Music Law

Home » Blog Large » Music Law

The Magic Bubble Bursts: Did the Record Labels make their own grave?

For almost a decade now, the major labels (at the beginning there were five of them, now only four, EMI, Sony BMG, Vivendi Universal and Warner) have declared that illegal downloading is ravaging their business by destroying the sales of physical product.  One may question this declaration, however, in few of the fact that ever [...]

By | December 3rd, 2007|Digital Downloads, Entertainment Law, Life on the Row, Music Law, RIAA|Comments Off on The Magic Bubble Bursts: Did the Record Labels make their own grave?

Music Publishing 101, Part 4: Show me the money!

Section 106 of the Copyright Act gives the owner of a copyright a bundle of rights which includes the rights to 1) reproduce the work, 2) prepare derivative works, 3) distribute copies of the works, 4) publicly perform the work and 5) publicly display the work.  All of the music publisher's income flows from this [...]

By | November 29th, 2007|Digital Downloads, Entertainment Law, Life on the Row, Music Law, Music Publishing, Songwriting|Comments Off on Music Publishing 101, Part 4: Show me the money!

Music Publishing 101, Part 3: Pieces of the Publishing Pie

Once a music publisher begins to receive income from the exploitation of the copyrights it has acquired, it must begin to distribute the income to the appropriate writers.  Understanding the basic principles of copyright ownership and royalty splits is fundamental to performing the task of distribution of income.  One device that is often used to [...]

By | November 28th, 2007|Client Activity, Entertainment Industry News, Life on the Row, Music Law, Music Publishing, Songwriting|Comments Off on Music Publishing 101, Part 3: Pieces of the Publishing Pie

Music Publishing 101, Part 2: Forming a publishing company

From a legal perspective, the formation of a music publishing company is, in most respects, very similar the formation of any other type of company, except that the documentation is tailored specifically for the business of music publishing.  The first step in the formation of any business, including a music publishing company, is to determine [...]

By | November 27th, 2007|Entertainment Industry News, Life on the Row, Music Law, Music Publishing, Songwriting|Comments Off on Music Publishing 101, Part 2: Forming a publishing company

Music Publishing 101, Part 1: A brief history

This blog series will explore music publishing, giving a little bit of history and outlining the basic steps necessary to form a music  publishing company.  Part 1 looks at a brief history and background of music publishing. Modern music publishing in the United States can trace its roots to "Tin Pan Alley," the name given [...]

By | November 26th, 2007|Entertainment Industry News, Life on the Row, Music Law, Music Publishing, Music Row News, Songwriting|Comments Off on Music Publishing 101, Part 1: A brief history

Return fire by the music industry – artists to testify before Senate

The Senate Judiciary Committee is holding a high-profile hearing  today on the subject of imposing additional performance royalties on so-called "over-the-air" or "terrestrial" radio stations (I'll just call them OTA's in this article).  Investigative hearings such as these are usually precursors to legislation being introduced on the subject.  Grammy winner, Lyle Lovett and Chicago-based singer-songwriter [...]

By | November 13th, 2007|Entertainment Industry News, Internet Law, Music Law|Comments Off on Return fire by the music industry – artists to testify before Senate

Copyright: it’s the end of the world as we know it.

Abraham Maslow’s famous “hierarchy of needs” places self-actualization as the pinnacle of human behavior.  To illustrate what the phrase "self-actualization" meant , Maslow said: “a musician must make music, an artist must paint, a poet must write, if they are to be ultimately at peace with themselves.”  Of course, the thing that is important to [...]

By | November 8th, 2007|Copyright Issues, Digital Downloads, Music Law|Comments Off on Copyright: it’s the end of the world as we know it.

New concurrent resolution, H.Con.Res. 244 introduced to combat performance fees for record labels

For years now, a huge battle has been brewing between proponents of performance royalties for the owners of sound recording copyrights to be paid by terrestrial radio stations (those broadcasting through the air) and it has been gathering steam in the last several months. The battle is being waged between the giants of industry,  the [...]

By | November 5th, 2007|Digital Downloads, Entertainment Industry News, Internet Law, Music Law, Music Row News|Comments Off on New concurrent resolution, H.Con.Res. 244 introduced to combat performance fees for record labels

Last Man Standing – collaborating with other songwriters

See Jane. See Jane write lyrics. See Dick. See Dick write melodies. See Dick meet Jane. See Dick and Jane combine their efforts and collaborate together to write a song. This is one frequent story among Nashville's songwriting community.  On any given afternoon in Nashville, there will be innumerable co-writing sessions occurring at any given [...]

By | November 2nd, 2007|Copyright Issues, Entertainment Industry News, Music Industry, Music Law, RIAA, Songwriting|Comments Off on Last Man Standing – collaborating with other songwriters

Courts taking a stricter look at evidence in RIAA downloading cases

There appears to be a slight ripple of a trend among courts to take a stricter look at the evidence being presented by the RIAA in its crusade against digital downloads, based primarily on the evidence of user names and IP addresses assembled by their expert consultants, MediaSentry.  In the RIAA's case against Jeff Dangler, [...]

By | October 30th, 2007|Copyright Issues, Digital Downloads, Entertainment Industry News, Internet Law, Music Law, Music Row News|Comments Off on Courts taking a stricter look at evidence in RIAA downloading cases