What are Music Law Firms?
Numerous sectors of the entertainment and media marketplace turn to the assistance offered by music law firms. Music law firms provide a substantive array of entertainment law services for clients, including recording artists, songwriters, distributors, directors, actors, bands, actors, managers and other similar organizations.
Music law firms work with clients in the areas of traditional music law as well as in the emerging areas of digital music, music publishing, artist marketing, endorsements and corporate sponsorships.
Music law firms help bridge the legal and business gap between artists and the music industry. A music law firm provides various forms of counsel to its clients, including matters related to music recording contracts, music licensing and distribution agreements, merchandising, promotion, copyright infringement, contracts and trademark protection .
Some music law firms have found it valuable to list the services they offer as a music law firm; a partial list of those items includes the following: Agreements and Contracts; Copyright Infringement Law; Copyright Registration; Copyright Clearance Search; Copyright; Trademarks; Trademark Registration; Trademark Infringement Law; Publications; Musicians’ Rights; Unfair Competition; Commercial Licensing; Distribution Agreements; Music Licensing Law; Music Contract Law; Licensing Agreements; Agreements — Producer, Merchandising, Publishing, Recording; Songwriter Agreements; Record Producer Agreements; Artist Agreements; Licensing Agreements; Legal Advice; Estate Planning for Musicians; Artist Management Agreements; Joint Venture Partnerships; Joint Venture Partnerships; Contracts; Copyright Assistance; Film Contracts; Label Contracts; Entertainment Contracts; Touring Contracts.
In addition to all the basic traditional forms of music law discussed above, a few music law firms have expanded their services into the following areas: Internet law, Art theft and translation, Writer’s rights, Underground journalism/literature, and Script, novel and treatment development.
Services Offered by Music Law Firms
Music law firms specialize in legal services that are particularly relevant to the music industry. These firms represent clients who work either behind the scenes or in the spotlight, from songwriters and producers to engineers, instrumentalists, composers, visual artists and performers. This section will outline the core services that a typical music law firm will offer.
Contract Negotiation
As with any other type of business work, a music law firm will offer services that relate to every stage of the contract negotiation process. They may advocate for fair pay and royalties or assist their clients in negotiating artist-centric contracts. Many music law firms also have extensive experience with licensing agreements and can help composers and artists negotiate fair licensing rates when granting permission to use their work.
Copyright Protection
Copyright registration and protection are vital for anyone in the music industry who wants to secure royalties and compensation for the sale of their records or other distribution of their intellectual property. The United States Copyright Office only officially protects the rights of creators if they have registered with the agency, so a music law firm can help you through every step of the process. They may also assist with copyright infringement claims if you notice your work has been used without permission.
Document Drafting and Review
Many music law firms will assist clients with reviewing and drafting any type of document that’s necessary, whether it’s a joint venture agreement, recording agreement, assignment of rights agreement, management contract or anything else. Music law firms can also draft documents when necessary, helping you protect your interests at any stage of the process.
Dispute Resolution
Some clients aren’t looking for legal assistance related to contracts or registrations—they’re already in the midst of an ongoing dispute and want the help of an experienced lawyer to resolve the problem. Most music law firms have experience with disputes related to:
The Role of Copyright in Music
The music industry is in an unprecedented state of transition, ranging from live performances to the means of distribution. All that change has led to an increased understanding of the importance of copyright in the world of music. Copyright in music covers a variety of elements, including lyrics, beats, melodies, and the recorded audio. Copyright distinguishes one person’s creation from another, offering legal protections to the creator.
It is a well-known fact that music is ubiquitous – from a night at home to the big screen at the theater, it seems like music plays just about everywhere. Obviously, people are enjoying what they hear, but does everyone understand the amount of work that goes into creating it? Just as countless individuals are involved in a successful book, a music production can take months or even years to complete. Because musicians and other artists spend so much time on their work, it is essential that they take measures to protect their intellectual property.
Copyright protection ensures that protected works can’t be used without permission from the original author or creator. In the world of music, the lyrics and the music found in a song are the intellectual property of its author. Once a work achieves copyright protection, it enjoys certain exclusive rights that last for the life of the author, plus an additional 75 years. After the 75 years have lapsed, the work is considered to be in the public domain and can be used without permission.
Once a piece of music is deemed to have achieved copyright protection, it can’t be copied without the legal authorization of the creator. However, copyright protection goes beyond prohibiting the copying of a work. Also included in copyright protection is the right to distribute the music, whether through a record label or some other intermediary. With respect to musical works, copyright also protects the right of the author to prepare new, derivative works that are based on the original. Finally, copyright encompasses the exclusive right to publicly perform the music and to transmit it via digital or otherwise.
It’s crucial that musicians and other artists get the legal assistance they need to protect their valuable intellectual property. Without the guidance of experienced attorneys, too many artists neglect to take even the most basic steps to protect their work. From registrations to negotiations to bringing claims against those who infringe upon an artist’s rights, quality music law firms handle all the work necessary to enforce a musician’s rights and give peace of mind.
