeis

Tom Girardi:

(1:13) "Our guest is Neville L. Johnson, Esquire, partner Johnson & Johnson LLP, a Beverly Hills-based firm which specializes in business, media and entertainment litigation, as well as class actions involving consumers, the right of privacy, defamation, banking and credit, insurance, securites and financial products and royalties in the entertainment industry."

(1:34) "Let me tell you a little bit about Neville Johnson. He ranks with Brandeis and Warren as the great defenders of privacy. This champion of justice is a Berkeley alum and Southwestern School of Law grad where he graduated in the top rankings of his class.

He has gone on to be a leader in the entertainment and media law fields with a client list that includes none other than the estate of John Lennon and Yoko Ono and Nancy Sinatra.

Giving back, Mr. Johnson teaches numerous courses on "Entertainment Law", "The Right to Privacy", "Libel & Media Law" to bar associations. law schools and legal organizations across the country

(2:15) And he has also been asked to appear on numerous television and radio shows, including CNN, PBS, NPR and CNBC.

His talent has not escaped his peers. He has been recognized for numerous years as Super Lawyer from 2006 to 2008, as well as Top 100 Power Lawyers and a nomination for Trial Lawyer of the Year by the Consumer Attorneys of Los Angeles.

And Mr. Johnson has also found great success as an author. He has published numerous works on Defamation & Privacy issues, including Caught in the Act and 10 Rules of Success for the Practice of Law and has co-authored chapers of The Musician Business and Legal Guide in its 4th edition

An then also, Mr. Johnson himself has been the subject of an Albany Law Review article Suing the media, supporting the First Amendment: the paradox of Neville Johnson and the battle for privacy Albany Law Review, Summer, 2004, by Robert D. Richards, Clay Calvert

(3:15) Well, Tom, we have the "paradox" of Neville Johnson before us today.

Tom Girardi: No question, hi, everybody, so happy for you to join us, and Dave Dino  --  this is an extraordinary person. You know, I know a lot of trial lawyers, and some of the best trial lawyers in this country, some of which have been on your show, and some will be on the show. Seldomly though, are those trial lawyers also great writers of the law.

(3:52) Tom Girardi: when you are  installing works on the one hand , trying to convince a jury on the other - I don't think the two mix -except, except with Neville - this guy is an extraordinary lawyer - now, you know he represents a lot of the top people - more importantly he is extraorinary at the types of issues he handles - indeed there aren't too many lawyers out there that really have a big concern about "the right to privacy", etc., and things like that.

And here he is the leading lawyer in California, maybe even across the nation, on these issues.

And in these days where we  are beginning to learn more and more about how important privacy is, the paparatzi, the fights on Malibu, and the coming out of a restaurant, and all that stuff,  those sort of issues, and the case where the guy rents the airplane and the next thing you know is there are photos of people on the plane, not necessarily favorable.

(5:08) All these things now are coming more and more to the fore.So as these various magazines and newspapers fight hard to get the headline and the story, indeed the rights to privacy are the first thing they attack

And somebody like Neville has been extraordinary in this regard.

You know, he doesn't limit his scope to the law, either. I have in front of me The John Wooden Pyramid of Success, a volume about John Wooden he wrote, and he also has written all these other things, including The Ten Things You Have To Do as a Lawyer. And we are going to ask him about those as well

(6:27) Neville Johnson is an extraordinary lawyer, and an extraordinary intellect and does more for the practice of law in the justice system maybe even more than anybody we have ever had on the show.

(6:40) Tom Girardi: Neville, welcome to the show!

Thank you!

(6:45) Tom Girardi: OK, what are you working on?

Neville Johnson: For several years we have been going after the entertainment unions, SAG, the Screen Actor's Guild,  AFTRA and DGA; they collected over $100 million dollars in what are called " foreign levies", monies that are paid by foreign countries for things under their law, like cable transmissions and reproductions of DVDs, and over half that money has not been paid out, and it goes back nineteen years, so we brought class actions on behalf of these people, and we're in the process of settling with the DGA and working towards that with the WGA and getting into it with the Screen Actor's Guild now.

(7:30) Tom Girardi: So, then, the unions get the money?

Neville Johnson: They get the money, they collect the money, and they should be paying it out, and they basically are saying 'it's hard' but we are saying nineteen years is a little too long

(7:54) Tom Girardi: Paying out the money to who?

(8:18) Neville Johnson: To people that are members of the union, but at least in the DGA and WGA situation, of people who are not even in their union. ... The motion picture studios made agreements with the guilds, another name for the unions, and have been collecting money as well, so it's not persuant to contracts, it's persuant to laws of foreign countries.

