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The BOMB Podcast
35 minutes | Apr 6, 2021
Kelly Clarkson's Verbal Mgmt Agmt - Pt.2 - Post-Term Commissions
In this week’s episode, Professor Butler will continue to explore the issues involved in the lawsuit between Kelly Clarkson and her ex-manager/ex-husband Brandon Blackstock. In last season’s Episode 12, which is Part I of this story, Professor Butler defined the elements of a binding contract using Clarkson’s verbal management agreement as a backdrop. This week’s focus is on post-term commissions, the reason why Kelly Clarkson MAY still owe commissions to a manager that she is no longer working with, and how a well-negotiated, written Sunset Clause, can keep the same thing from happening to you.
10 minutes | Mar 25, 2021
The BOMB Podcast - Season II Intro
After a well-deserved break, Professor Butler and the B.O.M.B. podcast are back in business. With all new episodes, the focus of Season II will be on Professor's unique commentary and witty analysis of music industry celebrity case studies, lawsuits and disputes. If you like what you hear, be sure to leave a review, as Professor Butler appreciates your support. Also, tune into her new YouTube channel (The BOMB Podcast) and reimagined website at www.professorbutler.com.
32 minutes | Oct 13, 2020
Kelly Clarkson’s Verbal Agreement – Pt.1
In today’s episode of the BOMB podcast, Professor Butler will explore the elements of a binding verbal agreement using Kelly Clarkson’s recent lawsuit between her and her manager/ex-husband as a backdrop. Clarkson is being sued by her management company, Nashville-based Starstruck Management for unpaid and future commissions stemming from a 2007 verbal contract. Professor Butler will also discuss contract formation and the kinds of contracts that MUST be in writing in order to be enforced.
36 minutes | Sep 29, 2020
Work Made For Hire - Pt. 2
In this week’s episode of the BOMB podcast, Professor Butler will briefly recap episode 10, where she discusses the first way to create a Work Made for Hire (a work created by an employee within the scope of employment), then quickly turns her focus towards the second way to create a WMFH, which is when someone orders or specially commissions an independent contractor to create the work. Professor Butler will pay special attention to the reason why record labels generally own your master recordings and why not every work for hire agreement satisfies the requirements outlined in the Copyright Act.
27 minutes | Sep 15, 2020
What is Work Made for Hire? Pt. 1
In this week's episode of the BOMB podcast, Professor Butler breaks down what it means to create a Work Made For Hire. In this part one of a two-part episode, she explores works created by employees within the scope of their employment. She defines the doctrine and explains the ramifications of creating a work, particular a song, while employed by a music publisher as a staff or ghost writer.
24 minutes | Aug 25, 2020
50 Cent vs. Rick Ross: Stop Using My Voice!
In this week’s episode of the BOMB podcast, Professor Butler explores the right of publicity and the name and likeness provision that exists in every recording contract. Each of these issues are at the center of the lawsuit that 50 Cent filed against Rick Ross a few years ago, the very same lawsuit that came to an end last week. Professor Butler will discuss what led up to the lawsuit as well as the rationale for why the appellate court ruled in Rick Ross’ favor. 50 Cent & Rick Ross' Never-Ending Beef, a Complete History https://djbooth.net/features/2016-01-18-history-50-cent-rick-ross-never-ending-beef 50 Cent Loses Rick Ross 'In Da Club' Remix Appeal https://www.billboard.com/articles/business/legal-and-management/9437725/50-cent-loses-rick-ross-in-da-club-remix-appeal
34 minutes | Aug 18, 2020
Your Music is Your Property... Protect It!
In this week’s episode of the BOMB podcast, Professor Butler explores the four types of intellectual property: patents, trademarks, copyrights and trade secrets, through the lens of property rights in general. She breaks down the concept that all property, whether it’s real, personal, or intellectual, is entitled to a specific set of exclusive rights. Professor Butler will break the different types of property, the exclusive rights associated with property ownership, and the various laws created to protect those exclusive rights, no matter what type of property you own.
33 minutes | Aug 11, 2020
Young Vs Trump: Stop Using My Song!
