The Basics of Music Law

Entertainment lawyers perform a variety of functions related to the film, television, music, and publishing industries. Attorneys in these industries handle labor disputes, contract negotiations, libel and slander cases, tax filings, and issues related to copyrights and trademarks. Some entertainment attorneys also handle immigration issues for foreign clients engaged i
n the entertainment business.
Although some states do not have laws that pertain directly to entertainment law, California and New York regulate the field extensively. Music law, a particular type of entertainment law, affords protection to people in the music industry, including employees, and governs the actions of musicians, record producers and record company executives. Many legal issues arise in the entertainment business, including:

• Libel and Slander – When a person intentionally or negligently makes false statements against another person.
• Royalty Issues – The percentage that a song writer or publisher is paid for their work.
• Compulsory Cover License – Licenses that allow an artist to legally sell their “cover” of another song.
• Copyright Infringement – Multiple authors or writers are claiming ownership of the same work.
• Recording Contracts – A contract between people regarding music.

Copyrights

Copyrights protect music and other original works of authorship. Registering a copyright for a piece of music allows the composer or songwriter to seek monetary damages and attorneys’ fees from anyone who uses the work in a prohibited or unauthorized manner. Music companies typically manage copyrights for written works, while record labels manage the copyrights for sound recordings.
Once a musician registers for a copyright, it protects the work for 70 years after his or her death. For example, if the composer of a copyrighted piece dies in 2015, the copyright will continue to protect that work until 2085. If the work has multiple composers, copyright protection extends 70 years beyond the death of the longest-living composer.
Copyright infringement is an unfortunate reality for many artists. Musicians are often victims of copyright infringement. However, authors of books are also protected against others using their work in any public display. In fact, many attorneys have made their careers protecting the copyrights of music companies, especially in areas like Nashville, Tennessee (the home of country music).
The laws governing copyrights can be quite complex and are often misunderstood, such as mistaken belief that mailing work to one’s self will constitute copyright protection (also known as the “Poor Man’s Copyright”). There are also many legal defenses to copyright infringement. The Copyright Act of 1976 is one of the most important laws related to music copyrighting. This law distinguishes original works from works made for hire, explains an author’s rights for negotiating the use of his or her music, and discusses the copyrighting of unpublished works. It also determines when copyright protection expires. Anything published before 1923, for example, is now in the public domain and no longer has copyright protection. Additional articles of interest are:

• What Does Copyright Protect?: This resource from the U.S. Copyright Office explains what a copyright does and does not protect.
• Copyright Resource Center: The Music Publishers Association of the United States offers a collection of resources related to music copyright in the U.S.
• Music Library Association Copyright Laws: The Music Copyright Association lists several laws pertaining to music copyright in the U.S. The list includes several revisions of the Copyright Act of 1790.

Publishing

Music publishing is a broad field that includes developing new music, protecting music, and promoting the value of music. Music publishers help composers by taking care of the business aspects of publishing and allowing the artists to focus on producing new works. Music publishers look for new artists, register new works, produce demo recordings and other promotional materials, grant licenses to reproduce or print music, secure commissions for new artists, monitor the use of music, make royalty payments to artists, and take legal action against those who use music without a license.
Music publishing companies rely on publishing laws to protect their investments in composers and songwriters. If original works of music did not qualify for copyright protection, it would be difficult to prevent others from using these works for profit. Without copyright protection, music publishers would not have the option of seeking damages against those who use original works of music without the proper licenses.
Several laws govern the music publishing industry. These laws cover royalties for public performances, licensing for foreign translations, record deals, foreign monies earned from performances and albums, and print licenses for sheet music. One of the most significant is the Fairness in Music Licensing Act of 1998. This act reduced the number of bar and restaurant owners who had to apply for music licenses to play music during business hours at their establishments. The Copyright Term Extension Act is also significant, as it increased the length of copyright protection for music by 20 years. This law is also called the Sonny Bono Copyright Term Extension Act. For more information on music publishing please check out:

• Fairness in Music Licensing Legislation Q&A: This resource from the American Society of Composers, Authors and Publishers (ASCAP) explains the Fairness in Music Licensing Act of 1998.
• University Publishing Music and Copyright: Washington State University explains when a license is and is not needed to play music in public.
• Copyright Term Extension: This document from the U.S. Government Printing Office outlines the changes made by the Sonny Bono Copyright Term Extension Act.

