Music Business/Law Tips - "Synch Tips"

An artist can increase the likelihood of getting their music placed in film, TV and commercials if they take care of the following first: 1. Make sure to own the copyrights for both the masters and the songs embodied on the masters so there is easy licensing. 2. Make sure the music is "claim" and "sample free" (i.e., all legal issues/permissions/clearances have been worked out in advance). 3. Make sure that the person "pitching" has the authority to act as an agent (administrator) on behalf of all the copyrights. Ben McLane Esq benmclane.com

Music Business/Law Tips - "Neighboring Rights"

“Neighboring Rights” mean an artist is entitled to royalty payments for the public performance of masters in key foreign (i.e., non-US) countries. This form of royalty is payable only to the record label (50%) and the performers on the master (the other 50%). It does not pay the songwriters whose songs are embodied on the masters. Money is collected from performances of the master on/in foreign radio, TV, theaters, clubs and restaurants. For an American artist to be eligible to collect, the master must have been recorded in a participating foreign country (e.g., the UK). A record recorded in the US generally does not qualify. Like joining BMI or ASCAP to collect songwriting performance income, an artist must join a foreign neighboring rights collection society to get paid. One of the best known ones is the Dutch society called SENA [http://sena.nl]. Ben McLane Esq Benmclane.com

Music Business/Law Tips - "ISRC Codes"

ISRC stands for International Standard Recording Code, and is like a bar code for recorded music that identifies songs and videos worldwide sold in the digital realm, and helps tracks digital sales/royalties. It is required to have an ISRC code to sell on iTunes and to chart in Billboard. Each song on an album (or each single) has to have its own ISRC code. You can get ISRC codes here: www.isrcmusiccodes.com (the current cost is $32/song). Don’t forget you still need a separate bar code to sell a physical CD. Ben McLane Esq Benmclane.com

Music Business/Law Tips - "Fan Discovery"

It is important for an artist and his/her music to be discovered by the masses to create fans who will buy their art. The Internet allows for anyone to put themselves in a position to be discovered, but there are a few key things that must be in place: 1. Create multiple sites. The main ones would be a website, a Facebook page, a Twitter page, and a YouTube channel. 2. Add the necessary info/content to the sites. At a minimum make sure there is music, videos, photos, a bio, and show info. And make sure the metadata is correct and consistent across all sites. Ben McLane Esq benmclane.com

Music Business/Law Tips - "Poor Man’s Copyright”

Emailing or snail-mailing yourself a copy of your music (or other creative work) is what many people refer to as a so-called "poor-man's" copyright. However, the "poor man's copyright" has never been a part of the US copyright law, nor is it recognized by law. Hence, it's not a substitute for formal copyright registration. Technically, a copyright is created under the law when an original creative work like a song is embodied in a fixed format, such as CD or a lyric sheet. However, by taking the extra step of timely registering the song/copyright with the US Copyright Office, the creator gains extra important rights/benefits, the biggest one being the ability to bring a copyright infringement lawsuit for statutory damages which can be up to $150,000 per infringement, plus attorneys fees. None of these benefits apply to a “poor man’s copyright”, so its best to spend a few extra dollars to protect your valuable rights. Ben McLane Esq Benmclane.com

Music Business/Law Tips - "De Minimis/Fair Use vs Samples"

A common myth is that one can sample a “tiny piece” (i.e. de minimis) of someone else’s music without permission. This is not legally correct. When someone samples any portion of someone else's music without proper authorization, it gives rise to a cause of action for copyright infringement. The copyright owner has every right to sue, and if they timely registered their copyrights, the statutory dollar damages could be quite high. If one wants to obtain the rights to sample existing music properly, one has to clear the rights to the music composition copyright; and, if one wants to use the sound recording, then the sound recording copyright has to be cleared as well (both copyrights). This can be a real pain and sometimes expensive. As for the related concept of "fair use," it's a defense that might be valid to defend against copyright infringement, but its difficult to prove. Sampling under fair use must be for the strict purposes of criticism, comment, news reporting, teaching, scholarship, or research. A court will weigh the following factors to evaluate whether there was an actual fair use: (1) the purpose & character of the use (i.e., was it for profit or education?); (2) whether the work been published already; (3) the amount and substantiality used; and (4) the harm done to the original copyright owner by the competing work. Bottom line: do not sample without securing the proper rights first. More often than not, music sampling is not protected by fair use; and even if it is, one still has to pay to prove/defend the argument in court. Best solution: create original music. Ben McLane Esq benmclane.com

Music Business/Law Tips - "Beware Samples In Music"

Uncleared samples are copyright infringement even for free promo uses. The owner of a copyright controls 6 exclusive rights: (1) The exclusive right to reproduce the work; (2) The exclusive right to distribute the work; (3) The exclusive right to perform the work; (4) The exclusive right to display the work; (5) The exclusive right to make derivatives (copies) of the work; and (6) The exclusive right to digitally transmit the work. Hence, if you incorporate uncleared samples of someone else’s copyright into your music - even if you don't plan on selling your music/mixtapes (but just distribute them online/offline for free) - it's still considered copyright infringement. Whether its shared for free physically or online, the law is that only the copyright owner has the right – or to give a third party permission – to reproduce, distribute, and make derivatives of their music. While some new/unknown artists might not get upset if they see that you used an uncleared mashup/mixtape/sampled song or master recording of their music and shared it for free, they absolutely have the right to prevent you from doing so/stop you. Clearly, a famous artist will take action and may seek damages. Bottom line - always get permission to use someone else’s music. Ben McLane Esq Benmclane.com