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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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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

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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.