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Table of Contents
Rockin' all the way to the bank HOW A RECORD MAKES MONEY by Vincent D. Paragano, Esq. Living Wills: A Matter of Life and Death by Terri Roth Reicher, Esq. You're Not Kids Anymore in the Eyes of the Law by Jodi Miller Judge For Yourself...The State v. Bradley by Carol A. Force Environmental Laws Protect Children by Joseph Olivieri, Esq. Getting to Know Deborah Poritz, New Jersey's Supreme Court Chief Justice Child Custody - A Family Tug-of-War by Robert S. Baumol, Esq Glossary Word Search Rockin' all the way to the bank
HOW A RECORD MAKES MONEY by Vincent D. Paragano, Esq. Every day artists like Madonna, REM, Janet Jackson or the artist formerly known as Prince sign multimillion dollar recording deals Did you ever wonder how the record companies make the money to pay these performers? Record Sales The most obvious source of revenue for a recording is record sales. Every time a compact disc or tape is bought, a portion of the money you spend goes to the performer. Another portion goes to the record company, and a portion also goes to the writers and publishers of the music. Oftentimes, recording artists make 10 to 15 percent of the retail price of the CD as their royalty or payment. In addition, money from sales is used to repay the record company for the cost of producing the record. This is called recoupment. The recording artist may have to reimburse the record company for advertising, packaging and other hidden costs to put their record on the shelves of your local record store. Others who have helped to create the record like the producers, engineers, musicians or background singers also may earn a small percentage of the monies from record sales. Songwriter Royalties The person or persons who actually write the songs also make money from each record sale. These royalties are called mechanical royalties. The mechanical royalty rate is set by the United States Congress and has been updated only a few times over the past century. The current rate is four and a half cents per song. Whether the song is the longest, shortest or even the most popular on the album, each song makes a certain amount of money for the writer of the song. Performance Royalties Getting played on the radio, however, does allow the songwriter to make more money. Every time a song is performed, whether live, on the radio or on television, the writer of the song is entitled to performance royalties. Performers, radio and television stations pay the royalties for the right to perform the song to a commercial audience because the writer has the ownership or copyright of the song. Since it is impossible for every writer to contact each band or each radio station to grant permission to perform the song, the writer joins a performance rights society. Two examples are the American Society of Composers, Artists and Publishers (ASCAP) and Broadcast Music, Inc. (BMI). The society, which the writer belongs to, would obtain an agreement from the writer to act as the writer's licensing agent. The society would then enter into agreements with hundreds of radio stations, stadiums and television outlets throughout the country and in many cases the world, to permit the performance of all the music for which that society acts as an agent. After the performance rights societies have collected all of these royalties, they take an administrative charge off the top and then divide up the balance of the money, according to how many times the song has been played or performed, among all of the artists that are part of their societies. If anyone tried to use a writer's song on another record or played the music on radio or television without paying a royalty to the performance rights society, this would be a violation of the writer's copyright and is called copyright infringement. Because songwriters get both mechanical and performance royalties, they often make more money than the performers. Bruce Springsteen's song "Fire" was re-done by the Pointer Sisters and many other artists. Each time these artists put the song on their records, Springsteen, as the songwriter received the mechanical royalties. Every time the song plays on the radio or is performed live by anyone, he also receives a performance royalty. Unlike the songwriter, the performer only receives royalties from the sale of the records. Once the record stops selling, the performer stops making money The writer's royalties, however can go on forever. The next time you go to a record store to buy a CD, check the back cover to see who are the performers, writers, and publishers and you'll see where your money is going. Vincent D. Paragano is a music attorney licensed to practice law in New Jersey, New York and the District of Columbia. His clients have included members of the rock bands Deep Purple, White Snake, Night Hanger, Meatloaf, Southside Johnny and the Asbury Jukes and Bruce Springsteen and the E Street Band. Living Wills: A Matter of Life and Death