(8:53)  Neville Johnson: ... so, it's been kind of a secret in Hollywood until we brought the case.

(9:00) Tom Girardi: Why wasn't this done before?

(9:04) Neville Johnson: People just didn't know about it

(9:09) Tom Girardi: No kidding! Good for you!

 

Caught in the Act

The widespread use of new technologies in news gathering has placed the First Amendment rights of the media on a collision course with the privacy rights of individuals

Click here for the full eight-page article in Los Angeles Lawyer, Entertainment Law Special Issue.

 

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The Muscian's Business and Legal Guide

Mark Halloran, Esq,, editor

 

Click for Revision 4 at Barnes & Noble

  • Publisher: Prentice Hall Professional Technical Reference
  • Pub. Date: February 2007
  • ISBN-13: 9780132281270
  • 448pp
  • Edition Description: REV
  • Edition Number: 4

 

Synopsis

Definitive in scope and written specifically for musicians and songwriters by top professionals currently working in the industry, this book demystifies the music business and the indecipherable body of law which shapes it, and provides substantive information on actual practices--with clause-by-clause commentaries on all major contracts in the industry. Requires no background in law or business and is written in plain English,

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not "legalese. Includes relevant forms. Follows the typical development of a musician's career--Getting Started, Music as a Business; Protecting Your Compositions; Music Publishing; Performing and Marketing; Managers and Agents; and Recording. Features up-to-date internet-related coverage (including full chapters on Digital Distribution of Music Over the Internet: Legal Issues; International Copyright Issues; and Artist Rights). An appendix includes names; URL and mailing addresses of major industry associations and organizations; a list of the important industry publications. For musicians.

Table of Contents

CHAPTER 1: GETTING STARTED: MUSIC AS A BUSINESS

CHAPTER 2: PROTECTING YOUR COMPOSITIONS    

CHAPTER 3: MUSIC PUBLISHING           

CHAPTER 4: PERFORMING AND MARKETING

CHAPTER 5: MANAGERS

CHAPTER 6: RECORDING

 

 

The Muscian's Business and Legal Guide

Mark Halloran, Esq,, editor

Click for Revision 3 at Barnes & Noble

  • Publisher: Prentice Hall
  • Pub. Date: May 2001
  • ISBN-13: 9780130316813
  • 489pp
  • Edition Description: REV
  • Edition Number: 3

Synopsis

Demystifies the music business and the indecipherable body of law which shapes it!

  • Provides vital information about how the Internet is changing the way music is marketed and sold.
  • Expanded/updated information on the impact of the Internet on legal and business issues.
  • Appendix includes names; URL and mailing addresses of major industry associations and organizations, as well as a list of the important industry publications.
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Definitive in scope and written specifically for musicians and songwriters by top professionals currently working in the industry, this book provides substantive information on actual practices—with clause-by-clause commentaries on all major contracts in the industry, featuring extensive analyses, not just forms and casual commentary. Clarifies the language, shows actual practices, and offers advice on what to watch for. Requires no background in law or business; is written in plain English, not "legalese." Chapters are written by lawyers, managers, agents and business people working in the music industry in New York and Los Angeles.

Table of Contents

 

Preface
Acknowledgments
Introduction
Getting Started: Music as a Business 1
Group Breakups 2
Entertainment Group Names: Selection and Protection 10
Business Entities 22
How to Set Up a Money Deal 34
Music Attorneys 44
Mediation of Musicians 55
Protecting Your Compositions 59
Copyrights: The Law and You 60
Copyright Infringement 76
Sampling 83
Collaborator/Songwriter Agreements 94
Digital Downloads and Streaming: Copyright and Distribution Issues 99
International Copyright 110
Music Publishing 121
Performing Rights Organizations: An Overview 122
Music Publishing 130
Analysis of a Single-Song Agreement 139
Analysis of an Exclusive Term Songwriter Agreement 147
Music Licensing for Television and Film: A Perspective for Songwriters 164
Pop Music for Soundtracks 185
Performing and Marketing 199
Club Contracts 200
The Internet and Music 214
Getting Started as an Internet Artist 217
Music Unions 237
Managers and Agents 253
What a Manager Does 254
Analysis of a Personal Management Agreement 261
Talent Agencies 274
Business Managers 301
Recording 307
Practical Aspects of Securing Major Label Agreements 308
Analysis of a Recording Contract 316
How to Read and Evaluate Artist Royalty Statements 406
Royalty Statements: Audits and Lawsuits 418
Analysis of a Record Producer Agreement 426
Recording and Distribution Contracts with Independent Labels 440
Contracts and Relationships Between Independent and Major Labels 443
Resources 459
Contributors 465
Index 471
About Jerome Headlands Press 489

