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Entries in Legal Advice (32)

Monday
Jan152018

Should You Hire Security Guards For Your Music Event?

Whether you’re hosting a small karaoke party or a jam-packed musical festival, you have a responsibility as the event organizer to make sure that all of your guests get home safely. Here are just a few risk factors to consider and how security guards from a company like Security Services Northwest, Inc might or might not help with them.

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Thursday
Dec142017

New Music Licensing Course Now Available From New Artist Model Online Music Business School

GET YOUR MUSIC LICENSED is an online training program that teaches students how to prepare and license their music for film, TV, games and online placements.  The 6 month program shows musicians where to pitch their music and how to pitch it to ensure they get noticed. 

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Wednesday
Oct252017

8 Music Investment Agreement Tips

This post by Canadian entertainment lawyer Byron Pascoe originally appeared on the Bandzoogle Blog

Disclaimer: This article does not provide advice regarding how to find an investor for your music career!

However, reading this article may assist in structuring the relationship between you and your investor.

Some musicians looking to raise money to record and promote a new album turn to online platforms from PledgeMusic to Kickstarter. These platforms are vehicles to obtain financial support from fans, friends, and family.

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Friday
Oct202017

Concert Backlash: How To Deal With A DWI Charge When You’re Innocent

Imagine you’re leaving the stadium or arena, after having enjoyed a performance from your favorite singer or group. The police pull you over and put you through the process of testing your sobriety. Even though you haven’t had any alcohol, or perhaps had just a small drink that wouldn’t put you over the legal limit, the police charge you with either a DWI or a DUI.

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Thursday
Sep282017

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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Friday
Sep012017

Fight For Your Rights: What To Do After Being Arrested At A Concert

Going to a concert is supposed to be a fun way to enjoy an evening. However, if you are unruly or otherwise break the law, you could be taken into custody. It is important to remember that being arrested doesn’t mean that you are guilty. What can you do to protect your rights after being arrested at a concert?

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Monday
Jul032017

Creating A Band Agreement: What You Need To Know

This guest post by Canadian entertainment lawyer Byron Pascoe originally appeared on the Bandzoogle Blog

Being a musician is a business. If you’re in band, one of the most important elements of organizing your business, is having an effective band agreement.

Without agreement among the members of your band, whether verbal, written on a napkin (is that still done?), texted, or written by an entertainment lawyer (shameless plug), some key issues will need to be negotiated at a time when perhaps not everyone is acting reasonably. Or you may need to rely on the law, which may not provide appropriate solutions for your situation.

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Wednesday
Jun282017

How Keen Musicians Successfully Protect And Secure Their Songs

Musicians in today’s modern age have many outlets for their art, but these pathways may not be very secure. They might actually create problems where the songs are open to the public, and they’re immediately copied or taken. It’s critical for musicians to protect and secure their songs with several tools, including both simple and complex strategies.

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Monday
Apr242017

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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Friday
Jan202017

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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Wednesday
Jan042017

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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Thursday
Oct132016

Judicial Approval Of Contracts With Minors - A Necessity For Businesses (Record Business, Modeling Agencies & Tech Companies)

If a person or entity contracts with a minor they need to understsand the law. From managers to production companies to modeling agencies, and even technology start-ups, 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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Thursday
Jul212016

How Do Music Laws Affect Local Venues?

Restaurants, bars, clubs and similar places often play recorded music or have bands or solo artists play it live to lure and keep customers. Playing this music, however, comes at a price literally and figuratively. That’s because performing rights organizations (PROs) expect licensing fees to be paid to songwriters and music publishers when their copyrighted creations are performed in public.

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Monday
Feb082016

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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