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We welcome you with a Servant’s Heart and a Warrior’s Spirit. Bienvenidos, Se Habla Espanol.
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We welcome you with a Servant’s Heart and a Warrior’s Spirit. Bienvenidos, Se Habla Espanol.
Words from the Founder:
This area of the law has a deep place in my heart because I would have been the talent looking for legal advice or a full-time talent manager in another life.
I probably would not have made it to the NBA, but I scored twenty-four points in one-quarter of a freshman high school game.
If I had the right direction, I could have made it to the NFL as a tight end.
I could have been a Light Heavy Weight or Heavy Weight Champion in boxing. Those I grew up with would agree.
And I am not a stranger to the stage either.
But the Lord knows what he is doing, and beyond far-fetched dreams, I am an attorney. I had been in sales for over 20 years before I became an attorney: motivating, advocating, and closing.
I have a separate company that I founded and run: Path to Plenty, LLC., where, amongst other things, we teach people how to sell, negotiate, be motivated, and help them with setting up a successful business or making their existing business more successful.
Business Law and Entertainment Law are very similar from a high-rise point of view. One main difference is that the talent, you, are the business.
But it would be nice to find an attorney with some entertainment business experience as well, right?
I have been in the entertainment scene. At one time, I supported myself by singing and finding musical talent gigs at different venues.
I know how hard it is to see your dreams come alive, and I know how many people out there will smile at your face only to doubt you and ridicule you behind your back.
Do not let the haters bring you down.
They hate on you because they cannot do what you can do. And rather than be happy for and motivated by your accomplishments, they prefer to try to bring you down to feel better about their insecurities.
So, if you want someone who will tell you what you want to hear and not the truth and take your money as they lie to you, this firm is not for you.
But, if you want a firm that will be loyal and respectfully tell you the truth as we see it, this firm can be Your Champion.
This firm will only focus on representing talent, grassroots production companies, and record labels. We do not represent major record labels, production companies, and the like.
This firm will not take just any client, we are not in the business of taking advantage of others, and people matter more to us than money.
If we take you as a client, honesty, respect, and loyalty will be yours, and we will have your back until the end.
Make contact, and you will know the difference if you do not feel it already.
We Stand Ready To Serve.
-JW Zepeda
This firm represents talent and grassroots production companies and record labels.
We want to focus on helping people’s vision of their future come true.
Entertainment Law is like the needs of Business Law; however, the talent, you, are the business, the product, the show, and all decisions need to be made for your good. To do Entertainment Law effectively, you need to be able to practice many areas of law–WE DO. MOST DO NOT.
Some of the things an Entertainment Attorney can help with and that this firm chooses to do are:
Contract Negotiation and Drafting:
Rarely are you asked to sign a contract with a business that does not highly favor them and not you.
DO NOT SIGN ANY CONTRACT WITHOUT CONSULTING AN ATTORNEY.
An attorney has a legal duty to look out for your best interest, and we know what all the legal terms mean and how they would affect your future.
An attorney can advocate on your behalf and negotiate a contract that considers your interest and is not just one-sided in favor of the other party.
This firm was founded by an attorney who teaches people how to negotiate in his separate company: Path to Plenty, LLC. Our Founder will deal for you or someone he has personally trained.
If you need a contract drafted, created from nothing, we can do that too.
We can help negotiate and amend or revise contracts.
For Example:
Recording Agreements:
These contracts set forth the rights of the recording label and the musician.
This agreement is one of the most critical agreements a musician will sign involving their career.
It outlines the ownership, use rights, and how much the parties make, amongst other things.
Many artists lost the rights to their music when they signed agreements without legal advice they hired.
Often, the company will have a lawyer present to fool you into thinking the lawyer is there for your benefit.
However, the lawyer will likely not protect your interest if you do not hire them.
You have worked hard to be recognized, do not sign all the fruits of your labor away for pennies in your rush to be signed.
Contact an Entertainment Attorney now.
We Stand Ready To Serve.
Publishing Agreements:
These contracts set forth the rights of the publishers and you.
This agreement is one of the most critical agreements a talent will sign.
