who would a musician need a lawyer

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 in the music industry?

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.

Do you need an entertainment lawyer?

Do you need an entertainment lawyer on a one-time basis, or do you need to keep a lawyer on retainer? If you're new to the business and this is your first contract, you probably don't need to put a lawyer on a (costly) retainer.

Should I hire a lawyer?

If you get a bad feeling or just don't hit it off with a candidate, don't feel any obligation to hire them. After you have had your initial meetings with your short list, choose the lawyer that has the skills for your particular case at a price you can afford. It is also important that you feel comfortable with your lawyer.

Do you need a license to perform music?

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, people who want to broadcast a work or perform it live usually must have a license from the owner. There are some important exemptions.

What to Know Before You Seek an Attorney to Represent You

Heather McDonald wrote about music careers for The Balance Careers. She has worked in the music industry for over two decades.

Determine Your Needs

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.

How to Find a Lawyer

Once you know what you need from a lawyer, start asking those in your music industry circles. You are almost certain to know someone who has had to visit a lawyer for a music industry issue before.

Meet With Your Short List

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.

How much does it cost to register a trademark?

Unfortunately, registering a trademark is pretty expensive. Without legal counsel it costs $275, but it’s strongly recommended you hire a lawyer. Again, there is a lot of legal jargon to sift through and it’s worth covering all your bases.

Can you sign a management deal without a lawyer?

Never, ever, ever sign a management deal without having a lawyer go over it and explain it. The language is very dense and difficult to understand and most importantly, the clauses within them will affect your career for literally years.

Is it a bad idea to sign an agreement between band members?

It’s never a bad idea to sign an agreement between band members regarding a few key issues. Principally, who owns the copyright on the songs, how royalties are distributed, and who owns the band name are the matters at stake.

Know what you need from music lawyers

One artist might need a music lawyer to find their first deal, whereas another artist might need legal support to try and nullify a bad one.

Ask for recommendations

Business has no room for blind trust. Leverage an internet connection to unearth background info on lawyers. Research their credentials before agreeing to work together. Cordially request references from the professional in question. Katz agrees: You can never be too careful.

Come to meetings prepared

Artists might benefit from thinking about legal meetings like studio sessions. Prepping for attorney talks is akin to writing a song before visiting the vocal booth. Productivity rises and project costs fall when you work ahead.

Learn the norms of legal fees

No one ever appreciates a ripoff. It’s crucial to set accurate expectations for yourself before discussing money with an attorney. Lawyers normally receive five percent of a client artist’s net earnings (money an artist takes home after distribution fees, label fees, collaborator splits, etc.) from a project they work on. Katz explains:

What happens when you have a fan?

Unfortunately, at some stage in your career, you may find yourself in a situation where it all hits the fan – someone may be holding off payment for some work you did, your relationship with your manager/artist may have broken down, or you may have received an aggressive letter from lawyers acting another person.

What does a lawyer do?

A lawyer will be able to review a contract you have been asked to sign (by a record label or publishing company for example) and explain each clause of the agreement to ensure you understand them. Your lawyer will also let you know if the terms of the contract are industry standard, or if there is anything unusually restrictive which you would need to negotiate down.

What is the role of a music lawyer?

Whatever your role within the music industry, you will usually be looking to your lawyer for three things: advice on contracts, litigation, and general advice and support.

Is it good to have a lawyer's contact info?

It is also generally good to have the contact details of a lawyer somewhere in your files (even if it’s just on social media!), as you will sometimes need to act quickly on a deal and it will save you time if you already know a lawyer who specialises in the right area.

Is it good to have a good relationship with a lawyer?

Having a generally good relationship with your lawyer can prove very useful, as they tend to be a good source for honest, independent advice on a range of issues. In an industry in which people often tell you what you want to hear, having a lawyer in your corner telling you what you need to know can prove invaluable.

Protect your brand

One of the first steps that you'll need to do in your music career would be to create a stage name and an exciting logo. This will be your brand, your IP that you'll be associated with throughout your career.

Know and understand your intellectual property

Each track that you create will include several copyrights. For instance, a song will likely attract literary copyright in the lyrics and musical copyright in the music. If you're recording a song, separate copyright should exist in the sound recording.

Setting your relationship with your manager right

A management contract will be one of the most important and personal contracts that you'll ever sign in your entire career. Your manager could end up being one of the most important members of your team, the one who will guide you through your career, take your music to the next level.

Clearing samples

With the immense popularity of music samples soaring with time, it has become more important than ever to make sure that you're legally allowed to use a music sample by clearing it correctly.

Closing out the deal

It might come as a huge surprise but the response from artists, when they enter into a contractual dispute, is that they thought they understood the situation perfectly fine, they were explained the prospect over a few drinks, or they were friends so they thought the other person might not cheat them.

Conclusion: The Final Verdict

These were some of the reasons why you need to hire a music lawyer and take advice from them throughout your career.

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 does a radio station pay for?

For example, a radio or television station typically pays the music owner for non-exclusive rights to the work. The cost of a radio station’s license depends on the size of its audience, the station’s revenues and how often the station plays the music. A music owner may ask for reports on when the station plays the work.

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, ...

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.

Do you need a copyright to broadcast a musical?

Because the creator of a musical work gets a copyright for the work, people who want to broadcast a work or perform it live usually must have a license from the owner. There are some important exemptions. Music attorneys may advise their clients as to whether they need a license for what they want to do.

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.

What is a music attorney?

Music attorneys generally fall into two categories: litigators or transactional attorneys. Litigators are hired to represent individuals and companies involved in the music business in court, arbitration and mediation. For instance, if you are owed money on a contract or you have a copyright infringement case.

How do music attorneys get paid?

Music attorneys are paid in several different ways: A. By the hour: Under this arrangement, the attorney will bill you by the hour (or part of an hour), with an upfront deposit (retainer).

What are some examples of music lawyers?

Some examples: recording, music publishing and songwriter contracts, management or music producer agreements, and touring and merchandising agreements. Some music lawyers do both litigation and transaction work, but most are one or the other. A few music attorneys may be willing to “shop” an artist, meaning they will look for a recording ...

Where can I find a music lawyer?

Most of the music attorneys are in New York and Los Angeles, but you can also find them in places like San Francisco, Nashville, Miami, Chicago, Minneapolis and Toronto. One of the best ways to find a music lawyer is by referrals from friends and relatives or from people you trust in the music business. You can also research music attorneys online.

Who is Glen Litwaak?

GLENN LITWAK is a veteran music and entertainment attorney based in Santa Monica, CA. He has represented platinum-selling recording artists, Grammy-winning music producers and hit songwriters as well as management and production companies, managers, music publishers and independent record labels.

Can I terminate my music attorney?

You can terminate your music attorney for a good reason, a bad reason or no reason. But you will be liable for the attorney fees up to the date of discharge. If you decide on termination you should do it in writing and make arrangements to pick up your file.