Resources
A new article every week.
tHE rOLE OF mUSIC lAWYERS
Entertainment lawyers play a vital role in an artist’s musical career by helping them navigate the complex legal matters of the industry and protecting their rights and interests. Here are five ways music lawyers can help musical artists:
Contract negotiation: Music lawyers are experienced in negotiating and drafting music contracts, including record deals, publishing agreements, and other industry contracts. They can help artists understand the terms of a contract and negotiate more favorable terms on behalf of the artist.
Intellectual property protection: Music lawyers can help artists protect their intellectual property, including their music, lyrics, and other creative works. This can include registering copyrights, securing trademarks, and taking action against infringers.
Licensing: Music lawyers can assist artists with securing licenses for the use of their music, including sync licenses for use in TV shows, movies, and other media, and mechanical licenses for the reproduction and distribution of their music.
Dispute resolution: If an artist finds themselves in a dispute with a record label, publisher, or other industry professionals, a music lawyer can help them resolve the dispute and advocate for their interests.
Legal advice: A great music lawyer will make a holistic review of the artist’s objectives and can provide the artist with legal advice on a range of issues, including copyright law, contract law, and other areas of law that are relevant to the music industry.
In summary, music lawyers play a key role in advancing an artist’s career goals, while protecting their legal rights. If you are searching for an entertainment attorney, it’s advisable to seek one who will understand the legal landscape of the music industry.
Frequently asked questions
Q: What are your fees?
A: Our fees vary depending on the scope of work needed. A trademark filing, for example, is a flat rate and includes the fees that the USPTO office will charge us to complete your filing.
Q: How can a music lawyer help me with review a contract or the negotiations?
A: We can review and negotiate contracts on your behalf, and advise you on the terms and conditions of the contract. A contract review is a flat fee. If you need us to negotiate and or revise the contract, the fee will vary depending on the type of contract, length, etc.
Q: What can a music lawyer do to help me protect my copyrights?
A: We can advise you on copyright law and help you register your copyrights with the Copyright Office. They can also help you enforce your copyrights and defend against infringement.
Q: What should I do if someone has used my music without my permission?
A: Contact us immediately. They can advise you on your legal options and help you take the necessary steps to enforce your rights.
Q: How can a music lawyer help me with royalty disputes?
A: A music lawyer can review your contracts and advise you on your rights to royalties. They can also help you negotiate with the other party and take legal action if necessary.
Q: What is the process for registering a trademark?
A: The process for registering a trademark typically involves conducting a search to ensure that the mark is available for use, and then filing an application with the United States Patent and Trademark Office (USPTO). The application will be reviewed by an examining attorney, and if approved, will be published for opposition.
Q: How do I know if my trademark is eligible for registration?
A: To be eligible for registration, a trademark must be used in commerce and must be distinctive. Trademarks that are merely descriptive or generic are not eligible for registration.
Q: What are the costs associated with registering a trademark?
A: The costs associated with registering a trademark include filing fees, attorney's fees, and other expenses related to the application process.
Q: How long does it take to register a trademark?
A: The time it takes to register a trademark varies depending on the specifics of the application and the backlog of the USPTO. The process can take several months or even several years. (Lately, they have taken about a year.)
Filing a tRADEMARK IN THE uNITED sTATES
To trademark a logo in the United States, you will need to follow these steps:
Choose a strong trademark: A strong brand is one that is distinctive, meaning it is not likely to be confused with another trademark. You can check the availability of your trademark by searching the U.S. Patent and Trademark Office's (USPTO) trademark database. However, an attorney will do a more comprehensive search to check for potential common law rights to the proposed mark.
Use your trademark: To qualify for trademark protection, you must use your trademark in commerce, meaning you must use it to sell goods or services.
File a trademark application: You can file a trademark application online through the USPTO's website or by filling out and mailing a physical application. You will need to describe your trademark and the goods or services it is being used to sell. We recommended seeking the help of an attorney because the application is quite intricate.
Wait for your trademark to be approved: The USPTO will review your application and may ask you to make changes or provide additional information. Once your trademark is approved, it will be published in the USPTO's Trademark Official Gazette. This can take months or even years.
Use the ® symbol: Once your trademark is registered, you can use the ® symbol to indicate that it is protected by federal trademark law.
Apply for an international trademark if you are also seeking brand protection in another country.
sIX STEPS FOR STARTING A RECORD LABEL
Starting a record label involves a few steps:
Choose a focus: Decide what kind of music you want to release and your target audience.
Develop a business plan: This should outline your goals, target market, budget, and marketing strategy.
Register your business: Choose a name for your record label and register it as a business entity with your state or local government. You should also register for a federal tax ID number (an EIN).
Obtain financing: Consider how you will fund your record label, whether through personal savings, investments, loans, or grants. Check out the Small Business Association for loan options.
Find and sign artists: Identify and sign artists who align with your label's focus and goals.
Release and promote music: Develop a release schedule and marketing plan for each artist's music.
Starting a record label can be a challenging but rewarding endeavor. It is important to be well-prepared and have a clear vision for your label's direction.
why Copyright your music?
Copyright law is a body of laws that provides legal protection for original creative works, including music and lyrics. Copyright law gives the creator of a work the exclusive right to control the use of their work and to seek damages if their work is used without their permission.
Copyrighting a song in the United States involves a few steps:
Create a tangible copy of your song: This can be a recording, a written copy of the lyrics and music, or a combination of both.
Register your song with the U.S. Copyright Office: You can do this online through the Copyright Office's website or by filling out and mailing a physical application.
Include the copyright notice in your song: This is the © symbol followed by the year the song was first published and the name of the copyright holder. For example, "© 2021 John Doe."
Deposit copies of your song with the Copyright Office: You will need to send copies of your song to the Copyright Office as part of the registration process.
Registering your song provides legal benefits, such as the ability to file a lawsuit for copyright infringement and the ability to seek statutory damages and attorney's fees in court.
TEN WAYS THAT INDEPENDENT MUSIC ARTISTS CAN MAKE MONEY:
Live shows: Perform live shows at local venues or book tours to generate income from ticket sales and merchandise.
Record sales: Sell physical copies of your music, such as CDs and vinyl records, or sell digital copies through online platforms like Bandcamp and CD Baby.
Streaming: Have your music available on streaming platforms like Spotify, Apple Music, and Pandora and make money from streaming royalties.
Licensing: License your music for use in TV shows, movies, commercials, and other media to generate income from sync fees.
Merchandise: Sell merchandise such as t-shirts, hats, and other items to generate additional income.
Sponsorships and brand partnerships: Partner with brands to create sponsored content or collaborate on merchandise.
Patreon or other crowdfunding platforms: Use Patreon or other crowdfunding platforms to ask your fans to support you financially in exchange for exclusive content or other perks.
Teaching or workshops: Offer private music lessons or run workshops to generate income.
Session work: Offer your musical skills as a session musician for other artists or bands.
Collaboration: Collaborate with other artists or bands and share the revenue from the resulting music.
Making a living as an independent music artist can be challenging, and it's a good idea to diversify your income streams and be proactive about promoting your music and building your fan base. You also want to ensure you have the right contracts in place and have secured your brand with a trademark registration to protect your business.