It outlines the ownership, use rights, and how much the parties make, amongst other things.
Many people lost the rights to their work when they signed these agreements without the legal advice they hired.
Often, the company will have a lawyer present to fool you into thinking the lawyer is there for your benefit.
However, the lawyer will likely not protect your interest if you do not hire them.
You have worked hard to be recognized, do not sign all the fruits of your labor away for pennies in your rush to be signed.
Contact an Entertainment Attorney now.
Licensing Agreements:
These contracts permit another party to use your intellectual property in some way.
These contracts will tell the other party what they can and cannot do with your intellectual property, amongst other things, and discuss the payment (royalties) being charged for the use.
Royalties:
The payment is charged for using intellectual property or another asset.
These agreements are not a one size fits all approach; any party can negotiate everything.
That is why you need a professional who understands contracts and is legally bound to defend your rights.
Contact an Entertainment Attorney now.
We Stand Ready To Serve.
Talent Agreements:
This is a contract between a talent, you, and a talent agency you are looking for to represent you.
It outlines the scope of the relationship and compensation, amongst other things.
The companies asking for you to sign a talent agreement likely got an attorney to draft the contract. The only thing you can be sure of is that the contract protects the company’s rights, not yours.
Hire an attorney who is legally bound to fight for and defend your rights and interests.
Management Agreements:
This is a contract between the talent, you, and another party offering to manage your career.
The agreement outlines the scope of management, duties, and compensation, amongst other things.
You should never take these agreements lightly because no matter how good you think you know somebody, you cannot take their word for it when it is said they will look out for your best interest unless you hire an attorney.
We all have heard of even parents exploiting their children’s wealth and careers for personal gain.
Get everything in writing and consult an attorney legally bound to look out for your best interest.
Contact an Entertainment Attorney now.
We Stand Ready To Serve.
Work-for-Hire Agreements:
This is a contract between an employer and an independent contractor.
These contracts may require you to give up the rights to any intellectual property involved for a royalty or a flat fee.
These contracts outline the scope of the performance and the compensation due upon delivery or otherwise, amongst other things.
The companies asking you to sign this agreement likely got an attorney to draft the contract. The only thing you can be sure of is that the contract protects the company’s rights, not yours.
Hire an attorney who is legally bound to fight for and defend your rights and interests.
Contact an Entertainment Attorney now.
We Stand Ready To Serve.
Appearance Agreements:
This is a contract between a talent and a company to do something.
It may require simply making an appearance.
These contracts often require you to give up the rights to any intellectual property involved for a royalty or a flat fee.
These contracts outline the scope of the performance and the compensation due upon delivery or otherwise, amongst other things.
The companies asking you to sign this agreement likely got an attorney to draft the contract. The only thing you can be sure of is that the contract protects the company’s rights, not yours.
Hire an attorney who is legally bound to fight for and defend your rights and interests.
Contact an Entertainment Attorney now.
We Stand Ready To Serve.
Endorsement Agreements:
This contract between a talent and a company allows the company to use the talent’s name and likeness.
For Example:
It may require simply making an appearance or endorsing a product or service.
It may require the use of your photo and text showing you endorse the product or service.
It may be for a commercial on multiple media.
These contracts often require you to give up the rights to any intellectual property involved for a royalty or a flat fee.
These contracts outline the scope of the performance and the compensation due upon delivery or otherwise, amongst other things.
The companies asking you to sign this agreement likely got an attorney to draft the contract. The only thing you can be sure of is that the contract protects the company’s rights, not yours.
Hire an attorney who is legally bound to fight for and defend your rights and interests.
Contact an Entertainment Attorney now.
We Stand Ready To Serve.
Copyrights:
Copyrights notify others that these original works belong to you. They must have your permission to use them, or they can be sued and face criminal penalties.
Permission to use intellectual property such as copyrights, trademarks, and patents is given in a licensing agreement that discusses the parameters of the use and the fee for such use.
Copyrights are for original works. For Example:
Trademarks:
Trademarks tell others what belongs to you, and to use them, they must have your permission, or they can be sued and face criminal penalties.