In this week's episode of the B.O.M.B. Podcast, Professor Butler discusses the copyright infringement lawsuit filed by singer Neil Young against Donald Trump and his reelection campaign, for the infringing use of two of Young’s songs while on the campaign trail. Professor Butler will explore the exclusive right to public performance, the significance of the Performance Rights Organizations (PRO's), exceeding the scope of a performance license, and how to avoid having a political candidate use your music without your permission. Neil Young, Donald Trump Spar Over ‘Rockin’ in the Free World’ Use https://www.rollingstone.com/politics/politics-news/neil-young-donald-trump-spar-over-rockin-in-the-free-world-use-42869/ Using Music in Political Campaigns https://www.ascap.com/~/media/files/pdf/advocacy-legislation/political_campaign.pdf
29 minutes | Aug 4, 2020
How to find (and afford) a Music Lawyer.
In this week’s episode, Professor Butler will talk about the all-important music and/or entertainment attorney, why you need one and how you should go about finding one, especially one you can afford. She will review what it takes to become a lawyer, the difference between a general practitioner and a specialist, the best time to hire an attorney, and options for those of you who need, but cannot afford, expensive legal representation. Billboard’s Top Music Lawyers – 2020 List https://www.billboard.com/articles/business/9424332/billboard-top-music-lawyers-2020-list Volunteer Lawyers for the Arts nationwide. https://vlany.org/national-directory-of-volunteer-lawyers-for-the-arts/ Harvard Law School's Recording Artist Project (RAP) https://recordingartistsproject.com/ AWAL Blog on Building Your Dream Team: The Music Lawyer https://www.awal.com/blog/music-lawyer
34 minutes | Jul 28, 2020
The Migos Dispute: What if your lawyer is my lawyer too?
In this week's episode, we will discuss legal advice, the attorney-client relationship, fiduciary duties, conflicts of interests and the Atlanta-based rap trio Migos' lawsuit against their (and their record label's) attorney. We will cover in detail: What a lawyer does; Why a lawyer is obligated to do what they do; and The four main things you should expect your lawyer to do for you. Links mentioned in this episode: https://hirealawyer.findlaw.com/do-you-need-a-lawyer/what-is-legal-advice.html https://www.legalzoom.com/articles/attorney-client-relationship-101 https://work.chron.com/attorneys-fiduciary-duties-clients-13456.html https://variety.com/2020/music/news/migos-sue-attorney-malpractice-millions-quality-control-1234707059/
28 minutes | Jul 21, 2020
The Lady A Dispute: What if they steal my Name? Part II
In this week's episode we pick up where we left off in episode #3, discussing the trademark dispute between country trio Lady Antebellum and blues singer Lady A. We also review the definition and purpose of trademark, common law trademark protection, consumer confusion and Professor Butler's 3-step process for protecting your name.
33 minutes | Jul 14, 2020
The Lady A Dispute: What if they Steal My Name? Part I
In this week’s episode, Professor Butler explores the name dispute between country trio Lady Antebellum, who recently changed their name to "Lady A", and Seattle-based blues singer Anita White, who has also been known as "Lady A" for the past 20 years. Professor Butler will break down the dispute in her signature style, by comparing and contrasting it with another famous trademark case involving the famed Kardashian sisters. This is part one of a two-part, episode so be sure to tune in next week for continued commentary and analysis. You won’t want to miss it!
27 minutes | Jul 7, 2020
What if they Steal my Music?
In this week’s episode Professor Butler will talk about about the fear associated with sharing your music and the difference between copyright protection vs. copyright registration. Professor Butler has spent decades simplifying these complicated concepts using real-life scenarios, so that even an industry novice can understand. Listen in and start protecting yourself and your music today!
26 minutes | Jun 30, 2020
How NOT to get Scammed!
In this premiere episode of the B.O.M.B. podcast, Professor Butler will use a real-life scenario to issue the first of many “Music Industry Scam Alerts". Designed with singers, songwriters, musicians, producers, and anyone aspiring or already making a living in the music business in mind, she will outline the three things that everyone should do, should not do, and should stop doing in order to keep from getting scammed. For more information feel free to contact us at https://campsite.bio/professorbutler or join our tribe at www.professorbutler.com.
3 minutes | Jun 15, 2020
Trailer: the B.O.M.B. Podcast
After 30+ years as an entertainment attorney, record label executive and college professor, Professor Butler created the BOMB (Business of Music Bootcamp) podcast. Each episode she shares her straight-talk commentary and insider analysis of the business and legal side of the music industry. She has spent her entire career empowering singers, songwriters, musicians, producers and other creatives with the knowledge they need to make informed decisions about how to protect themselves and their music. Now it’s your turn.
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