by Terri Roth Reicher, Esq. What do Jacqueline Kennedy Onassis and former President Richard M. Nixon have in common? When they died they both had a legal document called an advance directive, which is commonly known as a living will. This document is not just for the rich and famous or senior citizens, but for any adult over the age of 18. An advance directive provides instructions about a patient's future medical care, in the event that the patient becomes unable to speak for himself. Today, before an adult is admitted to the hospital or undergoes any medical procedure, the patient will be asked whether he or she has an advance directive. The Right-to-Die Movement Twenty years ago, with the development of medical technology the right-to-die movement began and the field of bioethics was born. Today, doctors are able to keep patients "alive" by the use of modern machines and medication such as ventilators, which breathe for patients, feeding tubes, which provide nourishment for those who are not able to eat, and sophisticated antibiotics, which can prolong a life even if they cannot cure a disease. The study of bioethics helps to answer the moral questions raised by these advances in science and medicine. One of the leading court decisions the right to die movement occurred in New Jersey and involved Karen Ann Quinlan, a comatose young adult who needed life support to survive after a drug and alcohol overdose. In 1975, the Quinlans sued for the right to remove her from life support, which brought the "right-to-die-with-dignity" issue to the forefront. Since then, countless Americans have taken steps to control how they die. Another landmark case, which went to the U.S. Supreme Court, involved Nancy Cruzan, a young woman who was in a vegetative state due to a car accident and kept alive by a feeding tube. The Cruzans had to prove to the court that their daughter would not have wanted to live this way. Through the Cruzan's struggle, Americans gained the right to plan for end-of-life decision- making. The Supreme Court said that all adults have a fundamental right to participate in their end-of-life decision-making, if they so desire. This right is like the right to vote. To exercise this right you must show clear and convincing evidence of your feelings about the use of machines to prolong your life. The way to show such evidence is to fill out a living will. In this document, a person's feelings can be expressed in the form of refusing medical treatment or requesting it. Living Wills in New Jersey In the 1990's, laws were enacted to deal with some of these difficult decisions. Congress created the Patient Self-Determination Act, which requires hospitals to inform patients of their right to complete an advance directive. New Jersey passed its advance directive law in 1992. The law outlines the nuts and bolts of a valid living will. The state of New Jersey recognizes: 1. an instructive directive (living will) which states a patient's directions regarding life sustaining treatments that he or she wants or does not want; 2. a proxy directive, also called durable power of attorney for health care, names a person to act as a patient's health care agent, which is the person that a doctor would turn to if the patient cannot speak for himself; and 3. a combined directive which does both of the above-states a patient's medical preference and appoints a person to speak on his or her behalf. Unlike many other states, New Jersey does not have one approved form for use in writing a living will. Valid Forms can be obtained from your local hospital, clergy or a lawyer, although you do not need a lawyer to obtain a living will. If you, your parents or your teachers would like more information on this topic, a good source of information is an organization called Choice in Dying, at 200 Varick Street, New York, NY 10014-4810 or 1-800-989-WILL. Terri Roth Reicher is in private practice and is the attorney for the Chilton Memorial Hospital Bioethics Committee. You're Not Kids Anymore in the Eyes of the Law
by Jodi Miller If you think the law will give you a break because you are a kid, think again. New Jersey takes juvenile crimes seriously and gives stiff penalties to kids who break the law. "In New Jersey overall there is a policy which favors more serious punishment for juveniles and an increased focus in treating these offenders as adults, " said Boris Moczula, First Assistant Prosecutor in Paterson. A juvenile must be at least 14 years of age to be treated as an adult in the criminal justice system. At the discretion of the judge, specific types of offenses including homicide, robbery, aggravated assault, arson or unlawful possession of a firearm are all crimes that could mean adult court and adult punishment for juveniles. The process of trying a juvenile as an adult begins with a prosecutor requesting the family court to waive its jurisdiction and permit the juvenile to be prosecuted in the criminal court. A family court judge would then determine whether there is probable cause to believe that the juvenile committed the act in an "aggressive, violent and willful manner." Juvenile criminal behavior usually starts with minor crimes, such as shoplifting, and can sometimes develop into more violent crime. Some authorities believe that if the courts link stiffer penalties to minor offenses, juvenile crime can be stopped before it has a chance to turn violent. Causes attributed to juvenile delinquency range from poor adult supervision to the influence of media on kids today In an effort to combat juvenile crime, many communities are instituting programs such as youth centers, to get kids off the streets and into more constructive activities. One example is Youth Works, a program which involves at-risk kids in repairing homes for the poor after school. In addition to teaching a valuable skill, the overall focus of Youth Works is preventing juvenile delinquency. According to Michael O'Shea, Chief Prosecutor for the Family Section in Paterson, the court recognizes an at-risk youth as a juvenile who lives in a high-crime neighborhood and comes from a home in which there is drug abuse, unemployment or domestic violence. In the case of repeat juvenile offenders of petty crimes, the court takes into consideration when making its ruling the type of supervision the child has received and his or her home environment. "The court would recognize that one youth had less of an opportunity than another youth and would not want to give up on the child," O'Shea said. However, any repeat juvenile offender, O'Shea emphasized, runs the risk of incarceration. The