Permission to use intellectual property such as copyrights, trademarks, and patents is given in a licensing agreement that discusses the parameters of the use and the fee for such use.
Trademarks are words, phrases, or designs that identify your goods or services.
For Example, The logo of your favorite cell phone brand and the name is trademarked.
Licensing Agreements:
These contracts permit another party to use your intellectual property in some way.
These contracts will tell the other party what they can. They cannot do with your intellectual property and discuss the payment (royalties) being charged for the use, amongst other things.
Royalties: The payment is charged for using intellectual property or another asset.
These agreements are not a one size fits all approach. Any party can negotiate everything in a deal. That is why you need a professional who understands contracts and is legally bound to defend your rights.
Contact an Entertainment Attorney now.
We Stand Ready To Serve.
Cease and Desist Letters:
When your intellectual property is used without your consent, these letters are often enough, when drafted properly, to let the other party know of the wrong being committed and motivate them to stop use.
Injunctions:
An injunction is needed if the other party does not stop using your intellectual property.
An injunction is a court order that tells the other party to stop use. If the other party does not stop their use, they can be in trouble with the court and jailed.
Below are civil cases that typically involve the entertainment industry.
These claims have a time limit in which they must be brought. Act now.
To bring this type of claim or defend against one, this firm stands ready to fight for your honor.
Invasions of Privacy happen in multiple ways:
Misappropriation
This type of claim protects the plaintiff (the person suing) from having their name or likeness used by the defendant (the person being sued), usually for some advantage or benefit to the defendant.
This claim does not protect the name but the economic value of the name.
Right to Publicity
It is like Misappropriation. However, this property right protects the name and likeness of a deceased person.
This claim would fall under a Survival claim. These claims allow certain family members of the death to bring civil claims that the deceased could have brought themselves.
Intrusion into Seclusion
It occurs when a defendant intentionally intrudes upon the solitude, seclusion, or private affairs or concerns of another.
The intrusion must be highly offensive to a reasonable person to recover from it. And the intrusion needs to cause injury to the person whose privacy was violated.
Public Disclosure of Private Facts
This type of claim occurs when private facts are made public; making those facts public would be highly offensive to a reasonable person. The facts made public are not a valid public concern.
For Example, A court has held that even married couples are entitled to privacy from one another. Spouse “A” making a recording, or someone, spouse “A,” hires to make a recording of spouse “B” when “B,” thinks they are in complete privacy could be a claim that allows recovery of damages.
Defamation occurs when one person makes public something about the plaintiff’s (person suing) reputation that is untrue and injures the plaintiff’s reputation.
Sometimes the thing made public is so repulsive by the law that mentioning such content means that the plaintiff is due Damages because they are presumed.
In the age of social media, defamation law is a growing field of practice evolving quickly.
Defamation has cost people relationships and employment; sadly, others have even taken their own lives due to some false trash on the internet.
But defamation is not just for internet posts. Defamation is for things said and written everywhere.
These are two broad types of defamation.
The law of defamation is multilayered and complex.
Some considerations that an attorney must consider are:
Tortious Interference occurs when a person or company who is not connected with a contract or prospective business relationship causes either to suffer harm.
There are two types of Tortious Interference:
1. Intentional Interference with an existing contract:
(a) Interference with an existing contract,
(b) the Interference was willful and intentional,
(c) The defendant (the person sued) approximately caused the Interference, and
(d) the plaintiff (the person suing) suffered actual damages or loss.
2. Intentional Interference with future business relationships:
(a) There was a reasonable probability that the parties would have entered a contractual relationship,
(b) there was an independent tortious act or illegal act by the defendant (person being sued) that prevented the relationship from occurring,
(c) the defendant did such an act with a conscious desire to prevent the relationship from occurring or knew the Interference was sure or substantially certain to occur because of his conduct, and
(d) the plaintiff suffered actual harm or damages.
Prospective relationships need to be reasonably probable to be actionable.
Interference in a person’s way of earning a living may also be actionable.
