4 Legal Protections for Your Band and Your Music Every Group Needs

The need for legal protection is much more critical in this technological age characterized by piracy. The good thing is that the law protects you to ensure that no one uses creativity illegally. If you and your friends want to start a band, you need to know your right and place in the constitution. Here is some legal protection that you need.

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Legal Basics For DIY Artists And Musicians

Under US copyright law, copyright (literally, the right to make and sell copies) automatically vests in the creator the moment the expression of an idea is “fixed in a tangible medium” (in other words, the moment you write it down, type it or record it). With respect to music specifically, there are actually two copyrights: a copyright in the musical composition or song owned by the songwriter and a sound recording copyright in the sound of the recording owned by the recording artist (but usually transferred to the record company when a record deal is signed). It is important to remember that you own the copyright in your work the moment you write it down or record it, and you can only transfer those rights by signing a written agreement to transfer them. Therefore, you must be wary of any agreement you are asked to sign. 

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Could Strict Copyright Laws Stifle Creativity And Discourage Originality?

Back in March of 2015, Pharrell Williams claimed that the Blurred Lines copyright lawsuit will stifle creativity. Speaking for the first time since a jury determined that he and Robin Thicke copied Marvin Gaye’s ‘Got to give it up’. He explained: “The verdict handicaps any creator out there who is making something hat might be inspired by something else. This applies to fashion, music design…anything. If we lose our freedom to be inspired, we’re going to look up one day and the entertainment industry as we know it will be frozen in litigation. This is about protecting the intellectual rights of people who have ideas.”

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Registering Your Band Name, Phrase Or Logo

Are you a musician? Do you need to protect your band name or logo from counterfeit sellers on ecommerce platforms? In order to obtain nationwide protection, you should register your band name, phrase or logo with the United States Patent and Trademark Office.

The registration process is relatively straight forward but can be time consuming. Generally, it takes approximately six months to a year before the trademark is registered.

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Tribute Bands - Are They Legal?

Look through your local gig listings and chances are you’ll find as many tribute bands and singers as there are original acts. Their popularity continues to grow and not just in smaller venues. Some are able to fill the largest sites like Wembley Arena and the O2. The Australian Pink Floyd, Led Zeppelin Experience, Bootleg Beatles and Hollywood U2 are examples of successful tribute bands that have performed thousands of shows across the globe, year after year. These acts have earned their success by replicating the original band’s music to a very high standard, as well as providing an exciting visual performance alongside the sonic conventions. 

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The Enigma Of Securing Your Copyrights In China

Once upon a time pirates ran rampant in China, today the pirates have turned into paying customers. The protection of copyrights are good for business as the wealth in China grows companies are more concerned about security as it is the main incentive for investment. This is written in the history of other wealthy Asian countries such as Japan and Korea. The dubious probability for creators to secure royalties from China is also history. 

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Music Copyright Law And The Consumer: Understanding The Basics

When enacted, it serves to prevent the illegal sharing, misuse or distribution of that content through unauthorized mediums. But, what does that mean exactly and what or who does it cover? Let’s take a deeper look.

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Urgent Warning!: Time Is Running Out For Artists & Writers To Exercise Their Termination Rights Under U.S. Copyright Law

 1976 Copyright Act provides for the termination of copyright transfers – but authors need to act within a limited timeframe. Creators are entitled to reclaim their copyrights regardless of any contract stating otherwise after certain time periods. Therefore, even if an author, artist, musician, photographer or songwriter signed a contract which purports to transfer all rights in a work for perpetuity, the Copyright Act provides that the author of the work can terminate that grant and demand that the rights revert. Authors and creators are now entitled to terminate their contractual transfers and demand back control of their copyrights; authors can terminate their book publishing contracts, songwriters can demand return of their musical compositions from music publishers and recording artists and record producers can demand return of their sound recordings from the record companies.

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BEWARE: Recent Decision In CBS Lawsuit Over Pre-1972 Sound Recording Could Wreak Havoc In The Copyright World

The recording artist and songwriter communities should take note of a recent decision in ABS Entertainment, Inc. v. CBS Corporation, et al., a case concerning pre-1972 copyrights - and raise an outcry! The Judge in this case held that remastered versions of old songs are entitled to a new copyright and owners of the originals are not allowed to stop the public performance of them.

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Legal Issues With Songwriter Collaborations

Under the US copyright law, an author or creator owns a copyright in his or her work the moment it is “fixed in a tangible medium” (i.e., the moment the expression of an idea is written down or recorded in some manner). When it comes to the recorded music business there are two primary copyrights of interest: one in the musical composition or song; another in the sound recording of that song. A copyright extends for the life of an author plus 70 years, and in the case of collaborators on a copyright it extends for the life of the last surviving collaborator plus 70 years.

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5 Things You Need To Know About The Business Of Music And Songwriting

Everyone harbors a dream to become a rock star at some point in his or her life. It is easy to get caught up in fantasies of flying all over the world and living a lavish lifestyle. These fantasies do not always include the songwriting and recording processes, which are arguably the most important aspects of a career in music. Here are some things you should know about these parts of the music industry.

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SoundExchange Explained

SoundExchange is an independent nonprofit organization that is dedicated to collect and distribute royalties resulting from digital performance rights of sound recordings. When it was created in 2000, this organization was a division of the RIAA but in 2003 it became an independent organization, currently representing the interests of more than 110,000 artists and copyright owners. As reported by SoundExchange, they have already successfully paid nearly $3 billion since they first started doing business.

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The Importance Of Creating A Paper Trail When Submitting Your Work

When pitching a project, whether a TV program or game show concept, a video game idea, a proposal for a book or magazine article or circulating a demo of your song, it is a good idea to file a copyright registration on it before making it public. It is also important to create a paper trail in order to keep track of where and to whom your work is submitted. In the event that you someday decide that someone stole your work or “infringed” your copyright you will need to prove two things in order to win a copyright infringement lawsuit: (1) access to your work and (2) substantial similarity between your work and the allegedly infringing work.

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Legal Landmine: Playing Music at Your Business

Music offers the perfect audio backdrop for any store or business waiting room, either relaxing anxious customers or injecting energy into the lifeless. The right type of music can set the stage for the ideal purchasing attitude. However, music in the business world can be a bit of a legal landmine, with many seemingly innocent companies finding themselves guilty of stealing licensed tracks. Keep the following in mind as you navigate the complicated world of business and music

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