Business

Business laws play an important role in the music industry. Composers, songwriters, performing artists, music producers, music promoters, and industry executives rely on contracts, licenses, and other legal documents to make their living. Music attorneys help their clients negotiate royalties, review contract terms, negotiate settlements on behalf of their clients, and handle other business matters such as:
Breach of Contract: If one party fails to fulfil their promise, and the other party has fulfilled their obligations under the contract, the other party may sue for money and other damages.
Wrongful Termination: An employee who was improperly fired from their job may sue for money and other damages.
Independent Contractor Issues: Although not afforded the same level of protection as employees, consultants and freelance workers are still entitled to certain rights.
Employment Discrimination: The lawprohibits private persons, organizations or governments from discriminating against people because of race, national origin, sex, religion, age, disability, pregnancy and, in some states, sexual orientation or gender identity.
Several business laws govern the music industry. Employment laws exist to protect employees from discrimination and unfair business practices. These laws include:
Title VII of the Civil Rights Act of 1964: Prevents employers from refusing to hire or termination employees based on race, color, gender, religion, or national/ethnic origin.
The Lily Ledbetter Fair Pay Act of 2009: Prohibits employment discrimination based on age and sex.
The Occupational Safety and Health Act: Requires employers to take a number of steps to prevent workplace accidents and illnesses. This act is especially important for those involved in traveling musical productions, as these performers may be at risk for injuries caused by on-stage accidents.
Tax Laws: Traveling musicians may also take advantage of the tax laws in the United States. If a traveling performer does anything work-related at home, such as repairing costumes or making work-related telephone calls, he or she may be able to claim a home office expense on a tax return.

How to Copyright Your Music

  This post is written by Christine Occhino and it originally appeared on Sonicbids.com

One of the most important things every music creator can do for themselves is protect their intellectual property. By technical standards, a work is copyrighted once it’s been made into a tangible form. However, officially registering that work by submitting it to the US Library of Congress
provides very valuable protection should anyone ever infringe upon your creation. The process isn’t too bad once you’ve been exposed to it and have some education in the field. It’s simple enough that you can definitely embark on doing it yourself, or if you’d like some assistance to make sure you’ve done it right the first time (it is a government document, after all), you could always request the assistance of a music business professional or copyright lawyer. But in the meantime, here’s a step-by-step guide on the basics of how to copyright a song.

1. Prepare to begin the process

First, you’ll want to compile all of your related music materials in clean and clear formats. Have your song info, split sheets, MP3s, lyrics, and any other important documents readily available. Then head on over to the official US copyright website at copyright.gov to get started filling out the basic information to submit your copyright online.

2. Fill out the online form

Make sure you set aside some quiet time to work through all of these forms carefully. The eCo site will bring you through several pages of questions in order to file your copyright. Starting with creating your own account, register a new claim. After that, the next page will help confirm that you’ve chosen the correct application to fill out, followed by a series of yes/no questions indicating whether or not your work qualifies for the standard application process. Next, you’ll select your type of work, and enter titles, publication status, author info, claimant info, rights and permissions, correspondence contact, and mailing address. Finally, it’s time to certify and review your application!

3. Make your payment

This next step will take you to a separate website to collect your payment. Payments are accepted in the form of either credit card or ACH. The cost is currently $55 per song registration through the standard song recording app. Though it might seem like a bit much at first glance, remember that wouldn’t even buy you an hour of time getting advice from a lawyer if you had to go to court over a copyright infringement violation, so better to be safe than sorry!

4. Submit your supplemental materials

Once payment has been confirmed, it’s time to send in your song materials. Accepted file formats are clearly listed, so just make sure to follow the directions! Upload electronic copies of your work here, and make sure to wait until everything has loaded completely and successfully before you click through to the last step.

5. Receive your digital and hard-copy confirmations

Once you send everything in online, you’ll receive immediate confirmation of the receipt of your files. Then you can typically expect the hard copies to come in the mail within the next six months or so. But fret not, my friends – you are uber-protected from the moment you submitted your digital files online!

 How to protect your music through copyright, trademark and others

[This article was written by Yannick Ilunga. It originally appeared on The Jazz Spotlight.]