Fraudulent Misrepresentation:
Negligent Misrepresentation:
Fraud in the inducement:
Statutory Fraud:
Whether you want to bring this claim or defend against one, this firm stands ready to defend your Family’s Honor and fight for the justice you deserve.
Contracts are highly favored in Texas and usually rule the day. So, if you breach or are being accused of Breach of Contract in Texas, it can be a severe matter.
There are two main types of breaches of contracts:
Material Breach:
These breaches involve a material (essential to a reasonable person) provision. Material breach means one or more parties did not carry out the fundamental purpose of the agreement. In this type of breach, the offended party’s performance can be excused, and they can sue for Damages.
Non-Material Breach:
These breaches do not involve the essential purpose of the contract, and therefore performance is not excused; however, you can sue for Damages.
These claims do not only have to be brought against the wrongdoer. The claim can hold their employer liable as well.
Respondeat superior: This is a way to hold an employer or company responsible for the actions of another (“vicariously liable”). Suppose the company’s representative acted within the scope of their duties when the injury
occurred. In that case, the employer is liable too.
This rule takes an excellent legal argument because the other side will try to argue that their representative was on a “frolic.”
A frolic is a departure from the scope of their duties, and therefore the employer would not be liable.
The employer is usually the only party with the finances and sufficient insurance to bring justice to injured individuals. It is of the utmost importance not to lose this legal argument if there is a path to victory.
These damages are for all the above claims except Tortious Interference and Breach of Contract which is listed at the bottom of this damages section.
Damages would include any financial loss or damage to your reputation that results from the claim.
“Damages” in this context mean what you may be able to get from bringing this type of lawsuit.
General Damages (Economic Damages): These are Damages that an attorney does not need to specially plead because they are usually suffered by the type of injury sustained. A characteristic of these Damages is that they are easier to quantify because they are not subjective.
Loss of Income earning ability (known as lost wages):
The injured person would have made money through employment if not injured.
As the name suggests, these damages also apply to the loss of income-earning ability.
Suppose the injured party took a lesser-paying job due to their injuries.
The amount recoverable is the difference between wages before the injury and now.
These wages are measured from the time of the injury to the time of settlement or jury decision.
Future wages:
If the injured person could never do the same job they had before the injury, the decrease in pay will be permanent. The injured party may be entitled to the wages they would have earned in the future at the job they had before the injury.
Furthermore, this recovery is for any quantifiable decrease in the injured person’s financial situation due to employment changes.
For Example:
Commissions and bonuses.
Any change in benefits.
Promotion or raises missed due to the injury.
Medical costs:
These costs will be for past and future medical expenses.
Based on the injury, the injured will need future medical attention. Because the costs are the fault of the liable (this is the civil court equivalent of saying “guilty” in a criminal case) party, that party will be held responsible for these costs.
Special Damages (Non-Economic Damages):
These types of injuries are hard to prove. An attorney must specially plead them because they must be more apparent to third parties.
Mental anguish (Emotional distress) (this is the mental effects that came about due to the injury):
The injured party may recover due to past and future mental anguish caused by the injury.
Though this type of injury may be the most devastating, these injuries may not always be recoverable.
The ability to recover from these injuries is very situation specific. It requires a personal injury attorney who knows the law and case law developments.
A competent attorney can fight against insurance companies because insurance companies rarely want to give anything significant for mental anguish.
Pain and suffering:
These types of Damages allow recovery for the injured person for the pain and suffering that the injury caused.
Because this injury is personal, it is often hard for others to understand and believe the pain and suffering the injured person went through or is going through.
Proving the pain and suffering is a sell; either the other side will buy in and believe the injured party, or they will not.
Physical impairment (Loss of enjoyment of life):
This type of Damage may be recoverable if you had an activity you used to do and now can no longer do due to your physical limitations.
Loss of consortium:
Spousal:
If the injury was so severe as to affect your relationship with your spouse, YOUR SPOUSE MIGHT BE ABLE TO RECOVER under this type of Damage. This type of recovery would be from a separate claim filed by your spouse.
Children:
A CHILD COULD SUE SEPARATELY AND CLAIM THIS TYPE OF DAMAGE if their parent’s injury affected the parent’s role in the child’s life.
