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Categotry Archives: Music Contracts

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What You Need to Know About Shopping

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Categories: Articles, Business, Music Contracts, Music Industry, Record Labels, Tags: , , , , , , , , , ,

By: Erin M. Jacobson, Esq.

Erin Jacobson music attorney record deals recording contract

A common and long-standing frustration amongst musicians is getting their music heard. Most companies do not accept unsolicited material and require any submissions to be through an artist representative they know and trust. Companies do this to try to protect themselves from claims of copyright infringement based on one of their releases sounding too close to something submitted to them by someone they don’t know.

Because of the “no unsolicited material accepted” policy, artists need someone to shop the music for them. However, an artist must also determine the right type of person to shop their music and whether that person actually shops artists.

The types of people companies will usually accept material from are agents, managers, and attorneys. Some companies will be even more restrictive and only accept from agents and attorneys.

How do you get someone to shop your music for you? It’s great if you already have a relationship with a connected person willing to shop you. If not, you will have to contact representatives to see if they are willing to shop you.   In the case of attorneys, some will shop artists while others will not. Within that designation, some attorneys will shop only certain artist that they believe in, while others will shop anyone that pays them to do so.

Companies know the difference between a trusted colleague shopping an artist because that person really believes in the artist’s potential and those recommending an artist because they received a fee to do so.

In many cases the better approach is to try to make the connections and relationships with label employees and artist representatives yourself. If the company still requires an attorney or agent to submit your work, you can get one to do so on a formality.

If you are going to submit your music, it should be recorded to the best quality you can afford and not sound like demos you made in your bedroom.  Your packaging and your EPK must be up-to-date and professional. It may serve you well to have a professional in the industry create or review your submission package before you start sending it out, as labels and other music companies want your package as finished as possible so they don’t have to guess as to whether your rough demo and selfies would translate to a professional product. Your photos should be professionally shot and in high-quality resolution. Put your best songs first and make sure they have strong hooks that catch the listener quickly because most executives will only listen to the first 30 seconds of each song. If you are e-mailing your material, make sure that you’re music is available on a link and you do not send large files to people’s inboxes.

Remember to ask the representative’s policy on shopping and do not bother them with shopping requests if you know they do not shop. Some attorneys, like myself, post their shopping policies on their website,* so be sure to read and follow instructions. Good luck!

 

* Erin M. Jacobson, Esq. does not offer shopping services to artists.

 

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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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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New Interview on the Break the Business Podcast

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Categories: Interview, Legal Issues, Music, Music Contracts, Music Industry, Music Industry Interviews, Tags: , , , , , , , , , , , , ,

music business podcast erin jacobson music lawyer attorney entertainment los angeles

I am honored to be featured on the Break the Business Podcast where I was interviewed about legal help for musicians and how to get it.  Listen to the episode Online or on iTunes.

Break the Business Podcast (Online / iTunes)

 

 

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What Does “In Perpetuity” Mean?

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Categories: Articles, Copyright, Law, Legal Issues, Music Contracts, Music Industry, Tags: , , , , , , , , , ,

Hand Time Pocketwatch Forever Perpetuity

Image via freeimages.com

There are certain contract terms that come up regularly in music and entertainment contracts and people often ask me what these common terms mean. One of the most common is the phrase “in perpetuity.” According to Black’s Law Dictionary, the definition of “in perpetuity” is “… that a thing is forever or for all time.”

In practice, the phrase “in perpetuity” usually applies to a transfer of rights or clauses that survive contract termination. For example, under a contract you might grant the rights to use your name and likeness in perpetuity, meaning that the company to which you granted those rights can use your name and likeness forever.

This phrase is also used in situations where certain contract clauses will survive termination of the contract. Contracts usually have an agreed upon term length, upon which the contract terminates after that duration has passed. For example, a contract might have a term of two or three years after which the contract ends and the parties stop working together. However, there may be other clauses within the contract – maybe a non-disclosure clause — that the parties have to abide by forever even though the actual term of the agreement is over and the parties are no longer working together. There are other clauses that are often stipulated to survive the contract term, however, they are mostly part of the “boilerplate” sections of the contract.

I’ll be doing more of the short articles explaining a few other common contract terms. If you like it please leave a comment below letting me know.

Do you have more questions about contract language or especially language specific to your situation? If so, please contact Erin today to schedule a consultation.*

 

*Consultations are available for CA residents only.

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 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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