Posts from October 2008.

What New Artists and Musicians Can Do to Keep From Being Taken Advantage of – See a California Music & Entertainment Lawyer

R. Sebastian Gibson asked:


There is probably no other profession than the music business where so many people will try to take advantage of you when you are starting out as an artist or musician if you don’t have a lawyer. Whether you or your band hails from Carlsbad, Encinitas, Del Mar, Solana Beach in San Diego, Anaheim or Santa Ana in Orange County, or Palm Springs, whether you developed your talent in La Jolla, or at Huntington Beach, Laguna Beach or Santa Barbara, and whether you live, studied or performed in Hollywood, Westwood, Santa Monica, Venice, Malibu, Palm Desert or La Quinta, when you are just starting out, the entertainment industry sees you as someone whom they can take advantage of.

 

Music contracts are notoriously long, complicated and almost undecipherable to all but a music lawyer. Thirty page contracts are nothing unusual in this business. And there are so many contracts you will be faced with as a musician. Sign the wrong contract and you can be married to a bad agent, promoter, manager, distribution deal, publishing deal or record company and have your career over before it ever began.

 

Besides the issues you will face with copyrighting your music and trademarking your band name and logo, if you have one, there are management contracts, recording contracts, publishing contracts, agent contracts, distribution deals, licensing contracts, promotion deals, festival and concert contracts, producer agreements and that doesn’t even get into the complex issues contained in many of these agreements.

 

A music lawyer must have knowledge of synchronization rights, digital rights, peer to peer file swapping, sampling, mechanical licenses, copyright infringement, publishing, advertising law, immigration, employment law, negotiation, ring tones, and have a good understanding of how music is made from mixing to mastering, from the roles of the producer to the needs of the musicians.

 

And yet, for the music lawyer, there is little that is as rewarding as being part of the recording process or helping a band make it to the big time.

 

My advice to musicians just starting out and being presented with any type of contract is that having their contract reviewed by a music lawyer is essential. You are likely being presented with the most one-sided type of contract in any business or profession. They are written by the attorneys for the company or manager who is handing it to you with absolutely no attempt to be even handed.

 

Worst of all, at this stage in your career, you have little leverage. No matter how good you think your music is, the music world is littered with great musicians who signed horrible contracts that stifled if not ended their careers. If you have to do an extra gig and save the money to have a contract reviewed, that’s what you need to do. Get yourselves a good music lawyer. Not a divorce lawyer. Not a trial lawyer. An entertainment lawyer who knows the music business and one, preferably, who is interested in music and who is willing to listen to your music.  

 

If you have an entertainment law, copyright or trademark issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Huntington Beach Entertainment Lawyer and your Anaheim Entertainment Attorney. Be sure to hire a California law firm with entertainment law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.

 

If you have an entertainment law, or copyright dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.



ROJAS

Helpful Tips in Establishing the Integrity of a California Law Firm

Melvin Magadia asked:


Finding a California law firm can be easy yet tricky. It is easy in a sense that many sources provide guidelines on how to look for these companies. You may simply do an online search to have a list of law firms that you may choose from.

However, when finding a law firm in California, you need to be aware that not all of these establishments are reputable businesses. Some of these companies are bogus and are only after the money that you will pay as their client. In the end, you will end up short changed and unable to find the best law firm to handle your case.

Here are some helpful guidelines on how you can avoid becoming a victim of unscrupulous or fraudulent law firms. These tips may serve their importance in achieving a successful case result.

1. Do check if the law firm you are intending to deal with is accredited and authorized.

Practicing any legal profession without the necessary certification is illegal and punishable by law. To check if the firm is allowed by law to handle legal cases, you can check out the listing of the California State Bar Association.

2. Find out the specialization of the law firm.

Law firms may vary in their field of expertise. Thus, look for a company that would cater to your needs. For instance, if you are filing for a personal injury claim against the liable party, the best firm to look for and engage with is a company that specializes in personal injury. They can give you the best remedy to your legal concern.

3. Check out its track record and list of accomplishments

Even though you are successful in finding the law firm that is fitted to your needs, it is not an indication that they are the right company for the job. It will be to your advantage if you will conduct a research on its achievements or track record. By doing so, you will be able to determine whether they can handle the task of handling your case or not.