Disfigurement:
This type of recovery may be allowed when the injury has physically changed your body.
This type of Damage can be for past and future disfigurement.
Any other non-financial harm reasonably associated with the injuries may be recoverable.
Exemplary Damages (Punitive Damages):
To get exemplary Damages, the person looking for these Damages must prove by clear and convincing evidence that the injury is the result of either:
(1) Fraud.
Fraud: Occurs when a person misrepresents something essential to the bargain while knowing the misrepresentation is false, and the person being lied to is justified in their belief of the lie. And the lie caused Damages.
(2) Malice.
Malice: Is a specific intent to inflict substantial harm.
(3) Gross negligence.
Gross negligence: This is an act or omission, which a reasonable person in the wrongdoer’s shoes should have known of the extreme risk due to the probability of significant harm, and the wrongdoer knew of the risk and consciously disregarded the risk.
Unless these Damages are looked for under a statute that authorizes them, then clear and convincing evidence must show the matters and mental state of the statute conditions.
The jury must receive instructions on these Damages and be unanimous in their desire to award such Damages.
Clear and convincing: Proof would impart a “firm belief or conviction” if the evidence was presented to a reasonable person.
Damages for Tortious Interference and Breach of Contract claims that may be possible:
Economic Damages:
Any financial harm that arose due to the interference.
Compensatory Damages:
This damage focuses on putting the non-breaching party in the same position they would have been in had the other party performed.
Expectation Damages:
“Benefits of the Bargain” are Damages focused on giving the harmed party the ability to “substitute performance.” These Damages are meant to provide the non-breaching party the money to find another party to perform.
Reliance Damages:
These Damages are meant to reimburse you for any money spent in reliance on the other party’s performance.
Restitution:
These Damages arise when you give a benefit to the other party. Restitution allows you to get those benefits back or their value.
Consequential Damages:
These Damages are given when the other party should have or did reasonably foresee this type of harm arising from the Breach of Contract.
Some examples of Consequential Damages include:
Liquidated Damages:
Liquidated damages are those agreed to by contract.
Incidental Damages:
Incidental Damages are from the seller’s breach.
Equitable Breach of Contract remedies: These remedies occur because it is fair.
Specific Performance:
Specific performance occurs primarily in real estate transactions.
This occurs when a court orders one party to a contract to perform (follow through on a commitment).
Rescission:
Rescission occurs when the contract is ordered voided due to Fraud, Illegality, or to avoid Unjust Enrichment.
Unjust Enrichment occurs when one party stands to gain without having earned it.
Injunctions:
There are three main types of injunctions: Temporary Restraining Orders, Preliminary Injunctions, and Permanent Injunctions.
An injunction is a court ordering a party to stop doing something.
If the party does not stop, they will be in trouble with the court and jailed.
Reformation:
Reformation is the court adjusting the terms of the contract.
These defenses do not all pertain to Tortious Interference and Breach of Contract claims.
There are many defenses to personal injury and other tort cases, but not all will pertain to every case. For Example:
Consent: The person suing allowed the harm to occur or the actions that led to the injury. The victim can give consent expressly (orally or written) or implied (by actions). Consent has other considerations that can waive the defense based on the circumstances or capacity of the victim.
Absolute privilege: Certain positions allow people to act in a way that would otherwise be an actionable tort (a civil action due to harm) and not be held liable for injury caused.
Qualified privilege: This is like an absolute privilege but is limited in scope. In other words, it is only a protection for certain torts done for a set of particular circumstances.
There are many possible defenses to Tortious Interference and Breach of Contract claims, for Example:
Attack the contract formation:
There must have been a meeting of the minds for a contract to exist.
“Meeting of the minds” is a term of art that conveys that both parties understood their rights and responsibilities under the contract.
Ambiguity: Parties may not have had a meeting of the minds due to ambiguity.
An ambiguous contract is when both parties may have understood the agreement to mean something else. An ambiguous contract may allow for the introduction of parole evidence.
Parole evidence is anything outside of the contract that a party can introduce to aid the court in deciding one party’s reasonable interpretation of the contract.