The Internet is a key component of today’s music industry. Social media, websites, email lists, platforms for music promotion…music has been strongly impacted by the web, in a good way.

At the same time, however, the Internet can threaten musicians’ art with activities like online piracy and copyright infringement.

If you ask artists if they are serious about their music career, most will answer affirmatively. Not many take care of the legal side of their career, though. In the latest episode of the Jazz Spotlight podcast, I sat down with New York-based attorney Jo-Ná Williams to talk about what independent musicians can do to protect their music. Whether you’re about to graduate from music school or have been an indie artist for years, you can follow these simple tips that will avoid you huge legal headaches in the future.

1. Trademark

Consider having a trademark to protect your band or stage name. During our chat, Jo-Ná mentioned Brit artist Tahliah Barnett, who is now in a legal battle with alternative pop duo The Twigs over her stage name FKA Twigs.
The first thing you have to do, in order to trademark your band name, is search for it on the United States Patent and Trademark Office’s website (if you’re in the States). On the site, you can check for trademarks that have already been registered or for which an application is pending, and can submit your own trademark application. For more information on the topic, I suggest you read this post by attorney Michael I. Santucci.

2. Copyright Your Work

Jo-Ná made it clear: copyright your work, no matter what stage of your career you’re in. “Some artists think that as long as they have created their work and it’s in tangible form, then it’s copyrighted”, she said. “However, it’s not necessarily so. It can happen that people, who had submitted their lyrics or beats to companies hoping for breakthrough, end up hearing those same lyrics or beats in someone else’s song”.
In order to make sure that nobody is going to misappropriate your music, consider copyrighting it.
As Jo-Ná Williams explained, there are two types of copyright:
– copyright underlying the artwork
– the copyright of the actual sound recording (for example someone performing a piece of music)
Copyrighting your music is cheaper than you think. The application to copyright one work – be it a song or an entire album – is $35 and can be submitted at copyright.gov. Organizations such as the Volunteer Lawyers for the Arts can also help you with such legal matters.

3. Have a Lawyer Look at Your Contract(s)

Ok, not everybody can afford a lawyer, especially those in the early stage of their career. It’s important though, as Jo-Ná pointed out, to have someone look at your contract(s) before you actually sign. Again, the Volunteer Lawyers for the Arts and similar organizations can provide assistance with these issues.
If you ignore this recommendation, you may end up just like the artist Jo-Ná mentioned in the interview, who had to pay her producer more money than what initially agreed upon, in order to release her album. Had she had someone look at her contract, she could have avoided been taken advantage of.

4. Avoid Misappropriation of Your Music Online

At this point, you may be asking yourself “how in the world could I possibly monitor every single piece of music I upload on the Internet?” Well, Jo-Ná had a couple of recommendations for this: digital watermarks and Google Alerts.
If you’re really worried that someone could misappropriate your music, then you should consider adding a digital watermark to your music. You can do that with services like AudioLock and Digimarc.
Another thing you can do to “monitor” your music online is setting up Google Alerts. To avoid clattering your inbox, I recommend you create a new Gmail account that you use exclusively for this activity. You can create alerts pretty much for everything you want to keep an eye on: your band name, your album or song title.
And having Google Alerts can also come in handy in case you’re mentioned in a music blog or online magazine. Whenever your name (or album title) is mentioned somewhere, you receive an email notification with the link to that webpage.

5. Don’t Forget About Your Royalties!

Protecting your music also means taking care of your music royalties. Sign up for SESAC, ASCAP and SoundExchange to collect different types of royalties from your music and get paid what you deserve.
From February 23rd until March 4th, Jo-Ná’s has organized a FREE online initiative called Artist Empowerment Challenge. Check out www.artistempowermentchallenge.com to learn how you can go from “starving musician” to “empowered artist” and connect with like-minded people (and if you’re on Twitter, look for the hashtag #AEChallenge).

Disclaimer:

This post is for informational purposes only and should not be construed as legal advice of any kind. The Jazz Spotlight, Jo-Ná Williams and J.A.Williams Law, P.C. assume no liability for use or interpretation of any information contain in this interview. This post should not be an alternative to obtaining legal advice from a licensed attorney in your state based on the specific facts of your legal matter. Jo-Na Williams is licensed to practice law in the State of New York only.