 

Forewords & Introductions

Welcome to the third edition of this book. (There were also three prior editions published under the title The Musician's Manual, the first in 1979.) As the music business changes, we strive to keep each new edition current. We have updated all the chapters and have added five new ones: Digital Downloads and Streaming: Copyright and Distribution Issues; International Copyright, Getting Started as an Internet Artist, Royalty Statements: Audits and Lawsuits; and The Internet and Music. However, the basic messages from the first edition remain constant. At some point in your professional music career, you will learn that there are legal questions implicit in almost everything you do. Whether you write, perform or sell a song, your actions give rise to rights and obligations that you should consider. The time to learn is now.

The purpose of this book is to demystify the music business and the seemingly indecipherable body of law that shapes it. And to help you "make it" by explaining the industry and the laws that govern it.

This book is a collection of chapters written by people that work in the music industry. Many are lawyers; some are musicians. We have tried to make our information comprehensible to everyone, and have avoided presupposing a lot of knowledge on your part.

At this point, we must present a few warnings. First, there is no substitute for obtaining competent help as you build your career. Talent agents, personal managers, lawyers and business managers are trained to guide you. Their expertise costs money, but you must think of these expenses as an investment in your career. Also, the chapters written by lawyers are designed to identifyproblems, not to give specific solutions. If you have a legal problem, do not rely on the information contained in this book; see an attorney. The chapters in this book are not the law, but merely describe legal applications, in general terms, for the music industry. Additionally, before you photocopy our forms for submittal, check with the organizations to which you are submitting—they may require you to fill out their original forms. In many cases, these forms may be downloaded and submitted via the Internet.

There has been a radical change in the way musicians can access information since our last edition—the Internet. The U.S. Copyright Office and virtually all other major organizations involved in the music business now have Web sites that make their information instantly available and up-to-date.

The Internet is also a new source of distribution of both songs and sound recordings, and as acts as an advertising and promotional tool for musicians. There has been a flurry of lawsuits against those that have given away the music you create. Thankfully, the music copyright owners have either prevailed in court or have negotiated settlements-but regulating the Internet in a way to protect your works and have their use paid for, remains the greatest challenge.

One final note-although this book is a useful tool, musicians should write music, not contracts. Unless you devote your time and energy to developing and exploiting your talent, this book doesn't matter. Make it matter.

Mark Halloran, Esq.
Coauthor and Editor

 

 

Click for Amazon.com review

The John Wooden Pyramid of Success

The Authorized Biography, Philosophy and Ultimate Guide to Life, Leadership, Friendship and Love of the Greatest Coach in the History of Sports (Paperback)

by Neville L. Johnson

 

  • Paperback: 480 pages
  • Publisher: Cool Titles; 2 Revised edition (April 2003)
  • Language: English
  • ISBN-10: 0967392020
  • ISBN-13: 978-0967392028
  • Product Dimensions: 9.2 x 6 x 1.3 inches
  • Shipping Weight: 1.7 pounds

John Wooden, owner of many unequaled and mostly unapproachable records, coached the legendary UCLA basketball teams to ten national championships between 1963 and 1975. He is without question the best coach in the history of collegiate basketball. His accomplishments on the court alone make him a fascinating person. But Coach Wooden is much more a philosopher and creator of the Pyramid of Success, which is a plain-spoken guide to achieving success that is packed with good, honest common sense. The Pyramid of Success is about balance and love what Wooden says are the two most important ingredients in a person and how to nurture those attributes in one's self and others.

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In this, an authorized Wooden biography, you will find the wisdom of this extraordinary man. Wooden has allowed rare access to members of his family brothers, children and grandchildren who for the first time take you into his home life as well as superstar athletes (Kareem Abdul-Jabbar, Bill Walton, Willie Naulls, Walt Hazzard, Gail Goodrich, Sidney Wicks plus many others) and nationally known broadcasters. You will also meet Ann Meyers-Drysdale, one of the greatest female basketball players in history. New to this edition are interviews with H.R. "Bob" Haldeman, (former Chief of Staff to President Richard Nixon) with whom Wooden maintained his friendship, even during his incarceration; Jack Tobin, the co-author of Wooden's autobiography, They Call Me Coach; and Andy Hill, a former UCLA player who went on to be a top entertainment executive and who co-authored with Wooden the recent best-seller, Be Quick But Don't Hurry.

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John Wooden and Neville L. Johnson