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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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Musicians: If You Haven’t Registered With These 4 Services, You’re Missing Out on Your Money

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Categories: Music Industry, Royalties, Tags: , , , , , , , , , , , , , , , , , ,

There are several potential musician income streams that you’ll unfortunately never see if you don’t set yourself up to collect them. More established musicians have the same responsibility, but often have representatives taking care of these procedures for them, whereas independent musicians have to oversee royalty collection themselves. This means that many independent musicians are losing out on money they could otherwise be collecting because they either fail to register their songs properly, or they haven’t registered at all with the appropriate agencies that collect and pay out these royalties.

Are you properly registered with these four services? If not, you’re probably missing out on money you deserve!

Note: This article only focuses on royalty streams within the United States. It does not discuss international royalty streams.

1. Performing rights organizations

Performing rights organizations (PROs) collect performance royalties, which are royalties paid when musical compositions (not sound recordings) are played on terrestrial radio, digital radio, streamed online, heard on television, played in a live performance, or played in a public place like a bar or restaurant. If you aren’t registered properly or at all with a PRO, you won’t be getting paid for any of these uses of your music.

The three performance rights organizations in the United States are ASCAPBMI, and SESAC. ASCAP and BMI allow any songwriter to join, whereas SESAC requires a songwriter to be invited to join.

Songwriters need to register in three ways for a complete registration: as a writer, as a publisher, and for the individual compositions. Before elaborating on the necessities of registration, it’s important to note that performance royalties owed for a particular person’s contribution to a composition are split 50/50 between the writer and the publisher, known as the “writer’s share” and the “publisher’s share” respectively.

  • Writer: Every songwriter needs to register as a writer with a PRO in order to get paid the “writer’s share” of performance royalties, which is paid directly to the writer from the PRO. Writers can only register with one PRO at a time (not all three), although if you aren’t happy with your chosen PRO, there’s usually an opportunity to change your affiliation at a later date.
  • Publisher: If you aren’t signed with a music publisher, then you’re actually your own publisher, and you need to also register as such with the same performance rights organization to which you are registered as a writer in order to get paid the “publisher’s share” of performance royalties, which is paid by the PRO to the publisher of the composition. If you’re a songwriter who’s already signed with a publisher, you may not need to register as a publisher depending on your type of publishing deal.
  • Individual compositions: You have to register each individual composition that you write with your PRO. If you don’t register your compositions, your PRO will not pay performance royalties on those compositions because those compositions won’t be in the PRO’s database, and the PRO won’t know who’s supposed to be paid for those compositions.

2. SoundExchange

When it comes to copyrights and the practice of the music business, sound recordings are treated separately from musical compositions. In the United States, there’s currently only a performance royalty for sound recordings for digital performances, which are for uses like satellite radio and internet streaming. Registering for SoundExchange is free and will make sure you are receiving royalties when your recordings are streamed or otherwise digitally performed. As with compositions, it’s imperative that you register your individual sound recordings so that the recordings and the payment designee can both be recognized.

3. Harry Fox Agency

The Harry Fox Agency collects mechanical royalties, which are the royalties paid from the owner of the sound recording to the owner of the composition for the privilege of reproducing the composition onto the master recording. For physical CD sales and digital downloads, this is a statutory rate (i.e., set by the government) and is currently set at 9.1 cents for compositions lasting five minutes or less. There are also mechanical royalties paid for various online interactive streaming and subscription service uses (think Spotify) as well as mechanicals for ringtones, and the rates for these uses depend on the type of use.

If you’re a self-released artist who doesn’t write with anyone else, you’ll essentially be paying sales and download mechanical royalties to yourself, but it’s still important to register with Harry Fox to collect the other mechanical payments. If you have a relationship with a label or anyone else releasing your music (including co-writers where a song you contributed to as a writer appears on other artists’ albums), registration is important to collect all mechanical payments. If you don’t register and you aren’t diligent about collecting your mechanical royalties yourself, you’ll be missing out on income that could add up over time.

4. YouTube

The YouTube revenue system is slightly complicated, but it basically comes down to monetizing your videos by allowing YouTube to show ads before your video starts, and then you share in the revenue generated from those ads. The more views you get, the more the ad is seen, and the more money you make. For most people, the amount earned here might be minimal, but like finding change in the couch cushions, every little bit helps.

 

If you need assistance with signing up for these services, contact a music lawyer or use a service like Indie Artist Resource. Signing up for these services is the basic start to getting your music career set up correctly. Don’t lose easy money — it could pay back big time down the road.

 

Do you have questions that you’d like to get answered in an upcoming “Ask a Music Lawyer” article? Please send topic requests to askamusiclawyer@gmail.com. Please note that specific case advice cannot be given, and if you have questions pertaining to an issue you are personally experiencing, you should seek a consultation with a music attorney.

 

Erin M. Jacobson is a practicing music attorney, experienced deal negotiator, and seasoned advisor of intellectual property rights. Her clients range from Grammy and Emmy Award winners to independent artists, record labels, music publishers, and production companies. Ms. Jacobson also owns and oversees all operations for Indie Artist Resource, the independent musician’s resource for legal and business protection offering template contracts, consultations, and other services designed to meet the unique needs of independent musicians.

Originally published on Sonicbids.com.

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. If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity. This article does not constitute or create a lawyer-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 act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

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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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Edgar Allan Poets ranks #4 in Top LA Artists

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

My client, Edgar Allan Poets, currently ranks very highly in the Alt Rock genre of Deli Magazine’s Top LA Bands.  EAP ranks #4 for web buzz, just below Queens of the Stone Age and The Mars Volta.  The band also ranks #47 in overall popularity for all LA bands listed.

Edgar Allan Poets are really on the rise, generating a significant buzz after only being in LA a short time.  Keep watching for more from these up-and-comers and say you were a fan before they were superstars!

Get EAP’s new single, Crow Girl, out now!

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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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