Music is ubiquitous. It is on the radio, on television and in the movies, in elevators, in shopping malls, at concerts, online, and so on. While the world would not be the same without the artistic talents of musicians, musicians would hardly be where they are today without people who have dedicated themselves to entertainment law . There are several routes an entertainment lawyer can take, from publishing, film and music, television, to advertising and much more. For a working musician, the business end can be a confusing world of contracts, royalties, licenses and intellectual property conflicts. Having a competent, savvy entertainment lawyer on your side is a great way to ensure rights and interests are and remain safeguarded.
Crucial members of the entertainment industry, entertainment lawyers specialize in all media. While a lot of what they do consists of drafting and negotiating recording, licensing, publishing and other types of contracts, they are at times involved in arbitration and litigation matters. Some attorneys have experience in other fields such as intellectual property, bankruptcy, finance or even constitutional law with regard to First Amendment protection of free speech, which can be very useful.
Anybody who creates intellectual property – essentially intangible products such as a song, book, essay, design concept, etc. – stands to benefit from hiring an entertainment lawyer. Before the Internet, trademark, copyright and intellectual property law was far less complicated. With the advent of the Internet and its substantial reach, skilled entertainment attorneys are in great demand.
How a musician gets paid for their work has become very complex. To illustrate one example, envision a song written by an artist/performer. Now, after that song is recorded, two copyrights are created. The first is for the song itself, and the second is for the actual recording of the song. For musicians working with a record label, that label generally owns the sound recording copyright, while the musician owns the rights to the song. Without a lawyer, it’s fairly easy for a musician (who may not be knowledgeable about the legal end of things) to be exploited by a record company. A lawyer helps sort out the details, ensuring that the artist makes a fair share of revenue from sales of that record, live performances, sheet music sales and the third-party licensing of a song to be used in a commercial, TV show or movie, etc.
And that’s just one aspect of their job. Lawyers help musicians negotiate record contracts, distribution deals and all manner of licenses. When there is a breach of contract or an unauthorized use of a musician’s intellectual property, litigation (or at least the threat of it) may be necessary.
Depending on the musician and the value of their product, millions of dollars can be made. Album sales, downloads, merchandising, song licensing, performances – all of these are prospective moneymakers. Bad contracts can lead to a major loss of revenue for musicians, so it’s in their best interest to be represented by a professional, experienced lawyer.
As with any lawyer, experience and reputability are important traits. Musicians should hire an attorney who not only specializes in entertainment law, but who has direct experience drafting and negotiating recording and performance contracts, and ensuring music licensing deals are the most advantageous for the client, and who knows how to wield the power of the law in case of copyright infringement.
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If you’re a professional musician looking to sign a recording contract or copyright a song, author Stephen Daniels recommends you check out entertainment law attorneys Baker & Rannells in New York, for their professional legal expertise.