what is a music lawyer

by Elliot Bednar 10 min read

Do you need a lawyer for the music industry?

Jan 13, 2019 · Music lawyers are under the umbrella of entertainment law, and many specialize in a certain part of the music industry. Understanding what you need legal help with will make it easier for you to find a lawyer who is up to the task. Knowing whether you are looking to build a long-term relationship with a lawyer is also something to consider.

What is music law?

Music lawyers, also called Entertainment lawyers, specialize in the area of the law that deals with the entertainment industry. While many of these lawyers also work with laws pertaining to television, movies and other entertainment media, some of these attorneys focus their efforts specifically on the field of music.

What does an entertainment lawyer do?

Music law is a sub-species of what is know as entertainment law. The term music law is essentially a sub-species of what is known more generally as entertainment law. Entertainment law is the body of law and legal principles that have developed and evolved in the course of conducting the businesses which are known as branches of the entertainment industry.

What degree do I need to be an entertainment lawyer?

Jul 03, 2020 · Music Industry Lawyers handle many different aspects of their clients’ business. They draft and review touring, music distribution, music publishing and recording contracts for artists. Sometimes they handle intellectual property disputes, such as when one artist accuses another of sampling their work without licensing it or of ripping off their melody or lyrics.

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What thing do music lawyers deal with?

A music lawyer is a specialized attorney who deals with legal issues surrounding the music industry. They are trained to handle a wide range of legal issues, like contract management, copyright claims, trademark disputes, artist representation, and many more.

What is a music lawyer called?

Entertainment AttorneyEntertainment Attorneys handle all legal matters for musicians. This includes contractual agreements, negotiating, advice, and counseling.Jul 3, 2020

Why do you need a music lawyer?

If someone wants to license your song to use in an ad, movie, or other production, hire a lawyer. This way you can be sure they're not using your song in something you don't want to be associated with. It also ensures you'll be compensated fairly.

What does an artist lawyer do?

Art attorneys advise on the various art specific laws that exist at the state and federal level and affect the relationships and transactions among collectors, artists, dealers, and other art world participants.

What is the highest paid lawyer?

Medical lawyers are among the highest-paid types of lawyers and earn one of the highest median salaries in the legal field.

How much does a music lawyer cost?

Typically, a music lawyer will charge 5%. It could be 5% of a specific contract or 5% of your earnings from the music and entertainment business and your fee agreement should be clear on this.Jan 8, 2018

Do artists have lawyers?

Most artists begin relationships with lawyers when something catastrophic happens. Don't wait! It's much better to find a lawyer before you find yourself in hot water. From trademark dilemmas to litigation woes, it's important for artists to know when and why to consult a lawyer.

What percentage of music artists gross income from work generated by the agency or otherwise eligible for commission do national booking agencies generally take?

What is the most common commission cap range that artist unions impose on agents? What percent of the music artist's gross income from work generated by the agency or otherwise eligible for commission do national booking agents generally take? 10%?

What is the lowest salary of a lawyer?

The Low, Median and High Salaries for Lawyers The median lawyer salary was $122,960, meaning half earned less than this amount and half earned more. The lowest 10 percent earned below $59,670, while the highest 10 percent of earners brought in more than $186,350.

How do you become an entertainment lawyer?

How to Become an Entertainment Lawyer?Step 1: Earn a Bachelor's Degree.Step 2: Take the LSAT Exam.Step 3: Get a Law Degree.Step 4: Enrol in the Bar Council.Step 5: Start with Internship and Explore Job Opportunities.Step 6: Continue Your Education.Diploma in Media Law.PG 1- Year Diploma in Media Law.More items...•Nov 5, 2021

Are lawyers in demand?

In Alberta, the 4112: Lawyers and Quebec notaries occupational group is expected to have an above-average annual growth of 2% from 2019 to 2023. In addition to job openings created by employment turnover, 231 new positions are forecasted to be created within this occupational group each year.

What is music law?

Music law includes any laws of any kind that apply to the business of creating, selling, performing and listening to music. Music law is a part of entertainment law.

Why is music law important?

Music law is important to creating and performing music . Music lawyers do their part to help their clients understand the laws and protect their interests. While the music industry primarily involves licensing and contract law, music law may involve a number of different types of law that are all a part of creating and performing music.

Why are contracts important in music?

Many performers and event producers are independent contractors, and music producers rely on distributors to sell their work. For all of these people in the music industry, contracts are important to make sure that everyone involved has clear expectations. Even consumers use contract law in the music industry. Anyone who buys a subscription to a music service or even buys a concert ticket has some interaction with music-related contract law.

What are the entities that broadcast music?

There are many entities that broadcast music. Radio stations, television stations, bars, restaurants and even schools broadcast music or perform it live. There are music laws that determine what a person or group must do in order to broadcast or perform music. Because the creator of a musical work gets a copyright for the work, ...

Do musicians need a visa to travel to another country?

To enter the United States, non-citizen musicians generally need one of a number of different P category visas depending on the nature of their work. Music lawyers must help their clients secure the visas that they need in order to enter the country for their intended purpose.

Is music a federal or state law?

Music laws may be federal, state and local. There are a number of federal laws that impact the music industry. There are also state laws that may vary from one state to another. Even a local authority like a municipality may make a law that impacts the music industry. Music attorneys must be careful to look at all sources ...

