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Categotry Archives: Business

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How to Protect Your Music and Avoid Legal Pitfalls

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Categories: Business, Copyright, Infringement, Law, Legal Issues, Music Industry, Music Publishing, Record Labels, Royalties, Trademark, Tags: , , , , , , , , , , , , , , , ,

I recently had the privilege of being interviewed for My Music Masterclass about how musicians can protect their music, avoid some common legal pitfalls, and more.  The video is available for a temporary stream or permanent download HERE.

My Music Masterclass is a fantastic website where users can view exclusive masterclass sessions with the top touring musicians and industry professionals.  (Registration required and there is a small fee for the streams and downloads.)

You can view a preview of the full video below.  This video is packed with a lot of information and I hope it helps artists to further understand and take control of their careers.

Please don’t hesitate to contact me so I can help you to protect your music and grow your career.

Stream or download the full video here!

This preview video is also available on YouTube – please like, comment, and share it!  (Subscribe to my YouTube channel here.)

The information contained in this video and any linked resource is intended to provide general information and does not constitute legal advice by Erin M. Jacobson, Esq. or My Music Masterclass. The content is not guaranteed to be correct, complete, or up-to-date. This video is not intended to create an attorney-client relationship between you and Erin M. Jacobson, Esq. and you should not act or rely on any information in this video without seeking the advice of an attorney.   YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. ERIN M. JACOBSON, ESQ. AND/OR MY MUSIC MASTERCLASS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO THE USE OF THIS INFORMATION.

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Mechanical Royalty Rate Stays at 9.1 Cents

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Categories: Business, Music, Music Industry, Music Publishing, Record Labels, Royalties

The Copyright Royalty Board has chosen to keep the statutory mechanical royalty rate at 9.1 cents.

The mechanical royalty rate is the royalty paid for reproduction/manufacture/distribution of a composition on records and sometimes other media.  The origin of the “mechanical” is that it is a royalty paid to mechanically reproduce the composition on a record.  It’s not done mechanically anymore, but the principle is the same.

The record labels always want the mechanical royalty rate to be lower, so they can pay less to the publishers.  On the other hand, the publishers understandably want the rate to be higher so that they can make more money.  Thus, this new decision by the CRB is a victory for publishers.

In addition to keeping the statutory mechanical rate at 9.1 cents, ringtones will remain at 24 cents.  The CRB also came out with new revenue sharing rates for publishers regarding some newly-created royalty categories, mostly having to do with the cloud, lockers, and interactive services.

You can read more detail in Billboard.

© 2012 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, please provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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UMG pays artists $0.08 on a music download

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Categories: Business, Music, Music Industry, Record Labels

Digital Music News has posted some charts from Chuck D.’s lawsuit of how UMG calculates artist download royalties.  According to these charts, a UMG artist is paid $0.08 on a $0.99 download.  Why is this so low?  Part of the reason is that UMG takes a “container charge” deduction for these downloads.  A container charge is basically code for a “packaging deduction,” or in other words, the deduction labels would take for the cost of packaging (jewelcases, etc.) on actual physical product like CDs.  Why is UMG taking a packaging deduction on digital downloads that have no packaging?  Because they can.  They also take several other bogus deductions to make this entire calculation ridiculous.  I’m not saying every UMG deal is like this, but at least this one is.

On the other hand, artists distributing through TuneCore get $0.70 on a $0.99 download.

And people wonder why my clients like to be, and why I advise them to be, DIY.

View the accounting charts here.

© 2011 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, please provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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How to Choose the Right Attorney for YOU – Part 8

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Categories: Business, Music Industry, Tags: , , , , , , , , , ,

Over the last several weeks, I have outlined many qualities to consider when choosing an attorney.  Once you have decided what kind of attorney you want, the next step is actually finding one

How to find an attorney?

Ask your other creative friends whom they use as their attorney.  With the wealth of information on the Internet, it is also possible to find information for the attorney of another artist you admire.  There are several attorney directories like lawyers.com and findlaw.com you can browse.  You can also search for attorneys and view their websites, or refer to networks like LinkedIn.

© 2010 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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How to Choose the Right Attorney for YOU – Part 7

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Categories: Business, Music Industry, Tags: , , , , , , , , , ,

You know what they say:  “Location, location, location!”

Location

If you have to meet with your attorney or go to his/her office, you may want to make sure the attorney’s office is in a convenient location or that you are willing and able to travel to his/her office.

