The ABCs of NFTs (Understanding "Non-fungible tokens")

NFTs are suddenly headline news! Artists and musicians are using NFTs as a new way to release their products into the marketplace. NPR reports that the artist Grimes recently sold several NFTs for over $5 million and an NFT video clip of LeBron James making a historic dunk for the LA Lakers earned more than $200,000. Rolling Stone reports that the rock band Kings of Leon is releasing its new album in the form of an NFT. At the auction house Christie’s, bids on an NFT by the artist Beeple are already reaching into the millions. It appears that what started as an online hobby among a certain group of tech and finance geeks is now being catapulted into the mainstream.

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Did Spotify Purge Indie Artist Music January 1, 2021?!?

Several clients of mine have brought this to my attention, so I thought I would address it here.

It appears that on January 1, 2021, Spotify enacted a massive, global takedown of music from thousands of independent artists. Upon information and belief, some 750,000 songs were removed, the vast majority of which appear to have used Distrokid for distribution.

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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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What Is A Trademark And What Are Trademark Rights?

A trademark is a name, slogan or logo which identifies someone’s goods or services and indicates source or quality. The purpose of a trademark is to identify and distinguish one person’s products or services from those of another. A trademark functions as a symbol of quality and goodwill. Trademark rights accrue to the owner of a mark based on the “use” of a mark and these rights vest in the first user of a mark when the mark is used in connection with the trademark owner’s goods or services. In other words, you own rights in your trademark from the moment you start using it to identify your products or services  These rights are applicable in the music business to the names used by rock groups, DJs, and rappers as well as by management, production and record companies.

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FAA Ruling For Air Travel: You CAN Carry On Your Guitar!

Remember: the U.S. Department of Transportation issued a final rule to implement section 403 of the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95, 49 U.S.C. §41724) regarding the carriage of musical instruments as carry-on baggage or checked baggage on commercial passenger flights operated by air carriers. The final rule does not change the earlier provisions of the Act, but mercifully puts a period at the end of the sentence: “Section 403 of the Act and this final rule provide that “carriers are required to allow passengers to stow their musical instruments in an approved stowage area in the cabin only if at the time the passenger boards the aircraft such stowage space is available.”

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Benefits For Producers And Engineers In The Music Modernization Act

The Music Modernization Act (“MMA”) is now the law of the land. The MMA is comprehensive and sweeping in its scope. The MMA revamps Section 115 and repeals Section 114(i) of the U.S. Copyright Act. It creates a public data base to facilitate and expedite payments to songwriters and it overhauls the rate Court system and changes the standard for setting rates to a free market standard. The MMA also incorporates several other major pieces of legislation including the CLASSICS Act (Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society Act) which grants copyright protection to pre-1972 sound recordings so songwriters and artists can receive royalties on pre-1972 recordings and the AMP Act (or Allocation for Music Producers Act), which improves royalty payouts for producers and engineers from SoundExchange when their recordings are used on satellite and online radio.

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Understanding The Benefits Of The Music Modernization Act

The Music Modernization Act (“MMA”) has finally passed both the Senate and the House after the herculean efforts of some individuals and organizations who worked tirelessly to negotiate compromises to accommodate all sides. The MMA will finally move the recorded music industry forward in a way that should facilitate more artists and songwriters being able to make a fair living from making music. The MMA proposes to reform the music licensing landscape in several substantive ways to benefit artists and songwriters.

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Contracting With Minors In The Entertainment Industry - Judicial Approval A Necessity For Businesses From Modeling Agencies To Tech Companies

Contracting with minors in the entertainment industry can be a legal minefield. From talent bookers and modeling agencies to technology start-ups and other computer software companies, the predicament of employing or contracting with a party under the age of eighteen has become an increasing problem. The minor is not bound by the contract and may disaffirm the contract at any time during minority or within a reasonable time after reaching majority. Without a valid written agreement the employment is “at will” under the law of most States which means the minor can depart at any time. The dilemma created by a minor’s ability to disaffirm a contract is that it may seriously jeopardize the employer’s financial investment in the services of the minor whether it is the ongoing efforts of an agency to develop the career of a young talent or the technology company’s expectation that is owns the copyright in the code created by the teenage whiz kid it employs.

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Songwriters Beware Of The Music Modernization Act (H.r. 4706)

The stage is set for a brutal tug-of-war over tens of millions of dollars between individual songwriters and their publishers. H.R. 4706, also known as the Music Modernization Act, provides many benefits and updates to the arcane royalty structure of US copyright law. However, there are some provisions concerning unclaimed and unmatched monies which, as currently drafted, could lead to a myriad of problems for creators.

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

The 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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Legal Basics For The Diy World: Artists, Authors, Creators 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 on tape). With respect to music specifically, there are really two copyrights: a copyright in the musical composition 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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McCartney's Sony/ATV Lawsuit More Of The Ripple Effect Of The Issue Of Copyright Terminations Under U.S. Copyright Law

Just as the music business has been staggering back to its feet after the digital assault started by Napster over a decade ago, another hard blow to the industry business model is starting to have ripple effects. Recording artists and songwriters from 1978 and after are now entitled to start terminating their contractual transfers and demanding back their copyrights. The 1976 Copyright Act, in a provision that has generally been overlooked until now, provides for the termination of copyright transfers. Even if an artist or songwriter signed a contract that purports to transfer all rights in a work in perpetuity, the Copyright Act provides that the author can terminate that grant and demand that the rights revert to the author in a shorter period of time. This is a great opportunity for artists and songwriters to get a second bite at the apple, so to speak, and get a better share of the income earned from their creative works.

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Legal Basics For Artists, Authors, Creators, And Musicians

Four Essentials:

1) Copyright Protection

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 on tape). With respect to music specifically, there are really two copyrights: a copyright in the musical composition 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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