If you cannot find any accomplishments or winnings, then it would be better to look for another firm that is more competent and effective in handling claims.

4. Establish any connection with legal networks or associations

Determining whether they are connected with legal networks or associations is an important consideration when looking for a law firm. This will give you a better picture of their position in the legal world.

Of course, you want a company that is recognized in the industry to handle your case. By being a member of an established connection, you will have an idea that the firm handling your case passed strict standards set forth by the organization or network.

Whether it is personal injury, social security disability, business, or employment claims, working with credible law firms in California can give you peace of mind – an assurance that the company handling your case can deliver a positive result as far as your claims are concerned.

Our law firm specializes in handling personal injury, employment, business and Social Security legal cases in California. Just log on to our website, fill out our free case evaluation form, for a quick response to your concerns.



VALDEZ

I live in california, where can i read more information on group homes?

litlindy asked:


i need specific information of group homes for a presentation that I’m working on. I need to know what’s the public’s view on a group home, whether or not neighborhoods want them in their area. Also, who ‘qualifies’ to enter a group home.. is it all individuals with a criminal record? your own opinion will work but websites will work too anything where i can gather information!! Thanks

SIMONS

How difficult is it to obtain a “seal and destroy arrest” record for a felony that has been dismissed?

Anthony asked:


How difficult is it to obtain a “seal and destroy arrest” record for a felony that has been dismissed in SAN FRANCISCO COUNTY in california? Can I do the process myself? Should I hire a lawyer? how much for a lawyer to do it? How long does the process take? Do the prosecuters have to approve before it’s done? Do I have to pay anything to the court? Thanks.

DICKERSON

I Wanna See The Good [Mr. Bad Boy Jonas] Chapitre 59

ally5775 asked:


.” Her father asked. UGH! i don’t have time to talk! “Dad he’s probably looking for-” Taylor started out. “You were very good up there… um-” Her father inturpted her. “Joe” I replied. “You were really good up there Joe. I work at California records and I think you would be perfect for one of our new clients!” He was searching for a card to give me. When he found it he handed it to me. “If you accept this offer i am giving you right now. We would need about 12 songs to start off the first …

MAJORS

What Site is the best place to file for an LLC in California?

Mr Haun asked:


I live in Los Angeles City proper (north hollywood) and Im filing for a Standard LLC to start my independent record label. I have a California LLC order Ive started at http://www.incorporatingsite.com but before I pay I Want to make sure this wouldnt be likely some sort of rip-off and basically wanted a second opinion to this or if there was a “standard” safe site to do this. THANKS!

WEEMS

California Livescan, a Real Background Check?

Kit Fremin asked:


California LiveScan is the state run system administered by the California Department of Justice for criminal background checks exclusively for people who work with children, the elderly and disabled. All such workers must be screened by the LiveScan system.

Church pastors and nursery workers are also eligible to use the program. Most churches use LiveScan if they already use it for their affiliated church school. Organizations who use this program send their applicants who have been conditionally hired pending the background check, to a LiveScan vendor who fingerprints the applicant (the applicant puts their fingerprints on a scanner which electronically scans the fingerprint, hence the name) submits the applicants data online to the state where a statewide criminal check is performed and, if chosen by the organization ordering the report, a nationwide NCIC (FBI files) check is performed. The resulting information is then sent to the participating organization.

This system is one of the best in the in the country, but the purpose of this article is to point out that it does have what I consider to be major flaws that very few people know about. I think that it is very important, especially for parents, to know the systems limitations in hopes that someday the state will tighten the loopholes and more children will be protected.

The LiveScan system places strict limitations on what information is available and how that information is distributed. The criminal history report is sent to the organizations Records Custodian, which may or may not be the person making the hiring decision and in larger organizations it us usually not the same person. The Records custodian is only allowed to tell the person making the hiring decision that the person has passed or failed the LiveScan. They dont even get to know why that person has failed the background check.