juvenile justice system is changing and in some aspects becoming tougher. Unlike a few years ago, juvenile records are now open to the public and the names of minors involved in criminal activity are allowed to be printed in the newspaper. "The confidentiality of juvenile records is being eroded," said O'Shea. "The Legislature and the courts are taking confidentiality away in order to protect the public from crime." A juvenile record is with you for the rest of your life. You may petition to have your record expunged after five years with no violations. However, you could be required to disclose the information to a prospective college or employer if asked. O'Shea said, "Even expunged records could destroy an individual's chance to have a career in law enforcement, the judiciary, national defense or other areas of public safety." With juvenile delinquency, prevention is the key. Prison only deals with the problem after the crime has been committed and the juvenile has potentially ruined his or her chances for future success. That is why many believe programs like Youth Works are so important. Judge For Yourself...The State v. Bradley
by Carol A. Force On November 3rd, the night custodian of Riverdale Middle School discovered that many of the lockers in the 300 wing of the school had been sprayed with red spray paint. The custodian reported this to the principal the next day. He also said that he had seen five boys leaving the gym and walking towards the 300 wing. He said it was difficult to identify the boys because they were all tall and wearing school jackets. The school's basketball team was questioned because a basketball practice had been held the previous afternoon. All five students said that they had seen Charles Bradley walking in that area with cans of spray paint in his hands. They also said that when Charles saw them, he ducked down another hall to avoid them. They stated that they left the building immediately for fear of being accused of the vandalism. Elaine Smith, a teacher who stayed late to grade papers, stated that she left at about 4:15 p.m. and saw Charles Bradley walking toward his locker. She stated that she knew Charles because he was a former student and tended to give her a hard time. His hands were full of books and cans when he rushed by her, he said "Hi!" Mrs. Smith got to her car and realized that she had forgotten her purse. She went back in the school through the 300 wing and noticed that the lockers had been spray painted. When Charles was interviewed, he denied spraying the lockers. He said that he had the spray paint for a crafts class he was taking and that he avoided the boys in the hall because he was currently dating an ex-girlfriend of one of the boys and didn't want any trouble. It was observed that Charles had red spray paint on both his hands and sneakers. The police were called and Charles was arrested for vandalism. A student in the intramural craft class, Mary Adams, came forward and related that the class ended around 4:10 p.m. and that Charles left alone to put the spray paint in his locker. He said he was in a hurry because he was late. THE LAW: Since Charles is a juvenile, this case would be heard in juvenile court, or in an out-of-court setting such as mediation. If found guilty in a juvenile court, the sentence would depend on Charles' prior record, if he has one. He would most likely be ordered to pay compensation for the damages and be directed to perform community service for a specific period of time. Keep in mind that the prosecution must prove that Charles Bradley is guilty beyond a reasonable doubt. WHAT DO YOU THINK? Did Charles have time to vandalize the lockers given the time line in question? Which witnesses are credible? Mary Adams? The teacher? The basketball players? Charles Bradley? Could any of the witnesses be lying? Is the evidence against Bradley circumstantial or direct proof? You he the judge. Environmental Laws Protect Children
by Joseph Olivieri, Esq. According to recent newspaper reports, scientific research has showed that children in Toms River, New Jersey have suffered a rate of brain and central nervous system cancer that is three times higher than the national average. Because of this, scientists have been assigned to identity possible causes. There are two toxic waste sites in the Toms River area. One of the causes being considered for the high rate of cancer is the children's possible exposure to toxic chemicals. Toxic waste and contamination are issues governed by environmental laws, which can sometimes be very complicated. There are two primary objectives of environmental law- to ensure that people who have been injured by the fault of another are compensated and to prevent the injuries from happening in the first place. In the Toms River case, there has been no proof, as yet, that toxic chemicals led to the children's cancers; however one of the sites in Toms River does contain residues from the manufacture of dyes and resins, which have been known to cause cancer. Environmental laws attempt to protect children and others from possible harm caused by these chemicals. Under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), also known as the Superfund Law, which was passed by Congress in 1980, the company which produces toxic waste is responsible for cleaning it up. In addition, Congress has passed laws to limit the dumping of wastes and to assure that drinking water is safe. However, just passing a law that says that something should be done correctly is usually not enough to ensure that it is. That is why environmental laws usually contain enforcement provisions permitting the government or private citizens to sue those who violate the law. In addition, environmental laws can also result in criminal prosecutions. Environmental crimes can include