I’m supposed to write about (blog about?) music and the law. As an attorney, I have to say, I like music a lot more than I like the law. My personal life theory says that art is one of the only truly important experiences in an individual’s existence (and I have plenty of personal philosophies on what does or does not constitute “art,” but generally I apply the term fairly broadly and music certainly falls under that umbrella). While the application of the law in certain circumstances can rise to an art form, the law is primarily more science than art – particularly in the entertainment industry. I have always enjoyed science, but what I am passionate about is art. Unfortunately, I’ve never been very good at creating art. I’m better at appreciating it – my BA is in art history.
So all that leads up to: I’m looking forward to blogging about the application of the law to music as it gives me the opportunity to apply the science that I have learned to something that I truly enjoy and appreciate.
So what should I write about? My first instinct is that MQ readers’ initial interest in the law will be in how to protect themselves from various threats lurking in the business of music. The threats are real, and I certainly intend to talk about some of these. And the ways in which indie artists can protect themselves against them. The obvious topics in this vein are copyright and trademark issues. We’ll need to talk about contracts, the various forms they come in and the things to be watchful for in them. Negotiation skills and tactics are essential as well. We should talk about incorporation, the pros and cons of incorporating, the various forms that can take and the steps required in doing so. And there are dozens of other potential subject areas.
But what I’m really looking for is some input. If you’re reading this, and believe me I have my doubts that anybody besides my girlfriend and my mother will read this, then you potentially came here looking for something specific. What do the MQ readers wanna (Can I use this type of shorthand in a blog? I have no idea. I know nothing about blogging. But I always use this shorthand in my informal emails, so whatever, I’ll use it here too. There are no rules, right?) know about the application of law to the music industry? What can I blog about that will be interesting to you?
I am actually working on a fairly interesting indie artist project at the moment. I can’t say too much about it at the moment, but as that project moves forward and gains some momentum, I should be able to provide some detail on what we’re doing and the steps we’re taking to release some fantastic music. More on that to come.
Perhaps I’ll blog on my thoughts about other truly important life experiences at some point as well, but that’s for another day.
And I need to get a better photo up here. All of my fellow experts have these great professional images of themselves looking all “artsy” & “musicy” (I think I just made that word up), and I have the stiff lawyer thing going on. I am feeling some photo envy. I did provide that photo though, so I suppose I can only blame myself. I’m gonna (more of my informal shorthand) work on that.
Q: What do you have when a lawyer’s buried up to his neck in sand?
A: Not enough sand.
July 2nd, 2009 at 7:24 am
Is there any need to be incorporated or an LLC if the band is not making any money right now, would it make sence to wait till?
July 5th, 2009 at 11:34 am
We are starting to play out at a few clubs and want to cover our asses should anything go wrong any suggestions?
July 9th, 2009 at 2:39 pm
Two excellent questions from Wane & Ron — I will certainly address both of these in the near future! I know what you’re thinking — I’m a slacker for not getting to these sooner. You’re half right, albeit in my defense I have been traveling a bit. This blogging stuff is hard work — oh wait, it’s actually pretty easy to logon and respond. Fine. I promise actual content soon.
July 10th, 2009 at 1:07 pm
I’m the lead singer in a band that has produced it’s first CD. I’m also the songwriter of the band, on the CD it’s written that I’m the writer — my question is if I leave the band — who owns the songs the band or me?
July 20th, 2009 at 1:57 pm
Another excellent question from John. The answer may depend on a number of factors.
The general consensus would be that the songwriter owns the songs.
However, this may be different if the band has a contractual agreement of some kind that would alter this. This could come in many forms including language written into recording contracts, operating agreements written as part of the corporate governance for the bands Limited Liability Company, etc. Have the song lyrics been officially copyrighted with the US Library of Congress? If so, is the copyright held in your name or in the name of the band — the answer could make the difference in any potential claim.
So the simple answer is that the songwriter owns his songs. Should the matter ever be litigated, however, a court is going to consider any number of factors including some of those discussed above.
One possible way to protect your ownership of the music would be to execute a formal agreement with the members of your band indicating that they acknowledge your sole right of ownership to the songs.
Here’s a link to a column I found interesting on the subject — it doesn’t fully address your question, but sheds some interesting light on these issues:
http://www.cleverjoe.com/articles/music_publishing.html
Hope that helps!
July 20th, 2009 at 1:59 pm
Also, check out my newest post — Incorporation (Part 1) — for some answers to the questions posed by Wane & Ron.