SURPRISING FACT # 1. CALIFORNIA LIVE SCAN DOES NOT REPORT ALL CRIMINAL HISTORY The state of California has mandated that only records related to the following categories are revealed by LiveScan: 1. Crimes relating to child abuse or elder abuse 2. Sex Offenders 3. Convictions or incarcerations in the last 10 years as a result of committing: theft, robbery burglary or any felony.

Now, on its face the list above looks pretty good, but lets go over some of the crimes that it doesnt cover and as we go through the list try to think of your childs nanny or her Sunday school teacher engaged in these crimes. Heres a partial list: Assault, Accessory to a crime, Aiding and abetting, Bad check writing, Carrying a gun without a license, Contempt, Domestic Violence, False impersonation, Medicare fraud, Stalking, Drug possession, Indecent exposure, Misdemeanor Prostitution, Lewd conduct, Disorderly conduct, Disturbing the peace, Vandalism, Trespassing, Malicious mischief, Public drunkenness and the list goes on. I dont know about you, but before I would hire someone to work with children I think I would want to know if they are a pot-smoking, bar-fighting drunk-in-public type person. Most people would agree.

SURPRISING FACT # 2. LIVESCAN DOESNT CHECK FOR ANY CIVIL RECORDS. OK maybe now you are thinking that this California LiveScan doesnt cover as much as you thought and you would be correct. It also doesnt cover any civil court rulings against a person such as Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for things such as stalking). You dont think that is important? The Family Violence Prevention Fund estimates that up to three million women are the victims of domestic violence each year and restraining orders are one important way that they can protect themselves.

SURPRISING FACT # 3 LIVESCAN DOES NOT CHECK THE CALIFORNIA SEX OFFENDER REGISTRY (also known as the Megans Law registry). THE PRECEEDING SENTENCE IS NOT A MISPRINT; ITS TRUE! You can verify this by calling the California Department of Justice and asking them. Their number is 916 227-4974. By now you are probably asking yourself, How in the world can this be true? A state system designed to protect children doesnt even check for drug offenders, wife beaters and sex offenders? That is unconscionable! Even as I write this I find it hard to believe myself. It doesnt even check the Megans Law list for sex offenders who have moved to California from another state who are required to register.

BUT WAIT; THERES MORE. There are even two more area that LiveScan does not check or report. When it searches criminal records, it only searches records where a person was fingerprinted. For a minor, non-violent crime people are sometimes issued a notice to appear, just like a traffic ticket. People who are arrested in that way are not fingerprinted. I understand that when big cities do things like prostitution sweeps that they sometimes use that method for both the prostitutes and their clients. Also, if an arrest is found on someones criminal history and there is no corresponding disposition such as a trial verdict, plea agreement or sentencing information, they withhold the information from you. The following quote is off their website: Unless otherwise authorized by law, where only an arrest record exists but the Department is unable to obtain corresponding disposition information, the Department shall suppress that arrest information and provide the authorized agency with a response that no criminal history information exists.

As a person who has been in the background check business for 13 years and the father of two college age daughters, I would have designed the system very differently to say the least. I certainly would not have designed in holes big enough to drive a truck through and potentially let criminals have access to children. The more I study this information the more I am convinced that the State of California is more interested in protecting the rights of criminals than protecting children and the elderly. In all my dozens of conversations with pastors, school administrators and law enforcement people I have only spoken to one person, who was truly aware of the built-in limitations of the LiveScan system. Most people assume that if it is the state-run system then it must be the best and most complete.

As I was re-researching the data to write this article I also found that it is possible for someone to have their sex offence crime expunged after serving their sentence, but would still be required to be registered as a sex offender. That is one more very convincing reason to check the Megans Law list.

Again, if someone was background checking my daughters teacher, coach, counselor or pastor I would want a more thorough check and I expect better from the State of California on behalf of all children.

THE ALTERNATIVE: Most organizations who use LiveScan have to by state law, but if you have a choice you should consider a private sector background check from a reputable company that gives you all of the criminal information on a county by county basis, checks the civil records, the Megans Law list and records from any other state where a person may have lived.



