Mark A. Baker

A 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)

1982

University of Alabama School of Law

B.A. (1979) | English Literature

1979

Mark A. Baker Law, LLC

2013 - Current

Managing Partner, Bankruptcy Department

Johnson & Freedman, L.L.C., Atlanta, GA

2002 - 2013

Associate Attorney, Manager, Bankruptcy and Foreclosure Departments

Law Offices of Mark Weber, P.C., Atlanta, GA

1991 - 1993

Associate Attorney

Gingold, Kaufman & Chaiken, Atlanta, GA

1987 - 1991

Associate Attorney

Schwall, Ruff & Goodman, Atlanta, GA

1985 - 1987

Judicial Law Clerk

Honorable L. Chandler Watson, Jr., U.S. Bankruptcy Judge for the Northern District of Alabama

1983 - 1985

Staff Attorney

Legal Services Corporation of Alabama, Anniston, AL

1982 - 1983

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

2007 - Current

North Carolina State Bar

Member

2004 - Current

Georgia State Bar

Member

1985 - Current

Atlanta Bar Association

Member

1985 - Current

Alabama State Bar

Member

1982 - Current

Alabama

Georgia

North Carolina

Tennessee

4th Circuit

• 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

Q. An illustrator is interested in purchasing a license to my photograph for reference purposes, how does this work?

March 27, 2018

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.

March 13, 2018

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

February 7, 2018

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.