toxic waste dumping, improper labeling of waste containers and shipping waste in improper containers. The company's officers can also face criminal charges if the company gives misleading information on a permit application or does not comply with the permits it has. If anyone, from a company's workers to its owners, intentionally ignores an environmental requirement or law, he or she can go to jail. The bad publicity these trials often generate can deter others from violating environmental laws. It is important to know whether environmental laws are successful in reducing the amount of toxic waste that already exists, preventing more toxic waste from being dumped or reducing the amount of disease resulting from toxic waste. Environmental laws usually provide that studies be done to evaluate their effectiveness. Legislators hope that studies, like those being done in Toms River will provide important information that can be used to prevent environmentally related cancers and other diseases from occurring. Joseph Olivieri is an attorney and a vice president in the research group of Hay/Huggins Company in Philadelphia. >Getting to Know Deborah Poritz, New Jersey's Supreme Court Chief Justice Sandra Haftel's former 7th grade class at Brookside Middle School in Allendale was enlisted by The Legal Eagle to develop questions for Chief Justice Deborah T. Poritz, who made history when she was appointed New Jersey's first female chief justice in July of last year. A Former teacher, Chief Justice Poritz admits that her job is hard, but says she wanted the position because, "being Chief Justice is a challenging job that allows me to make a difference." Among other things, The Legal Eagle learned that the Chief Justice did very well in school. She likes to spend her free time swimming, reading good fiction and going for walks. Her favorite food is lobster. Following is a sampling of the questions asked by our Brookside "reporters." How does it feel to be the first woman Chief Justice of the New Jersey Supreme Court? Chief Justice: As the first woman Chief Justice, I know that other women see me as a role model. I am delighted if that means that young women know that the barriers are coming down and that they can do anything they want to if they work hard to reach their goals Do you think that being Chief Justice would be any different if you were a male? Why? CJ:In most ways, no. The big difference, as I said, is that as the first to do anything, you are a role model. Are you proud to be the first woman Chief Justice? CJ: Yes. I do hope that soon so many women will hold high positions that it will not be unusual at all. Did you have any second thoughts about accepting the position of Chief Justice? CJ: The position of Chief Justice requires many hours of work each day and on weekends. Sometimes that's difficult because I have grandchildren and I would like to spend more time with them. However, it is a wonderful challenging job that would have been very hard to turn down. What exactly does the Chief Justice do? CJ: The Chief Justice is the head of the court system in New Jersey and gets involved in things like the budget for the courts and who is the chief judge in each courthouse. The Chief Justice is also a judge and decides individual cases with the other six justices of our state's Supreme Court. What goals do you have for the future? CJ: I want to do my job well. As a judge, I would like people to read my opinions and, whether they agree with me or not, feel that I have been fair and impartial. As the chief administrator of the courts, my goal is to help the New Jersey courts continue to be among the best in the nation. What was your hardest case and why? CJ: My hardest case was about water pollution. There was a lot of complicated scientific testimony and disagreement about how bad the pollution was and who had to clean it up. Of the many years you have been in the law, have you regretted the results of any case?Of the many years you have been in the law, have you regretted the results of any case? There have been times when I disagreed with rulings made by judges. I know that there are people who disagree with the rulings of the Supreme Court. What is important, though, is that judges rule impartially and fairly What do you think of the O.J. trial? CJ: I do not think I should comment about a particular trial. I do think that the O.J. trial provided some interesting lessons on the use of highly technical, scientific evidence like DNA testing. What made you change your profession and go into the law? CJ: When I First moved to New Jersey my children were little and I stayed at home to take care of them. When I thought about going back to work I realized that I wanted to be a lawyer What kind of work did you do as Attorney General? CJ: As Attorney General, I was the chief law enforcement officer of the State of New Jersey, and I was involved in many criminal cases. I also helped to advise the departments of state government and the Governor about legal matters. Do you intend to keep this position until the retirement age? CJ: Under our laws, after seven years, the Governor has to decide whether to renominate me, and the Senate has to decide whether to reconfirm me for my job. It they do, I would like to stay until retirement age. Child Custody - A Family Tug-of-War
