when to hire lawyer record label

If you're entering into any kind of deal in the music industry where money and contracts are involved, you should probably hire an entertainment or music lawyer. You're looking for someone who specializes in things like record label contracts, and who knows the industry.

Full Answer

Do I need a lawyer to manage my record label?

That kind of arrangement is more appropriate for a label managing multiple artists, or someone negotiating numerous contracts with different parties. Maybe you need help with contract negotiation or dealing with intellectual property issues. If you're not sure, better to get a lawyer to find out.

Should I hire a lawyer for my music career?

Heather McDonald wrote about music careers for The Balance Careers. She has worked in the music industry for over two decades. If you're entering into any kind of deal in the music industry where money and contracts are involved, you should probably hire an entertainment or music lawyer.

What should I look for when hiring an entertainment lawyer?

You're looking for someone who specializes in things like record label contracts, and who knows the industry. Finding an entertainment lawyer for the first time can be a little overwhelming, but it is possible to find one who understands your needs and your budget.

What should you look for when hiring a lawyer?

Whether you do it by phone or in person, have a brief question and answer session with your short list of lawyers. Find out what they specialize in, how soon they can work on your case, how much they charge and what their payment terms are. If you get a bad feeling or just don't hit it off with a candidate, don't feel any obligation to hire them.

What does a lawyer at a record label do?

A record label lawyer is responsible for overseeing the legality of contracts and other transactions between musicians and the parties who pay them. They can negotiate contracts between artists and record companies, as well as copyright agreements and other binding documents.

Why do artist need lawyers?

Trademark and Copyright - Prevent Others From Using Your Work. Artists need help doing a trademark or copyright. They need that type of advice from a lawyer or they can find themselves in litigation. People will also take artists' art, design, or photos and post them on social media channels or web pages.

What do I need to know before signing a record deal?

5 Tips Every Artist Must Know Before Signing Their First Record...Watch out for contracts with an initial term lasting more than one year. ... Get a release commitment. ... Make sure your royalty rate is reasonable. ... Watch out for hidden royalty deductions. ... Make sure you can audit the record label on royalty payments.

How do you negotiate with a record label?

Knowing the key areas to negotiate can continue to protect your interests throughout your music career.Agree on Obligations. ... Duration of the Record Contract. ... Agree on Royalties. ... Set Termination Clauses. ... Discuss Any Limitations for the Artist. ... Other Aspects to Consider When Negotiating a Record Contract.

How much do art lawyers make?

The salaries of Art Lawyers in the US range from $16,565 to $441,998 , with a median salary of $79,440 . The middle 57% of Art Lawyers makes between $79,442 and $199,923, with the top 86% making $441,998.

How much is the average record deal?

Per IFPI, a record label will typically invest anywhere from $500,000 to $2,000,000 in a newly signed artist. That's a wide spread to be sure, and a large amount of money from the perspective of most.

Is a record deal worth it?

A Record Deal Can Make COST A Fortune. When you sign a major label record deal, you are often signing away the possibility of making any money off of record sales. Seems kind of backwards, right? According to TheRoot, for every $1000 in music sold, the average contracted recording artist makes about $23.40.

What is a 50/50 record deal?

In a production deal, the artist usually signs a 50/50 deal with a single producer. The producer agrees to produce one or more of an artist's album in entirety but retains 100% ownership of the master recordings.

Do record labels ask for money upfront?

The answer is, generally, no. Record labels are the ones pouring money into the artist. They are doing all of this work upfront to hopefully make money off of you eventually; they're not doing it for free. But they do not typically ask you for any money upfront; this is likely the preposition of a scammer!

What's a 369 deal?

360 Deals are exclusive recording artist contracts that entitle a record label to a percentage of earnings from all of an artist's revenue streams, rather than just recorded music sales.

What percentage does a record label take from the artist?

Record Label Royalties As a quick reference, record labels can keep a cut anywhere from 50-90% of your earnings. It is an industry norm for a new artist to only receive 10-16% of their sales.

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When do you need to hire a music lawyer?

In this Record Label Quick Tip, I talk about how to know when it’s the right time to hire a music attorney.

Is it a good idea to ask your peers in our music community?

It’s a good idea to ask your peers in our music community or ask around in the music community of your hometown.

1. Physical Availability

You need to choose a Registered Agent with a known and verifiable office address. More importantly, the office should be open during office hours. This is to be sure that documents delivered during working hours will be given proper attention.

2. Presence In Multiple States

As an indie record label, we’ll advise that you settle for a registered agent with physical offices in numerous states. In the absence that it does not, it should at least have the capability to provide you with a registered agent if you expand to other states.

How long does a record label have to sign a contract?

The terms and duration of a recording contract will vary by situation and record label. A common practice may be to sign a contract for an initial period of 12 months for the making of a first album. This may be followed by option periods, often in 12 month increments, that allows the record label to extend the contract should they wish to do so. The artist will usually be required to produce a certain number of tracks, determined by a reasonable industry standard.

What does a recording label use?

Recording labels use attorneys to draft their contracts, so their rights are automatically reviewed and protected. A contract lawyer can assist you if there is a violation or breach of your recording contract, whether you are the breaching or non-breaching party.

What are Important Factors to Consider when Negotiating a Record Contract?

There are many components to consider and negotiate when entering into a record contract. These may include, but are not limited to:

Who Owns the Artist’s Music?

An artist’s music, or song, can be referred to as a master, or the underlying rights to a song. A master recording is the original version of a song. The owner of the master has control over financial gains from the recordings. In many cases, record contracts are structured so the label, not the artist, owns the masters of all songs created during the contract duration. In return, an artist often receives an advance and a royalty percentage from any profits made from the songs.

What is a lawsuit in entertainment law?

A lawsuit may be filed as a result of a breach of violation of the contract. Entertainment law may provide remedies for the aggrieved party, or non-breaching party. In some cases, a monetary damages award may be available to the non-breaching party.

What happens if a recording artist breaches a contract?

Should the recording artist breach the contract, damages may be available to the recording label. These may include lost profits, loss of business opportunities, and/or other losses that occurred as a result of the breach. In order to recover, the damages must be real, not imaginary, and must include a quantifiable dollar amount.

Why is a recording contract important?

Recording contracts are very important for the success of the recording artist and the music production company. In most cases, the recording label will have legal representation when entering into a contract with a recording artist.

What is a lawyer's track record?

A lawyer’s track record is a clear indicator of how good an attorney is at their job. That’s why it’s so important to look at your lawyer’s track record before you get one for the job. However, not everyone knows how to do so. Here’s how to research an attorney track record before you sign any retainer agreement and get trusted personal attorney.

What does Google do for lawyers?

Google will bring you all the relevant information about the lawyer. This includes any news stories, online reviews, or publications relating to the lawyer and, most importantly, the attorney track record.

Does Google bring you information about a lawyer?

Google will bring you all the relevant information about the lawyer. This includes any news stories, online reviews, or publications relating to the lawyer and , most importantly , the attorney track record. The downside to Googling your lawyer is that it might take you a while before you actually find any relevant information.

Do state bar associations keep up with ethical violations?

That’s because the state bar associations keep up-to-date and accurate records on any ethical violations by their lawyers. However, any ethical violation doesn’t necessarily denote a bad lawyer; it just means the lawyer violated an ethical code.

Is it bad to googling a lawyer?

The downside to Googling your lawyer is that it might take you a while before you actually find any relevant information. This is especially true if you’re googling the lawyer by name.