Music Business/Law Tip - "Key Ways To Protect Essential Rights"

The following are key ways to protect one's rights/avoid misunderstandings to maximize profits in the entertainment field: 1. File for a trademark (name and likeness) 2. File for a copyright 3. Register with ASCAP, BMI or SESAC 4. Register with SoundExchange 5. Work out a band partnership agreement 6. In record or publishing deals retain as many rights/as much control as possible 7. In an investor agreement retain as many rights/as much control as possible Ben McLane Esq benmclane.com

Music Business/Law Tip - "Top 10 Artist Marketing Necessities"

In order to make it an artist needs the following: 1. Hit songs 2. Identifiable image 3. Unique sound 4. Fans 5. Be multi-faceted 6. Be a hustler 7. Have a great team of advisors 8. Tour 9. PR (press) 10. Social networking Ben McLane Esq benmclane.com

Music Business/Law Tips - "Self Promotion"

Marketing and promotion is imperative to this industry at all levels. If you are really serious you have to hire someone good to do PR. You need to play as much as possible in your region (and beyond within driving distance to hit new audiences/cities), and really do a lot of internet promo which is very possible and affordable for an indie artist these days. Lots of YouTube videos are also great as they can go viral (can be you live or in your room). When you are indie you can do more grass roots things and then you will start to bubble up and the mainstream pays more attention if you are really good and the public starts to react. Some specific things I recommend you do: 1. Get the Film/TV Music Guide from musicregistry.com and try hitting up some music supervisors. 2. Try to co-opt the similar-sounding "famous" artists fans by studying how those artists market themselves and who their fans are. Try to hit up blogs that will feature/mention you [check out hypem.com for genre blogs] and hit up those blogs and hopefully if your name and music is out there enough on the web when someone listens to a similar-sounding famous artist you will come up as a "recommendation" for a fan to check out if they like that they will like you sort of thing. 3. Hire someone good to do PR over an extended period - more press/exposure is always good. 4. Tour/play as much as possible. Maybe go to LA, NYC or Nashville for a music conference to meet more people and play a club and meet other artists and business folks that work in your genre. Ben McLane Esq benmclane.com

Music Business/Law Tips - "Copyright Action Basics"

If one feels they have a copyright infringement action, they must evaluate the following basic information before moving forward: 1. The term of copyright in general is life of the author (or co-authors) + 70 years from date of death of last surviving author. Publication does not matter under the 1978 Copyright Act (which applies to any song written after 1/1/78) unless its a song written for a corporation. 2. The term "statute of limitations" means how long someone has to file a legal claim once there has been an illegal act (like an infringement) committed. Under the Copyright Act, the statute of limitations is 3 years from the "discovery" of the claim. After the deadline, any right to file an action is waived. The above laws apply regardless of whether the song was "produced" or not, "performed" or not, whether the writer is "known" or not, or (with some exceptions) whether there was any "work for hire" contract in place or not. Ben McLane Esq benmclane.com

Music Business/Law Tips - "Income From Commercials"

If you can get your music into commercials, you can expect to receive the following forms of income: (i) up front licensing fees, and (ii) back-end performance (BMI or ASCAP) royalties. Both the front end and back-end monies earned will depend on the size of the company, the territory of the ad, the project's budget, any terms of exclusivity or transfer of copyright, how big the artist is, etc. Note that similar to a cue sheet for a film/tv show, with music in a national ad there is a specialized reporting form that needs to be submitted to your performance rights society so that the use of your music in the ad can be tracked. Make sure the ad company does this and gives you a copy (or contact BMI or ASCAP to get their form). Ben McLane Esq benmclane.com

Music Business/Law Tips - "SoundExchange"

Recording artists and labels now can get paid "digital performance royalties" from satellite radio, internet radio and cable radio play. SoundExchange is an organization that collects the above-named digital performance royalties for performers and labels. If an artist or label joins SoundExchange and lists the records that have played on/released, SoundExchange will collect and distribute these royalties. Note this has nothing to do with songwriter performance income - that is collected by BMI, ASCAP and/or SESAC. One does not have to be a songwriter to be eligible to receive SoundExchange income! But to get your share you must register at soundexchange.com Ben McLane Esq benmclane.com

Music Business/Law Tips - "Leaving Band Member"

If a there is a leaving band member, these are some of the key points to cover in any release/waiver document: - Does the leaving member maintain any ownership in the Band, or its assets (e.g., trademarks, copyrights)? - Does the leaving member maintain any past, present, or future revenues generated by the Band? - Are there any other other claims whatsoever? Ben McLane Esq benmclane.com