Fraud:
If you were lied to by the other party or they hid facts from you to get you to sign the contract, you may be able to void the contract due to Fraud.
Duress:
The agreement could be unenforceable if you signed the contract due to a threat against you. If someone seriously pressured you, controlled you, or made you sign a contract, these are all forms of duress that can make a contract void. Duress comes in many forms, so your situation needs to be correctly evaluated to decide if the pressure you may have been under qualifies as duress.
Statute of Frauds:
Contracts do not usually have to be in writing. Still, specific contracts must be in writing to be enforceable, with few exceptions.
Contracts that need to be in writing are:
A promise by an executor or administrator to answer out of the estate for any debt or damage due from his testator or intestate.
A promise by one person to answer for the debt, default, or miscarriage of another person.
An agreement made on consideration of marriage or consideration of nonmarital cohabitation agreement.
A contract for the sale of real estate.
A lease of real estate for a term longer than one year.
An agreement that is not to be performed within one year from the date of the contract.
A promise or agreement to pay a commission for the sale or purchase of:
An agreement, promise, contract, or warranty of cure relating to medical care or results made by a physician or health care provider as defined in Section 74.001, Civil Practice and Remedies Code. This section shall not apply to pharmacists.
Impracticality:
If you cannot fulfill your part of the contract due to things beyond your control, in some cases, you no longer need to complete your end.
Equitable Defenses: These are defense allowed due to fairness.
Impracticality:
If you are unable to fulfill your part of the contract due to things beyond your control, in some cases, you no longer need to complete your end of the contract.
Waiver:
Waiver occurs when the party suing has failed for an unreasonable time to assert their rights, and therefore they have lost their right to assert this power.
Laches:
Laches is an equitable defense used if there was an unreasonable delay in asserting a legal claim and due to the delay, the other party detrimentally relied on the delay and changed their position.
Promissory Estoppel:
Promissory Estoppel is an equitable defense raised when there was a promise given that would reasonably induce reliance, and the other party relied on that promise to their detriment.
Equitable Estoppel:
Equitable Estoppel is an equitable defense raised when specific information was kept from one party, knowing that the lack of knowledge would cause the ignorant party to act to their detriment.
Failure of Consideration is an equitable defense that occurs when the plaintiff was supposed to fulfill a substantial condition before the defendant’s performance, and the condition was not done.
Unclean Hands:
Unclean Hands is an equitable defense that prevents a party from pursuing specific performance due to a wrongdoing they did involving the subject matter of the same suit.
How to deal with insurance companies:
People get insurance to cover harm caused to others and themselves, and we all usually have insurance.
Most of us have the impression that insurance companies are in business to help when unexpected expenses arise or tragedies happen, but that is not the purpose of insurance companies.
The purpose of insurance companies is to make money, like any other business.
So, the less money the insurance pays out, the more money they make. That is only common sense.
No matter how nice the person representing the insurance company is, or if you have already dealt with the insurance company and think they are the exception and care for their clients. The insurance company’s primary goal is to find a way not to pay your claim, with few exceptions.
Some insurance companies rely on scare tactics and threats to make you think you must settle or force you to pay out of pocket.
Follow these rules when dealing with insurance companies:
Calling an attorney is always possible, even if you have already talked to an insurance company.
Attorneys are legally obligated to put your interest above all else in matters involving you.
Insurance representatives who are contacting you are professional negotiators.
The above information is just part of the puzzle. A competent attorney must consider all this and more when fighting for your interests in the Entertainment Arena.
You have worked hard and sacrificed to get where you are now, so you need to hire an Entertainment Attorney to protect your rights and property.
We at this firm will serve you how we want someone to advocate for our family.
Talented people in need of Entertainment Attorneys often give eternal gifts to the world that can be life-changing.
So Keep Shining, And Let Us Do The Rest.
This Firm Will Be Your Champion And Fight For Your Family’s Honor.
We Will Get It Done.
Let This Firm Be Your Champion.
We stand ready to serve you, and fight to defend your Family’s Honor.
We Will Get It Done.
A San Antonio, Texas, Born and Based Law Firm
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