Can you buy sheet music without a license?

Buying the sheet music alone doesn’t give a consumer the right to perform a musical work. Instead, the purchaser needs a license to perform the work live. Exceptions to licensing requirements are called Fair Use. The courts look at fair use exceptions on a case by case basis in order to determine whether the performer violates licensing laws by performing the work without a license. Some fair use exceptions include:

How to maintain a relationship with a lawyer?

The number one key to maintaining a relationship with your lawyer is to keep the communication going. Be extremely clear about what you want, and if you don’t understand something, ask the lawyer to explain. Do as much reading on the subject as you can so you’re able to actually participate in the discussion and understand the impact of the decisions. Remember – this is your career, and you want to make sure you know exactly what you’re getting into, especially before signing any kind of contract. The more you personally know, the better decisions you can make.

What to do if a lawyer has never done what you need him or her to do?

If a lawyer has never done what you need him or her to do, you may end up paying for the hours spent learning the subject . Try to get a list of musicians he or she has worked with. These are people you could call up for references. You also want to get a feel for the lawyer’s payment system.

Can a lawyer hold the label's interests above yours?

In this case, the lawyer could hold the label’s interests above yours.

Is it worth consulting a lawyer about a band name?

It’s probably not worth your time or money to consult a lawyer when choosing a band name or drafting an internal band contract. You can do this on your own with a little research on Google and the US Trademark Office. You can even register your own copyrights on the US Copyright Office’s website.

Do lawyers pay retainers upfront?

Often, you’ll pay a retainer upfront, which is what the lawyer's payments will come out of. Larger firms will charge higher fees but may also have more experience. In contrast, smaller firms may be able to provide you with more personal attention and place higher priority on your issue.

What does a music lawyer do?

For superstar level clients, the Music Lawyer may also assist in licensing their image for merchandising purposes or handling the paperwork on sponsorship/endorsement deals. They may even get involved in non-business legal matters , such as prenuptial agreements or divorce settlements.

What do entertainment lawyers major in?

Many Entertainment Lawyers majored in Legal Studies or Music Industry Studies as undergraduates. A degree in Music Industry Studies or something similar can give the future Lawyer an understanding of the many areas of the music business before they hunker down and dive deep into the law at law school.

What is entertainment attorney?

Entertainment Attorneys help their clients to understand legal agreements, ensuring that the terms are in their clients’ best interests. They work with Recording Groups, Record Producers, Songwriters, Music Publishers, Record Label Executives, Music Producers, and Composers. They negotiate recording, merchandising, touring and publishing contracts, as well as Producer agreements.

How much do entertainment attorneys make?

Entertainment Attorney salaries can range from $77,000 to $186,000. Moo says “there are a couple different ways” Entertainment Attorneys are paid. “The flat fee for reviewing contracts is the most common because it’s the most affordable, especially for newer musicians.

What do people think of entertainment attorneys?

When most people think of Entertainment Attorneys they envision a flashy, high-powered office and an intense workload. While this is certainly the case at many big-name firms, other Attorneys find this type of corporate environment doesn’t sit well with their creative clients.

What is the best book about music?

There’s a great book called All You Need to Know About the Music Business by Donald Passman. That’s a terrific book to read because it gives a real overview of how the industry is. Figure out what kind of music you like. If you can find great music and bring it to a company or develop it yourself that’s super valuable.

Do entertainment law firms have business hours?

Most entertainment law firms have set business hours, yet at the same time Attorneys have to be willing to put in the work whenever it’s necessary, whether that means studying contracts over the weekend or meeting clients for dinner. “I do stuff when I need to do stuff,” Moo says.

What is music law?

Music law governs the activities of musicians, record producers, and those working on behalf of recording companies. A number of legal issues often occur during the execution of entertainment deals and other business transactions. These issues include recording contracts, copyright issues, royalties, compulsory cover licensing, and more.

How long does copyright last after writing music?

The copyright remains in effect for 70 years after ...

Do music publishers monitor copyrights?

Thus, music publishers monitor copyrights carefully to make sure that infringements do not occur. Someone working in the field of music publishing will often assist composers and songwriters with protection and promotion of their music, freeing the artists to create more music.

Is music a public domain?

According to this law, music and songs published prior to 1923 are considered to be part of the public domain. This means that these artistic works are no longer protected by copyright. Copyright infringement is the unauthorized or prohibited use of protected material.

Can music publishers copyright music?

Music publishers may actively register copyrights for new creative works, grant licenses for reproduction of musical scores, negotiate and arrange commissions for artists, watch for copyright infringement, arrange royalties for artists, and move forward with legal action if a copyright is violated.

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Who Does Music Law Impact?

Federal, State and Local Laws May Apply

Licensing and Publishing

Broadcasting

Live Performance

Other Areas of Music Law

Who Practices Music Law?

  • Music lawyers are entertainment lawyers. They’re primarily contract lawyers, but they also work in all of the fields of law that music law may involve. Music lawyers also handle dispute resolution that may include formal litigation. While music lawyers work throughout the United States, they may concentrate in areas where musicians need their servi...
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Why Become A Music Lawyer?

Keeping The Beat with Music Law