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Tag Archives: Erin Jacobson

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New Interview on The GenY Success Show

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Categories: Interview, Music, Music Industry Interviews, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Erin M Jacobson music attorney lawyer authority expert networking

I recently did an interview on the The Gen Y Success Show and this has been one of my favorite interviews!  It’s a little different than some of my interviews because it’s not about the music business — this interview is about my path in becoming a music attorney, my love of music (and a few examples of my favorite bands and concerts),  my tips on how to network effectively, and more!

“…[Erin Jacobson] established herself as an authority, not only as a lawyer, but within the music industry itself.”  ~ Jason D. Bay, host of the GenY Success Show

Listen here:  The Gen Y Success Show (Online / iTunes)

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Erin M. Jacobson discusses the Kesha / Dr. Luke case on the Break the Business Podcast

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Categories: Legal Disputes, Music, Music Industry, Music Industry Interviews, Tags: , , , , , , , , , , , , , , , , , ,

music business podcast erin jacobson music lawyer attorney entertainment los angeles

I was recently interviewed on the Break the Business podcast about the ongoing legal drama between Kesha and producer Dr.Luke.   Download or listen to the interview on iTunes  or Soundcloud.  The interview is on Episode 28 and my interview starts at 20 minutes into the show.

Have a question about your deal?  Contact Erin to book a consultation.

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What is a Contract Term?

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Categories: Articles, Law, Music Contracts, Music Industry, Music Publishing, Record Labels, Tags: , , , , , , , , , , , , , ,

By:  Erin M. Jacobson, Esq.

A “term” of a contract usually refers to the length of time an agreement covers. For example, two parties may decide to work together for a period of three years, thus the contract would have a “three year term.” Sometimes, the term is broken up into a firm amount of time, with the option to continue working together for longer.   This could look like an initial period of two years, with a one year option. If that option is exercised, then the total term of the contract would be three years. These options are often exercisable at the discretion of one party (like a manager or a record label), making that party obligated to initial period and only obligated to the option periods if they choose to exercise them. The other party (like the artist), however, would be obligated to the entire term (initial period plus options). In other types of agreements (like certain types of music library or publishing agreements) options may automatically renew on a yearly basis, making the contract last as long as the parties are willing to continue working together.

The other way the words “term” or “terms” are used in relation to contracts is to describe certain the actual provisions of the contract. People will say things like “according to the terms of the contract,” which means the provisions of that contract. They may also refer to a specific, singular term, meaning one provision in particular. You will usually know the difference of “the term” versus “a term” or “the terms” based on the context of the conversation.

Both the term length and actual terms are important due to the fact both could bind you to an agreement not ideal for your career. You could be stuck in a deal where the term length extends much longer than it should and prevents you from signing other deals, creating other projects, and stalls your career. In a situation like that, your career in music will effectively be over because without the ongoing momentum, people will forget about you and your music, newer artists will be on the scene, and you will be on a hamster wheel trying to play catch up while the industry moves forward without you.

If the other terms of the agreement aren’t ideal, you could also be broke by paying large amounts of commissions to those you work with without anything left over for you.   You could lose your copyrights and the right to continue profiting off of your work because someone else owns it. You could even lose the right to use your own name professionally, like one artist who told me her story of not being able to register her name as a URL, because she had unknowingly signed those rights away to someone else.

It is of the utmost importance to know what you are signing and have an experienced music attorney review your contract to make sure you do not become another music industry statistic of a promising young talent whose career was crushed by your own failure to hire the right person to protect you.

If you have been offered a deal, contact Erin now to have it reviewed.

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or matters. This article does not constitute or create an attorney-client relationship between Erin M. Jacobson, Esq. and you or any other user. The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on, act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.

 

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What’s the Difference Between a Music Library and a Music Publisher?

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Categories: Articles, Music Contracts, Music Industry, Music Libraries, Music Publishing, Tags: , , , , , , , , , , , , , , , ,

music library music publisher music lawyer music attorney erin jacobson erin m jacobsonMusic libraries have exploded in popularity since musicians and composers discovered synchronization (“sync”) placements as an opportunity to make money and gain exposure in the music business. However, songwriters are often confused about the differences between music libraries and music publishers, especially because many libraries are trying to cross over into the publishing space. Here’s what you need to know.

Music Publishers

Music publishers have been around since the late 1700s in America, and they serve as the overall administrators of a songwriter’s compositions. Publishers perform many functions, including:

  • managing a writer’s catalog
  • promoting the compositions in the catalog
  • getting recording artists to record songs by the writer
  • working with a writer’s record label (if the writer is also a recording artist)
  • pairing a writer with co-writers
  • getting sync placements, etc.

Traditional music publishing contracts usually follow one of the following structures:

  • Songwriter agreement: the writer transfers 100 percent of the copyright in his or her catalog of music (including what he or she writes while under contract with that publisher), and the publisher and the writer split the income from the compositions 50/50. (Note: These deals can vary slightly based on the circumstances. For instance, it’s possible that a writer’s back catalog is tied up from a previous publishing deal, and a new publisher will only get new compositions by the writer.)
  • Co-publishing agreement: the writer transfers 50 percent of the copyright in his or her catalog to the publisher. The publisher takes 25 percent of the income from the compositions and the writer receives 75 percent.
  • Administration agreement: the writer retains ownership of all copyrights in his or her catalog, and the publisher simply performs all publishing duties for an administration fee of 10 percent (leaving 90 percent of income for the writer).

