INDUSTRY ADVICE
"The entertainment lawyer"
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by Kyle Westaway Founding Partner, Westaway Law www.westawaylaw.com kyle@westawaylaw.com |
Q What is your background/education/experience as an entertainment lawyer?
Before I launched Westaway Law, I was working as an in-house attorney for Viacom. My work there was solely focused on the protection of digital intellectual property, specifically, I worked on the ongoing and much publicized litigation between Viacom and You Tube/Google.
During my first year at Regent University School of Law, an accomplished jazz musician and friend, Jake Clemons, asked me to manage his career. After much convincing, I reluctantly started managing him and found that I actually enjoyed the music business. From that point I sought out every opportunity to learn as much about music law as possible, by taking entertainment law and copyright courses as well as attending premier entertainment law conferences around the country. My capstone paper during my last semester in law school focused on the way forward for the music industry in digital music.
Q How do you find the difference between having worked for a big corporation vs. working independently- as you do now?
Well, the contrast could not be more stark. I used to work in a monolithic organization of over 10,000 people with offices on Times Square, now I work by myself in NoLita… So I don’t have to fight through slow tourists to get to my office… that’s a huge plus! Seriously though, everyone I worked with at Viacom was great, but I found that the corporate structure stifled my passion for working directly with artists. When artists are commoditized, in any large corporate structure, whether it be a multimedia entertainment conglomerate or a large law firm, the art suffers. I hope that as Westaway Law grows I never forget that.
Q What are your goals with your new firm?
Westaway Law exists because I want to work with artists that have a dream to create music that will shape culture. The power of a single song cannot be underestimated… it can change a mood, melt a heart of stone, energize, or change the temperature of a room. A good song can achieve in 3 minutes, what a speech could never achieve in an hour. So, I want to be a part of that song-making process. I’m not an artist, the only thing I can play is an iPod, but I know that the legal and strategic skills I have to offer can add value to that song making process.
Q What do you feel your role as an entertainment lawyer can accomplish for artists today?
Any decent entertainment lawyer can write, review, and/or negotiate a contract. What I am trying to do at Westaway Law is increase the level of personal service and investment in an artist’s career beyond mere contract work. With that in mind, there is nothing in my power that I won’t do for an artist I really believe in. If I’m working with a new artist, I want to get them a good manager, publisher, publicist and label. Furthermore, since I’ve spent time on the management end of things, I tend to think like a manager and consider the big picture of an artist’s career, not just the legal aspect. Though I have no desire to manage, I excel at high-level strategic planning and career guidance. Obviously, I am not getting paid for making introductions, strategizing or building a strong team, but I know that all of that is necessary for long-term success, so I am committed to providing those added services.
Q The climate of the business as is requires some innovative thinkers, how can you contribute to necessary change? What direction do you see the business heading in?
Right now, there is a lot of doom and gloom about the future of the music industry. The dominant driving force behind the industry is fear. Every person in the industry is afraid that if they make one mistake they will be out of a job. Labels are filing for bankruptcy and downsizing en mass. The industry, especially the major labels, are still struggling to adapt to the digital age.
All of these challenges for the entrenched industry are opportunities for the young and/or independent artists. The power has shifted away from the label to the artist. In order to thrive in this environment, an artist must capture and maximize every possible revenue stream.
Perhaps the most important question an artist can ask him/herself right now is “What do I need a label for, and what can I do myself?” Obviously the answer to that question is going to vary for each artist depending on talent, exposure and financing. It takes a team of innovative thinkers to put together a strategy that will maximize revenues and allow an artist to achieve his/her goals. I am committed to be part of the next generation of attorneys that is willing to think creatively and innovate to set the new model for music industry.
Q What kind of artists do you work with?
I am open to working with artists in all genres at any stage in their career. But the kind of artists that I really get excited about are artists that are talented, have at least a basic understanding of the music industry and have a relentless work ethic.
Q In your ideal world, today, how do you feel the career of an artist should shape to ensure long-term success?
There’s no sure route to long-term success. But generally, I think two things are imperative. First, you need to build a solid team of people around you that you trust and have your best interest in mind. Second, find ways to remain inspired. Too many artists achieve success on one album and fizzle because of their inability to remain inspired. No matter how polished and well-financed the machine is, if the product is sub-par, that artist will not be a long-term success.