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.

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.

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.

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.  

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

 https://www.billboard.com/articles/business/legal-and-management/9437725/50-cent-loses-rick-ross-in-da-club-remix-appeal

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.

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

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

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:

1. What a lawyer does;
2. Why a lawyer is obligated to do what they do; and
3. 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/