Next time, I’ll discuss how to find an attorney after thinking about all of the criteria I have explained over the last several weeks.

© 2010 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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How to Choose the Right Attorney for YOU – Part 6

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Categories: Business, Music Industry, Tags: , , , , , , , , , ,

Always an important concern is price.  How much does the attorney charge?

Price

Attorneys have different billing rates based, which are mostly based on their experience and number of years in practice.  Some attorneys only bill hourly and/or take retainers, while some will also charge a flat fee or take a percentage of income.  Take serious consideration of what the attorney quotes you and whether you can afford it.  An attorney will not be happy if you think you can afford their rate and then rack up a large bill you cannot pay.

There is one point I need to address because I feel a lot of people do not understand it.  Lawyer’s rates are based on time expended on a matter, experience, years of schooling and learning a skill.  It is different than walking into a store and getting a product.  Many people seem to feel that they should not have to pay for legal services because they do not walk out of the office with a tangible product in hand.  When you pay an attorney, you are paying for that person’s time and skill.  You are paying them to provide a service to you that you should not provide for yourself.  Even attorneys hire other attorneys when they have legal problems.  Just as you spent your time and used your talent to craft a song or write a screenplay and expect to be paid for it, the attorney will do work for you and expect to be paid for it.

Next time, I’ll address attorney location concerns.

© 2010 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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How to Choose the Right Attorney for YOU – Part 5

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Categories: Business, Music Industry, Tags: , , , , , , , , , ,

Consequences

Something that goes along with your attorney’s style is the consequences of your attorney’s style.  Some attorneys have bad reputations and people do not want to  deal with them.  Other attorneys have killed or almost killed deals for clients because they are difficult to work with or have a large ego.  Ask other people you know in the industry if they know anything about the attorney, or even ask the attorney for references.  If they are well respected, it will show.

Next time, I’ll talk about fees.

© 2010 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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How to Choose the Right Attorney for YOU – Part 4

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Categories: Business, Music Industry, Tags: , , , , , , , , , ,

Another very important consideration in choosing an attorney is that attorney’s style.

Style

When you envision your attorney, what do you see?  There are some attorneys that scream at everyone to get the job done.  There are attorneys that would like to party with the band on the tour bus.  Some attorneys are not that extreme, but are still friends with their clients.  Other attorneys do not like to socialize with their clients and prefer to quietly sit in their offices.  Some attorneys are in the middle of all of those types.  Your attorney is part of your team and is a representation of your image in some cases.  Think of how you want to do business and there will be the type of attorney for you.

Next time, I’ll talk about the consequences of some of these attorney practice styles.

© 2010 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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How to Choose the Right Attorney for YOU – Part 3

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Categories: Business, Music Industry, Tags: , , , , , , , , , ,

I have already covered attorney personality and artists’ needs in choosing an attorney.  Another thing to consider may be whether the attorney has similar clients to your musical genre.

Similar Clients

One way to help an artist find an attorney is for the artist to consider an attorney that might already have clients similar in style and genre to your music.  If you are a hip-hop artist, you might want to go with an attorney that has other successful hip-hop clients.  If you are a metal band, try to meet with an attorney who handles work for several other successful metal bands.  This is not essential, but it is a good starting point for an artist who does not currently know any attorneys and wants to do some research on who he is interested in talking to further.  Also, an attorney with clients in your particular genre may also have existing relationships with important people within that “world,” which will be beneficial to your career.

Next time, I’ll talk about different attorney practice styles.

© 2010 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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How to Choose the Right Attorney for YOU – Part 2

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Categories: Business, Music Industry, Tags: , , , , , , , , , ,

Last week, I talked about the importance of an attorney’s personality.  This week, I address another top concern in choosing an attorney — the artist’s needs.

Artist Needs

Attorneys do different things.  Some litigate (sue people), some draft and negotiate contracts.  Other attorneys “shop” or try to get clients a deal, while other attorneys have a strict “no shopping” policy.  What do you need at this point in your career?  What do you think you may need as your career grows?  Think about these things and try to find an attorney whose services match your needs.

Many attorneys do not shop, so it is wise to check the attorney’s website or ask the attorney for his/her shopping policy before requesting that the attorney shop you.

Next time, I’ll talk about attorneys with a client base that fit your genre.

© 2010 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.
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