Music publishing deals often come with an advance, which justifies the fact that a writer may have to transfer copyright ownership upon signing a new deal. Because publishing deals are exclusive and manage all aspects of the compositions, no retitling of compositions is required.

Music Libraries

The first music library was formed in 1927 in the United Kingdom after movies gained the use of sound technology. The main purpose of that library, and those that followed, was to license music for film (and later TV). Licensing music for film and television is still the main purpose of music libraries today.

These deals can be exclusive or non-exclusive, require a transfer of copyright ownership or not, and may retitle the writer’s compositions (or not). Many libraries realized the value of owning the catalogs of music instead of just acting as a licensing agent and making money on licensing fees. Thus, many libraries decided to do their deals on an exclusive basis and require the writer to transfer to the library a copyright ownership share in the compositions, usually at least 50 percent. Typically, these deals have some sort of threshold where the writer has to earn a certain amount in licensing fees before the obligation to transfer copyright is triggered.

On a more frequent basis, I’m seeing library deals labeled as “co-publishing” deals. These deals provide for a 50 percent copyright ownership transfer, but only a 50/50 income split, which results in less money to the writer than under a traditional co-publishing deal with a music publisher. These deals offer no advance, and require a transfer of copyright ownership triggered by a low threshold of licensing fees. If a writer is close to the threshold but hasn’t met it yet, some companies will even pony up a few hundred bucks to meet the mark, which means the writers are selling out their copyrights for a very small chunk of change.

This scenario may be acceptable for a songwriter who makes his or her living from writing for film and TV and is churning out new songs every day. But in my opinion, these terms are unacceptable for career musicians who are marketing albums, playing gigs, etc. and are seeking placements for extra money and exposure.

The benefit to a library deal over a publishing deal is that a writer can give the library only certain compositions, while leaving others in his or her catalog open to a publishing deal or another opportunity. To be fair, libraries that are incorporating more publishing-like terms in their deals are also doing the work to manage and administer the compositions. However, with many of these companies it remains uncertain whether they have the connections to get other artists to record the writer’s compositions, pair the writer with substantial co-writers, etc. Anyone can act like a music publisher, but the difference lies with whether the longstanding business model and connections that publishers have are present.

For independent or new artists, it’s easier to get a library deal than a publishing deal, but signing with a library and transferring copyrights may complicate or even prevent a writer from signing a publishing deal later.

That’s not to say that a library deal can’t be a great start for a new artist or writer – it can be a great way to earn extra income with songs that otherwise wouldn’t generate any. However, you need to look carefully at your career goals to see which path is really right for your intended career direction. It would be beneficial to consult with an experienced music attorney to discuss which type of deal is the right career choice for you.

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or matters. This article does not constitute or create an attorney-client relationship between Erin M. Jacobson, Esq. and you or any other user. The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on, act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.
If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.

 

This article was originally posted on Sonicbids.com.

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Contract Language Explained: “In all media now known or hereafter devised”

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Categories: Business, Digital Distribution, Law, Music, Music Contracts, Music Industry, Music Publishing, Record Labels, Tags: , , , , , , , , , , , , , , , ,

By:  Erin M. Jacobson, Esq.

music-791631_640It’s possible that you have seen or heard of the contract phrase “in all media now known or hereafter devised” or some similar variation.

In music contracts, this language is usually used to define in what media your music can be used.  This phrase allows a company that has the rights to your music to use the music in the formats currently used at the time the contract is signed, as well as any new formats that are invented in the future (and may or may not be known at the time of signing).

For example, pretend that this is 1995, the most popular music format is still CDs, and MP3s had not hit the scene yet.  If you signed a deal at that time that said the company had rights to your music “in all media now known or hereafter devised,” then that company also had the rights to start reproducing and distributing your music in MP3 format once that medium started being used circa 1998.

If you are signing a deal now with that language, the company can probably use your music on vinyl, cassette, CD, MP3/other digital file formats, and whatever they think of next.  So when they start implanting microchips with music, you can bet your music will probably be on that too.

Got questions on your contract?  Schedule a consultation now to get answers!

 

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or mattersThis article does not constitute or create an attorney-client relationship between Erin M. Jacobson, Esq. and you or any other user and Erin M. Jacobson, Esq. is not acting as your attorney or providing you with legal advice.   The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on,act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.

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Erin M. Jacobson on USC’s Music Career Panel with Randy Jackson

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Categories: Music, Music Industry, Speaking, Tags: , , , , , , , , , , ,

I had the privilege of speaking on the Music Career Panel put on by USC’s Thornton School of Music.  The event was moderated by Randy Jackson, producer and former judge on American Idol.

Here are some photos from the event.

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Client Gary Kuo Wins Sixth Emmy Award

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Categories: Clients, Tags: , , , , , , , , , , , , , , , , ,

Congratulations are in order for my client Gary Kuo who has just taken home his sixth Emmy Award as composer for All My Children.

garyemmy6

Visit www.garykuo.com for more information on Gary and to purchase music.

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Articles now on DrewProject.com

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Categories: Articles, Press, Tags: , , , , , , , , , ,

My articles are now also being syndicated on DrewProject.com — a site by my artist/producer/sound designer friend Drew.

On DrewProject.com “you will find music, gear reviews, and technical articles as well as general articles about music, music business, and the crazy environment a modern artist is tossed into every day.”

The Drew Project is based in Italy and has contributors from all over the world to provide a global perspective on the music industry.  Check out DrewProject.com to learn more.

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