KITCHENS

Birth Certificate Records – the EASY Way! Birth Records 2-3 days

birthcertificate88 asked:


www.ebirthcertificatepassports.com Need a birth certificate for Travel? Our private birth certificate service can obtain certified birth certificates for you. Birth Ceritificates in 2-3 days … birth certificate certificates birthcertificate ceritficates copy california records record birthrecord

ARNETT

Caught steeling from macy’s in California,?

Guy asked:


Caught steeling from macy’s in California, No police were involved but my social security number was taken and I was told I would get a fine in the mail shortly after.

My question: I understand that I will not be criminally charged, but will this civil matter appear on any records of mine or cost me any money aside from what I pay in the fine? Will this effect my credit?
Will this have any effect on me other than paying a fine?

Thanks!

PERRIN

California Air Resources Board Enhances Refrigerant Gas Monitoring In Ab 32

Daniel Stouffer asked:


wing explains the California Air Resource Board’s (CARB) refrigerant gas management program to be enhanced in the California AB 32 legislation. Also included are further details related HVAC-R system refrigerant gas leak detection, monitoring, tracking, and reporting. These details all relate to the California Air Resources Board (CARB) regulation to be passed in early 2009 as well as the anticipated U.S. EPA adoption of similar regulations. Refrigerant gases can contribute to the major problem of global warming. Refrigerant gases, such as R-22, are contained in AC, HVAC, or more commonly called HVAC-R systems. HVAC systems show up in a myriad places, including hotels, hospitals, military bases, schools and universities, supermarkets, cold storage warehouses, food preparation, processing and service, recreational facilities, office, commercial and industrial facilities and industrial and manufacturing processes. The California Global Warming Solutions Act, commonly called AB 32, was introduced in 2006. It had the original requirements for statewide refrigerant gas reporting. The early action committee of the CARB has many scientists and refrigerant engineers who really understand the impacts refrigerant gases have on our environment and society. So, the Stationary Equipment Refrigerant Management Program was designed to help reduce greenhouse gases by the regulation of harmful CO2E emissions from the AC and refrigerant equipment, ranging in size between 50 and 200 pounds. Would you believe that over 180,000 places in the state of California are affected? There are numerous components making up the refrigerant gas management program. Refrigerant usage reports and the requirements for gas tracking include not only the manufacturing of the refrigerants but also the distribution, reclamation, and wholesale channels as well. All segments of the refrigerant industry must keep accurate records. HVAC-R technicians must be EPA certified to work or service repairs on many systems containing refrigerant gas because many refrigerants have hight GWP and also bad greenhouse gases (GHGs). Equipment must be retrofitted and repaired, leaks must be monitored and repaired and stringent procedures in place to cover service practices to reduce discharge. Almost forty years ago, the California Air Resources Board was formed to focus on air quality and areas for improvement. A good refrigerant gas management program is an essential element. CARB has been proactive, working with the people of the state, its’ corporations and government bodies with the aim of protecting public health, welfare and the delicate ecology. California’s size ensures that the problem potential for refrigerant gas emission is considerable. The California Air Resources Board is particularly concerned with recovering refrigerant from places that use stationary refrigerant and AC. Through scientific research and industry analysis, it is generally thought that GHG emission, caused by the release of refrigerant gases, could equal 35 million, metric tones of CO2e within 10 years. It is a learning curve for many organizations who own or operate HVAC-R systems and have facilities in California. To fully distribute the details on the refrigerant management program, CARB is offering industry workshops and meetings across California. Verisae, Inc has developed a refrigerant gas management application that is web-based and which automatically updates when new edicts are sent out by CARB, the California EPA and other government bodies. Refrigerant tracking solutions, often in the form of web-based applications with a centralized database, empower organizations with HVAC-R systems containing refrigerant gas to monitor, manage, and maintain records of usage and to better log leaks in chronological order throughout the year. Environmental Protection Agency (EPA) compliance all boils down to effective data management, the completion of required paperwork and reports; all of which is detailed in the EPA requiremetns. Air pollution and smog have been big enemies of the people of California over the years. Even though pollution has dropped by 25 percent since 1980 and smog exposure has come down a whopping fifty percent, there is much to do. The Stationary Equipment Refrigerant Management Program and other initiatives allow both CARB and the people of the state to breathe easier as the standard of air quality improves.

BRAVO