Music Contracts Explained
Contracts are the backbone of the music industry—everything from financing and recording an album to arranging a distribution deal and licensing your music for movies and TV is done through legally binding agreements. These agreements can contain complicated legal terms, so you would be wise to have some help from a music law firm that specializes in this area. They will be able to review and negotiate these contracts on your behalf to ensure that you get the most favorable arrangement possible.
One of the most commonly encountered agreements by an independent artist is a recording contract. This contract states the terms under which an artist will allow a record label to release and distribute her music (usually as a CD or MP3 download). The agreement applies to all songs and albums created by the artist during a specific period of time, which is generally several albums. If an independent musician has released one album, chances are that they will be taking a look at a recording contract the next time around.
A music publishing contract is another common agreement for songwriters and musicians. It allows a publishing company to arrange for the royalties to be properly distributed and collects them on behalf of the songwriter and/or music composer. It essentially covers the copyright of each of the recorded songs. This agreement does not pertain to any previous, released or unpublished material. For example, if you were to enter into an agreement to use songs that were not previously registered, the publisher may want to secure the copyright for those songs. In this case, you could be issue with your ability as the artist to sell the music yourself.
You may also want to consider an exclusive licensing deal for your music. A license is needed if someone else wants to use a song in a movie, video game, or other media project. An exclusive license prohibits the artist from allowing any other sources to use the song during the duration of the agreement. But it should also include a expiration date, at which point you could use the song again in a different arrangement with another company.
Dispute Resolution in the Music Business
When you are dealing with the creation and commercialization of music there are always going to be disputes and disagreements. Some of these will be resolved amicably, others less so. Having an experienced team familiar with all aspects and resolving the issues that arise in the music industry is essential. Some of the most common areas for contention in the music industry are intellectual property disputes. Whether it be in relation to copyright, trademarks, contracts or all three, how music is protected and how disputes are resolved are key components to many cases. In the UK copyright is used to protect art , music and literature, and ownership of it can often be disputed by the parties involved. Who created the work, whether or not it has been registered, where it has been registered, if and when any other party contributed to it, and many other issues can all come into play. In order to come to any settlement of any dispute it is advisable to have a good team in your corner. Creative endeavours like music are necessarily complex, and often international in nature, so having expert support on side is vital to sorting out any disputes and ensuring all the rights and requirements have been met.
How to Select a Music Law Firm
When it comes to selecting a music law firm, musicians and music companies should carefully consider the factors that are most important to them. One of the most crucial factors to take into account is experience in the industry. A firm that has worked with artists who generate a similar amount of revenue to you, or who have managed to cut through some of the noise in your genre, can be especially valuable. At the same time, a firm that has no experience in your field can offer fresh insight and creativity that an established firm may not be able to offer. You should find out what unique advantages a law firm can offer you and your company.
Reputation is another important consideration. You may want to look into your potential law firm’s general reputation in addition to its role in the music industry specifically. The best way to determine a firm’s reputation is to ask for client testimonials. Be wary of a firm that is unwilling to share client references. It’s okay if a firm cannot share clients for confidentiality reasons, but they should be willing to share the kind of person with whom you’ll be speaking. Try to get a sense of the experience of the client speaking to you. Have they been through the process before with this firm? What have been the outcomes of this relationship?
Case Examples of Music Law Firms
From ensuring intellectual property rights are correctly assigned to dealing with misappropriation of characters, protecting their clients’ work is the principal role of almost all music industry law firms, but that certainly doesn’t mean they don’t go the extra step and advocate on behalf of their clients when litigation becomes necessary.
The biggest case involving an entertainment law firm in the music biz is hands down Entertainment Consultant Services v. Cendant Corporation, which came about after Entertainment Consultant Services (referred to as "ECS") developed the hit game show Who Wants To Be A Millionaire." Cendant Corporation attempted to file similar claims with the Trademark and Patent Office for their own version of the show and ECS had to quickly engage counsel, and after nearly two years of litigation and 23 days of trial, ECS walked away with a $260 Million in damages from their lawsuit against Cendant .
Secondly on our list of top cases is Konstantin Popov v. Shorewood Packaging Corporation, a case that went all the way to the United States Supreme Court. The apex of this case came about when Shorewood hired several artists to do some artwork for promotional products on behalf of W.W. Grainger. Shorewood created approximately 35,000 copies of the products without Popov’s consent and subsequently Popov sued for copyrights and punitive damages. Defense counsel successfully argued that although they used the artwork to create a product for sale, that it was never intended for sale and was purely a sample, but further counsel was able to prove that Popov had not been compensated for the use of his work and won the case in the lower district court for $605,000. Given the possible implications this could have on the music industry, the case went up to the U.S. Supreme Court and this team of music lawyers were able to get the court to dismiss Popov’s claims.