by Robert S. Baumol, Esq. Consider this scenario. Mary comes home from school one afternoon, looking forward to hanging out and watching TV. She's in a good mood until she opens the door and is greeted by her mother, who says, "We need to talk." Mary's father, who is usually at work, is sitting at the kitchen table. Her fears are confirmed when she hears these words. "Your father and I have decided to get a divorce." I never thought this would happen to me When divorce hits a family, no matter how old the kids are, like Mary, their entire world feels as if it's about to fall apart. But divorce doesn't terminate Mary's parent's legal obligation to take care of her, both emotionally and financially. One of the issues to be decided in a divorce is where Mary will live, and what arrangements will be made for her to see both parents. If her parents disagree about where she is going to live - this is called a child custody dispute. In the best interests of the child In deciding child custody cases, judges must ask themselves, "What is in the best interests of the child?" This means what the judge thinks would be best for Mary, not what one parent wants or even what Mary wants. Judges are guided by the principle that a parent's relationship with his or her child is extremely important. Some of the factors a judge might consider are:
The initial phase of a custody is called temporary custody and covers the period from the time the case is filed until the case is settled by the parents or decided by a judge. When the case is settled, the issue of permanent custody is decided. Permanent custody is based on an agreement reached by the parents or a decision by the judge, after conducting a hearing. This decision will remain unless something substantial happens, at which time either parent, or Mary, can ask for a change in custody. A permanent custody arrangement can be changed if there is a substantial change in circumstances. For instance, if one of Mary's parents becomes an alcoholic, starts abusing her, or wants to move to Japan, an application can be made to the courts to change custody by anyone involved in the case. Regardless of which parent is awarded custody, the other parent is entitled to visitation, which is the right to spend time with Mary. Visitation is worked out as part of the custody agreement, and can mean that Mary spends weekends with her other parent. If Mary's relationship with both parents is good and they are able to cooperate despite the divorce, then the parents could enter into a joint custody agreement. This arrangement would allow Mary to preserve a close relationship with both parents. Under this arrangement, she would spend certain nights of the week with her mom and the others with her dad. The judge would base a decision in a joint custody request on the child's age and maturity and the closeness of both households. Some practical advice Many studies have demonstrated that children can feel the effects of divorce 20 years later. Custody cases can last for as long as two to three years, though they can be resolved earlier. This can feel like a lifetime to a child. If you are now in the middle or your parents' divorce, or find yourself there sometime in the future, you may find it hard to talk to your parents about what you are feeling. While it is extremely important to keep your parents informed of your needs, you must have other people to turn to, like a friend, teacher or another family member If you don't speak up, you will get lost in the shuffle. If you tell people how you really feel, there is a better chance that the judge or your parents will listen. Robert S. Baumol is an attorney in private practice with offices in Hackensack and Teaneck. Glossary
advance directive or living will - a document containing your written instructions about your future medical care in the event you become unable to speak for yourself. at-risk - in terms of juvenile delinquency, a child who lives in a high-crime area and comes from a home in which there is drug abuse, unemployment or domestic violence. bioethics - the study of philosophy, law and health planning. It deals with the complex moral questions that grow out of changes in health care, science and medicine. child custody dispute - when divorcing parents disagree about where their child or children will live. copyright infringement - using a song or any copyrighted material without the author's permission. enforcement provisions - are placed in laws so that the government or private citizens are permitted to take action against those who violate the law. expunged - to have erased. (ie: your juvenile record.) incarceration - to be put in prison. joint custody agreement - an arrangement in a divorce where the child lives part-time with both parents and both parents share equally in the responsibility of raising the child. mechanical royalty - a rate, set by the U.S. Congress, which is paid to the person or persons who write a song. performance royalty - royalty paid to the writer or owner of a song for the right to perform the song to a commercial audience. permanent custody - an agreement in a divorce which determines where the child or children of a divorce will live permanently. This agreement is reached by the judge in a divorce settlement. petty crimes - non-violent crimes such as shoplifting, vandalism, etc., also called disorderly persons offenses. proxy directive - a document that lets you appoint someone you trust to make decisions about your medical care if you cannot make those decisions yourself. royalty - percentage or payment paid to a songwriter or author for his or her work. substantial change in circumstances - in a divorce, the court will consider an application to change permanent custody (defined above) if this can be proven. Superfund Law - a law, passed in 1980, which says that the company which produces toxic waste is responsible for its clean up. temporary custody - in a divorce, where a child will live during the period from when a divorce is filed, until the case is settled. toxic waste - waste which contains harmful contaminants, such as the residue from the manufacture of dyes. visitation - the right of a divorced parent to spend time with his or her child.
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