Jason Berger, the Philadelphia-based and award-winning Entertainment Lawyer of Lewis Brisbois Bisgaard & Smith LLP, shares the secrets of his rise to success.
Most industries are always evolving, as new technology and trends change the landscape. This is especially true of Entertainment and Media, where the regulatory and financial aspects can lack clarity. Jason Berger is a seasoned player in the legal space of these industries and as a Partner of leading law firm Lewis Brisbois Bisgaard & Smith LLP, can speak with insight and experience in this area.
“At the beginning of my career, I was focused on having a wide spread of clients including music producers and engineers as well as the music artists themselves,” Berger says. “Many law practices start with one ‘big name’ client and build from there but we started from the ground up with a pretty large group that meant we really dug in and understood the issues that were primarily important to music producers and engineers (e.g. music publishing).
“The higher the level, the more in-depth contracts and agreements get. Most people are aware of royalties,” Berger continues, “But a lot of folks wouldn’t understand the distinction between a mechanical royalty, a performance royalty, and a master royalty. Reading the fine print is essential to understand the terms of any contract presented to a creative person. The landscape is always evolving in a variety of different ways, so we do our best to stay ahead of it.”
Recipient of multiple awards (Pennsylvania Super Lawyers, 2019-2023 and Pennsylvania Rising Stars, 2008, 2013-2018), Berger is also an advocate for positive changes to the legislative landscape, having previously served on the Board of Governors of the Philadelphia Chapter of the Recording Academy and co-chaired the Chapter’s Advocacy Committee. Here he shares three tips that have contributed to his success:
- Treat Clients as Family
“You don’t find a lot of people like me that are lawyers. I am present behind the scenes, getting to know my clients with a practical approach so I have a deep understanding of the day-to-day trials and tribulations of facing a creative. I might be in the studio with them one day or traveling to Miami to close a deal or record or backstage at events. I take everything that I’ve learned and add value where I can to their career.”
“That’s atypical for lawyers, most of whom are in the office focusing on the phone calls, emails, and paperwork. That’s crucial too but getting involved in all aspects of a creative’s career is what I feel makes us special and sets us apart. It’s why we have such fantastic relationships with our clients, most of whom we consider close friends or even family now. The atmosphere of trust and open communication makes a big difference when working together.”
- Invest in Others’ Careers
“I have always been investing in relationships, specifically younger super talented future executives. I meet different talent across the industry all the time and when I see the spark of potential, I go out of my way to help them look like rock stars to their bosses and really ‘invest’ in the relationship. For example, if I have a top producer who’s charging $30,000 per record and I can get that cleared for $5,000, that allows the future executive to look like a hero in his building.”
“I find that everything you put out (or ‘invest’) there comes back around threefold. I started doing it because I am just naturally that type of person and it’s how I like to do business, but then I realized the results are astronomical so I have become more intentional with it over the last five years. There are people 15 or 20 years younger than me who now are helping me because I helped them years ago. It’s the human connection that means so much in this role.”
- Go Above and Beyond
“The music industry can attract a variety of types of people and I pride ourselves on doing great business in a thoughtful, respectful, and professional way. I am always accessible to our clients, which goes a long way because their experience of other lawyers is hard to pin down or generally being very unreachable.”
“It sounds crazy but simple courtesies are regularly forgotten or maybe ignored nowadays. Things like treating people how you would want to be treated and returning phone calls even if you don’t have good news or an immediate answer are easy acts to create a level of professionalism. We take a hands-on approach for our talent so we are always there for whatever they or anyone who may want or need to do business with them need.”
The amazing thing about having someone like Berger in your corner is having backup in an industry that is notoriously challenging to navigate, especially financially. “There needs to be a better system in place to hold everyone accountable as it can be very hard for talent across the board to get paid on time,” he says.
“It is easy to get lost in the mix in the regular course of clearing music and getting paid advances and royalties. Even bright, creative people are not getting paid on time because they don’t have someone like us who knows which hoops to jump through and how to navigate the ever-changing landscape,” he concludes.
To explore how Lewis Brisbois Bisgaard & Smith LLP can help you protect your work, check out their website. To get in touch with Jason Berger, connect with him on Instagram and LinkedIn.