Legal Aspects of the Music Industry: ISSUES

What is the purpose of having a band partnership agreement? 

To define the rights and obligations of the band members, such as shares of ownership, profit distribution; and rules for joining or leaving the partnership.

*What issues should you consider when preparing a band partnership agreement? 

the members should be considering as many “what if. . .” situations as possible and making sure they have guidance in their agreement.

Why should you have an inventory of artist/band property with serial numbers and sales receipts? 

To document and list the value of their equipment

What types of insurance policies are beneficial to a touring artist? 

Property Insurance ~ Covers damage or loss of band property

Car Insurance ~ Covers damage caused to others or their vehicles

Liability Insurance ~ Covers damage to other people or their property

Instrument Insurance ~

What should be considered when putting together a tour? 

• Common Touring Expenses ~ Salaries, Per Diems, Van Expenses, Airfare, Lodging

• 5% Contingency - in case your estimates of touring expenses are low or there is an emergency.

• Desired Outcome  e.g. Why are you touring? What are your goals and expectations? 

*Who are the members of an artists team when touring and what are their responsibilities? 

Booking Agent - Arranges the tour, negotiates terms with the venues.

Promoter - Identify venue for artist to perform, encourage people to attend show.

Tech - Manages band equipment, directs set up and breakdown.

Tour/Road Manager - Ensures that all aspects of the tour are properly handled.

What is needed to create copyrights? 

1. Original material 

2. Fixed in tangible way

How long do copyrights last? (Include Work Made for Hire)

If you write a song today (and have no written agreements affecting its rights) the copyright will last for your lifetime plus 70 years.

Work Made for Hire: 95 years from the date of first publication or 120 years from the date of creation

What are the benefits of filing copyright registration with the copyright office? 

Creates a presumption of ownership and validity

Proof of ownership. 

Necessary to file copyright infringement lawsuit. 

Prima facie evidence. 

Statutory damages and attorney fees 

What is the difference between the public performance of a composition and the public performance of a sound recording? 

Public Performance - Composition = broad uses - whether live or recorded music.

Sound recording = Digital Audio Transmission only

Name the licenses for a Composition and Sound Recording

© • Mechanical • Synchronization • Derivative Works • Public Performance of Composition

℗ • Master Use • Derivative Works • Public Performance of Sound Recording DAT

How do you figure out how much a tangible mechanical license will cost?

Statutory Rate periodically set by the Copyright Royalty Board. 

For songs under five minutes, multiply the per song rate by the number of copies. 

For a song over five minutes, multiply the per minute statutory rate by the rounded up length of the sound recording — then multiply by the number of copies being made.

When suing for copyright infringement of the composition, what must the plaintiff be able to prove to have the best chance of winning their case? (5)

Originality

Proof of Ownership

Proof of Copying

Access - Similarity

Amount Used/Importance to song