Let’s face it: ‘metaverse’ has become an annoying buzzword over the last few years (although the term originated in 1992 in the science fiction novel Snow Crash). When most of us hear the word ‘metaverse’, one or more of the following might come to mind: (1) it refers to something that “is coming” (or probably […]
Introduction Two or more songwriters sit down… armed with guitars and a notepad… intending to change the world with a great song (or at least make some money). Whether songwriters co-write with their co-writer(s) in a living room, spontaneously in the studio, during a song camp, or via Zoom, it is critical that they consider […]
Being presented with a contract in the music industry, whether a big deal or small, can be both exciting and anxiety inducing. There are many different types of deals you might see throughout your career in the music business, such as management, recording, distribution, publishing, etc. These contracts can be long, complex, and filled with annoyingly dense legalese. However, when presented with a music contract, take a deep breath, and start by asking yourself the following 5 questions, which will help you assess the contract at the early stages (although not a replacement to having a music lawyer review in detail!).
Subject to granting an assignment of copyright/license to a music publisher or record label, the author of the musical work (i.e. songwriter) will generally be the owner of the musical work copyright, while the performer of the song on the record and/or producer will generally be the owner of the sound recording copyright (referred to as the “maker” under the Copyright Act).
A simple conversation with a lawyer who has experience in the music business can assist in flagging potential issues and provide useful information and guidance as you navigate through this complex and dynamic terrain, whether as an artist or industry professional (or both).
This article focuses on some common provisions within recording agreements and tips to consider. Of course, this overview is only meant to scratch the surface as there are many more issues to consider in every deal. Furthermore, there is no “one size fits all” recording agreement, so artists should always contact an entertainment lawyer before signing anything.
When determining whether to sign a recording agreement, artists should have a basic understanding of both the current state of the recorded music business and the record contract itself. You could have a great record contract/deal, but if paired with little understanding of the record business, where the business is going, and how you fit (or see yourself fitting) within that business, the result could be disappointing.
A well drafted band agreement is critical to ensuring all band members are on the same page from the beginning and will hopefully assist in avoiding disputes altogether, or provide swift clarity in the event a dispute arises.
Whether you co-write with your co-writer(s) in your living room, spontaneously in the studio, during a song camp, or via Zoom, you need to consider all the ‘legal stuff’. Halifax entertainment lawyer Matthew Gorman breaks down some key legal points when it comes to co-writing songs.