Music Law Fundamentals

PROPOSED CONTENTS: INTRODUCTION ARTIST BUSINESS ORGANIZATION Solo Artist Sole Proprietorship Incorporation Music Groups Informal Partnerships Formal Partnership Agreements Capital Contributions Profits, Losses and Drawing Accounts Voting Rights Intellectual Property Rights Tangible Assets Solo Projects Death and Disability New Members Leaving Members Expulsion Group Breakups Incorporation Mixing Legal Entities Taxes Insurance Minor's Agreements Sideplayers Recording Sessions Tours Role of Unions Rights in Artist and Band Names Trademarks and Service Marks Right of Publicity First Amendment Defenses Rights Among Group Members Informal Agreements Formal Agreements Rights Between Different Bands Name Searches Geographic Considerations Abandonment Producer and Record Company Rights Trademark Registration State Registration Federal Registration Unregistered Trademarks Trademark Infringement Actions Endorsement Deals Bankruptcy Dispute Resolution Immigration Issues ARTIST REPRESENTATIVES Personal Management Agreements Engagement Clause Term of Agreement Manager's Authority and Obligations Manager's Compensation Manager's Expenses Power of Attorney Handling of Artist Revenues Loans/Advances to Artist Conflicts of Interest Manager's Non-Exclusivity Assignment/Key Person Clause Termination of Agreement Talent License Issues Business Management Agreements Attorneys Retainer Agreements and Fees Conflicts of Interest Booking Agent Agreement with Artist Term of Agreement Scope Agent's Commission Artist Exclusivity Key Person Clause Termination of Agreement LIVE PERFORMANCES Booking Agent/Concert Promoter Agreements Talent Booking Agreements Date of Show Length of Performance Location Artist Fee and Method of Payment Artist Billing Advertising Insurance Dressing Room and Food Provisions Lighting and Sound Load-Ins and Load-Outs Merchandising Soundchecks Ticket Accounting Audience Member Injuries Tour Sponsorships Benefit Concert Issues ARTIST MERCHANDISING Tour Merchandising and Retail Merchandising Agreements Term of Agreement Territory Scope of Rights Advances Royalties Reserves Exclusivit y Artist Approval Ownership of Copyrights and Trademarks Bootlegging Issues COPYRIGHTS What Is Copyrightable Basic Rights in Copyright Works Common Law vs. Federal Law Term of Copyright Copyright Notices Copyright Forms Effect of Registration Joint Work Issues Works Made for Hire Types of Copyright Licenses Statutory Royalty Rates Oral vs. Written Copyright Transfers Termination of Copyright Transfers Copyright Renewals Public Domain Works Civil Infringement Actions Filing Suit Burden of Proof Defenses Trial Proceedings Relief and Damages Attorney Fees Settlement Agreements Criminal Copyright Provisions Sampling Issues Digital Rights Laws International Copyright Issues MUSIC PUBLISHING Music Publishing Revenue Sources Mechanical Rights Performing Rights Grand Rights Print Income Film, TV, Home Videos and DVDs Advertising Internet Income Songwriter Single Song and Term Agreements Contract Period Songwriter Exclusivity Song Delivery Requirements Ownership of Copyrights Copyright Reversion Advances Royalty Percentages Lyric Liabilities Film and TV Composer Agreements Artist Publishing Companies Co-Publishing Agreements Music Publishing Administration Foreign Subpublishing Music Publishing Catalog Purchases and Sales RECORDING CONCERNS Demo Recording Agreements Investors Production Companies Recording Studios Record Companies Tape Shopping Agreements Producer Agreements Independent Label and Major Label Agreements Term of Agreement Artist Services Territory Recording Commitment Recording Procedure and Budgets Creative Control Delivery Requirements Product Release Obligations Advances and Recoupment Royalty Percentages Reserves and Returns Music Publishing Controlled Compositions Re-Recording Restrictions Ownership of Master Recordings Record Clubs Greatest Hits Albums Promotional Activities Merchandising Rights Group Provisions New Technologies/Digital Downloading Artist Web Site Rights Music Videos Tour Support Insurance Contract Suspension and Cure Record Executive Compensation Agreements Artist/Record Company Joint Ventures Record Pressing and Distribution Agreements Sound Recording Licensing Internet Distribution Sound Recording Catalog Purchases and Sales ROYALTY ACCOUNTINGS, AUDITS AND CLAIMS Contract Audit Clauses Interpreting Royalty Statements Conducting Audits Pursuing Claims PIRACY CONCERNS Counterfeiting Bootlegging Internet Anti-Piracy Enforcement Penalties BOOK INDEX