
Mark A. Baker
Mark A. Baker Law, LLCA lawyer for over 30 years, Mark's extensive legal background representing large corporate entities and artists both established and emerging, as well as his work as a gigging musician, make him equally comfortable navigating the halls of Corporate America and the mustiest of music halls. Licensed to practice law in all the federal and state courts of Georgia, Tennessee, North Carolina and Alabama, as well as the Fourth Circuit Court of Appeals, Mark is an alumnus of the University of Alabama (B.A.) and Cumberland School of Law (J.D.), and served two years as judicial law clerk to a federal judge. In addition to representing artists, Mark has represented many of the country’s largest financial institutions, most recently as a partner at Johnson & Freedman, LLC, a mid-size firm serving clients in Atlanta, Georgia. In 2016, he married a professor of art at Florida State University and moved to Tallahassee, where he continues to represent clients nationwide (in matters of federal law, such as trademark and copyright) within his principal practice areas.
- Cumberland School of Law, Samford University
- J.D. (1982)
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- University of Alabama School of Law
- B.A. (1979) | English Literature
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- Mark A. Baker Law, LLC
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- Managing Partner, Bankruptcy Department
- Johnson & Freedman, L.L.C., Atlanta, GA
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- Associate Attorney, Manager, Bankruptcy and Foreclosure Departments
- Law Offices of Mark Weber, P.C., Atlanta, GA
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- Associate Attorney
- Gingold, Kaufman & Chaiken, Atlanta, GA
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- Associate Attorney
- Schwall, Ruff & Goodman, Atlanta, GA
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- Judicial Law Clerk
- Honorable L. Chandler Watson, Jr., U.S. Bankruptcy Judge for the Northern District of Alabama
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- Staff Attorney
- Legal Services Corporation of Alabama, Anniston, AL
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- David Bowie: Star Man
- Paste Magazine
- Elvis Costello: My Aim Is True
- Paste Magazine
- Eyemazing: The New Collectible Photography
- Paste Magazine
- King of Queens by George O'Dowd
- Paste Magazine
- Quit Your Job
- Esquire Magazine
- Chapter 7 and 13 Bankruptcy practice
- WGUN?AM Radio, CBS Affiliate
- Careers in Entertainment Law
- Emory Law School
- Debtor/Creditor Law, Continuing Legal Education
- Georgia State University, College of Law
- Music & the Law
- Emory Law School
- Panel Participant
- Copyright for Artists
- Atlanta Volunteer Lawyers for the Arts
- Tennessee State Bar
- Member
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- North Carolina State Bar
- Member
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- Georgia State Bar
- Member
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- Atlanta Bar Association
- Member
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- Alabama State Bar
- Member
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- Alabama
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- Georgia
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- North Carolina
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- Tennessee
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- 4th Circuit
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Free Consultation
Free initial consultation of approximately 30 minutes. -
Contingent Fees
I occasionally enter contingent fee arrangements, depending upon the subject matter. -
Rates, Retainers and Additional Information
I also perform certain services for a flat fee, such as routine contract preparation and review, copyright and trademark registrations, and corporate formations.
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Entertainment & Sports Law
- Intellectual Property
- English: Spoken, Written
- French: Written
- Q. An illustrator is interested in purchasing a license to my photograph for reference purposes, how does this work?
- A: As the creator of the work, and therefore the owner of the copyright (assuming you have not otherwise transferred the copyright or made the work as a work-for-hire), you have the exclusive right, among other rights, to create derivative works. An illustrator who creates illustrations from your original (copyrighted) work is creating a derivative work (subject to issues regarding "fair use," which I will not discuss here), and it's up to you whether, and under what terms, to permit this use. If you are interested in allowing the illustrator to use your work for the purpose of making derivative works, consider the following possible licensing arrangements: - a written licensing agreement, describing the permitted use, with a one-time licensing fee that will pay you in full for the illustrator's uses. The downside is that if the illustration(s) makes significant money, you won't be entitled to any additional sums; on the other hand, if the illustration(s) doesn't make any money, then at least you were paid for the use. - a written licensing agreement, describing the permitted use, with a royalty-only scheme, such as 30% of gross sales. In this context, if the illustration(s) doesn't sell, you won't see any money. - a written licensing agreement, describing the permitted use, with a hybrid financial arrangement: upfront fee (maybe a small sum) plus a royalty payment, such as 30-40% of gross sales. In this context, if the illustration(s) doesn't sell, at least you got some upfront money. If you want to license the work, try to determine how badly the illustrator wants it, and what his financial wherewithal is - this can allow you determine the best option that works for you and the illustrator and allows you to set a fair fee for you work. Bear in mind the difficulty in determining exactly what sales or other income illustrator has on account of the illustrations - this means it may be difficult to determine whether there have been sales, and what you are owed. Any license agreement that is based upon a royalty should also have provisions requiring the illustrator to account to you periodically for sales/royalties.
- Q. copyright a song - to record the song on a cassette, mail it to yourself, make sure it's never opened or seal broken.
- A: You have described a "poor man's copyright." It's worth about as much as the piece of paper it's written on, but not after you add postage. Under U.S. law, a copyright comes into existence the moment the original idea is "fixed in a tangible medium" - when you record the original song on a cassette tape, you have fixed it in a tangible medium. However, under U.S. law, the only way to enforce the copyright is through the federal courts, and that requires registration of the copyright with the Copyright Office. So why not spend the $55 filing fee (for which you may register as many tracks as you please, provided they have common authorship) and have the peace of mind that you can deal with any infringement through the courts. By the way - if you wait to register until after you learn of an infringement, you may be giving up important rights to claim certain damages.
- Q. I filed for Ch. 7 in the middle of a month. At the beginning of that month, I got a $2000/year raise, but filed
- A: I agree with your attorney's assessment, assuming, of course, that you make this disclosure at the 341 meeting. Following the meeting, there may be other matters to address by amendment, so it makes sense to address them all in a single amendment.