Musicians
If you’re in the music business, you may be involved in recording, publishing, licensing, performing, concert promotion, merchandising, and/or talent management. Music law applies to the creation, production, distribution, sale, and marketing of music. If you have a music-related contract you need reviewed or written, have a band or record label, represent talent, or are an independent artist, promoter, producer, or songwriter, you might want to contact a music lawyer at Creative Law Network.
What a Music Lawyer do for you?
As music lawyers, we help our clients with contracts, protect their work, name, and other rights, and can help navigate the music business. This includes drafting, negotiating, and reviewing all sorts of contracts like recording agreements, management agreements, producer agreements, songwriter agreements, publishing agreements, performance agreement, and licensing. It includes protecting copyrights of songs, recordings, and videos, and trademark protection of names and logos. It means maximizing our clients’ rights and revenue. And it means answering questions about the ins and outs of the music business. Essentially, we are here to handle the business and legal stuff so you can be free to work on the music you love! Please reach out to us at Creative Law Network if you have any questions. We’re here to help!
Legal Checklist:
These days being a musician means wearing many hats. There are so many details and behind-the-scenes items that make up a successful music career. Getting these things done can set you apart and put you on a path to success. So we’ve put together this basic checklist for musicians. This list isn’t exhaustive or in any particular order, and not every item is relevant to every person. It can be a guide to keep you on your toes as you progress in your music career.
Joining a performing rights organization as a songwriter and/or music publisher, such as ASCAP, BMI or SESAC (pick one), will allow you to collect royalties from the public performance of your works.
Keeping a running list of all completed songs with co-writer/co-publisher splits, contact information, and date of creation is a good way to keep track of your work and how the ownership of those works is divided. This can go a long way in avoiding sticky situations down the line.
Submitting titles and songwriter "splits" to ASCAP, BMI or SESAC (just to the one you joined) will allow those performing rights organizations to properly distribute public performance royalties to you and any co-writers.
If you are collaborating with anyone, having an agreement to document ownership rights and who is allowed to perform/record/license/sell the song.
Making a list of all completed sound recordings and co-owners, if any, can be helpful when tracking royalties and controlling the recordings.
Registering the copyrights in your songs and sound recordings is a really important step! (Look here for more about copyrights.)
Joining Sound Exchange as an artist (for collection of digital performance artist royalties) and as a copyright owner (for collection of digital performance sound recording owner royalties) means getting paid when your recording is played.
If you record any cover songs, getting a mechanical license from the owner of the song (i.e., the song's publisher) and paying mechanical royalties are required by law.
If you use samples in your music, getting sample clearances from the publisher and record label that control the sample is crucial to avoid infringement.
If you’re writing or recording with others, figure out who owns what! Copyright law says that if someone contributes to your song or recording, they are a co-owner unless you say otherwise in writing. A Work for Hire Agreements is one way to retain full ownership in the copyright of your work. This can be important not only for your music, but for any photos, artwork, and video/footage.
A Producer Agreement is a must-have if you are working with a producer on your recordings.
Your artist/band name is a trademark and should be protected. Federal trademark registration is the best protection for your artist/band name and/or logo. (Look here for more about trademarks.)
Forming a company (like a limited liability company (LLC) or corporation) is a useful tool to run your business and protect you from personal liability. (Look here for more about business formation.)
CONTRACTS! While contracts may not be fun, they lay out the necessary terms for any deal. Getting solid contracts in place is crucial and can help avoid legal problems in the future.
If you need any help with anything listed above, please reach out to us at Creative Law Network!