Canadian Lawyer

26 J A N U A R Y 2 0 1 9 w w w . c a n a d i a n l a w y e r m a g . c o m "You get someone like Bruce Springsteen. His first two albums were commercial failures even though the label invested a lot of money in the recording and marketing of them," Dahl says. "But they didn't hit and then the third album 'Born to Run' was the breakthrough and made him a megastar. He's had a 40-year career since, whereas now, I don't know if a modern Bruce Springsteen, if he came along in 2018, I'm not sure if you'd get that chance." The inherent power imbalance in these negotiations plus a naïve recklessness of someone chasing their lifelong dream, both in Springsteen's time and now, can lead to exploited artists and bad deals. Dahl writes that the artist's side of the coin is easily definable — a percentage of revenue from touring, for example — while the label's obligations, such as "promotional support," are more difficult to quantify and labels can get away with short-changing artists. That may be why Dahl devotes time to SaskMusic's legal ser- vice program, where members annually get two free hours of legal advice. It is valuable because artists assume they can't afford a law- yer, then sign a bad deal. "There still are snakes in the music biz," he says. "So many con- tracts that I see artists sign in the music biz would never fly in the 'normal' business world." Dangling the carrot in front of young artists are artist develop- ers. Dahl says these new entities are popping up and promising, for a fee, to develop an artist's career and take them to the next level. "Some of them are good, but many of them are just horrible," he says. "And they'll take $1,000 a month; they'll take $3,000 a month. And they'll just do nothing for you. "I've stopped many clients from signing really bad deals." Advocating for artists could be more pressing than ever with the pittance compensated by streaming sites such as Spotify and Apple Music. While the artist makes fractions of a penny when their song is streamed, Dahl says the ones making the money are tech com- panies providing the streaming services and the telecoms charging customers for their data plans. "If you have a million streams and you make a couple hun- dred dollars, something's off there in the value proposition," he says. He offers another music-business prediction in suggesting that a "battle of the titans" is on the horizon over which of the two massive interests — the telecoms and the streaming com- panies — is going to have to ante up and pay artists more for their music. Whoever pays, Dahl's focus is often getting artists to ensure they get paid and sign a fair deal. The lesson, he says, is learned from haggling with street merchants and dating. If you walk away, the price goes down. If you're at the bar, desperate to find the love of your life, you're probably not going to find them, while if you're confident and authentic, what you desire is drawn to you. "It is often a David-and-Goliath situation, but I often also say to my clients, like, we don't have to take this deal," he says. "If you don't need something, you become far more appealing." C R O S S E X A M I N E D © 2018 Thomson Reuters Canada Limited 00254GM-93895-NP Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # L7798-8667-65203 $110 Softcover October 2018 approx. 180 pages 978-0-7798-8667-8 Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. For almost 30 years, litigators have relied on Witness Preparation: A Practical Guide to learn the principles and get proven, real-world strategies. Concise and highly readable, the new fourth edition of this classic guides you through every step of choosing, interviewing, and preparing witnesses. You'll find proven tips for witness preparation, along with insight into significant developments in electronic discovery, the law of child witnesses and witnesses under a disability, and the law of conflicts of interest and privilege. Find extensive discussion, relevant legislative and jurisprudential updates, on: • Interviewing prospective witnesses • The decision to call a witness • Preparation for examination-in-chief • Preparation for cross-examination • Evidence and trial procedure • Preparation for examination for discovery • Preparing experts • Preparing child witnesses • Preparing adults with mental disabilities • Witness preparation and professional responsibility New Edition Witness Preparation: A Practical Guide, Fourth Edition Bryan Finlay, Q.C., The Honourable Thomas A. Cromwell, C.C., and Nikiforos Iatrou

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