Beame & Mencher LLP’s Food Artistry practice group represents celebrity chefs, food artisans, cookbook writers, culinary professionals, and food-focused media production companies. Brian Mencher, partner in the firm and chair of the Food Artistry practice group, brings a unique blend of first-hand experience working in professional kitchens to the representation of chefs and culinary entrepreneurs. After spending a year and half in the food-rich San Francisco Bay Area, enrolling in cooking classes and then working at a wine bar (in Berkeley, two shops down from the famed Chez Panisse), Brian returned to New York. Within a week of arriving back in New York City, Brian began staging at Bouley – a then Michelin 2-star restaurant located in Tribeca. He was soon offered a position cooking on the line as possonnier entremetier (assistant fish cook).
The firm brings its expertise in representing entertainers and entertainment entrepreneurs to the culinary world. Our Food Artistry practice group handles all matters in the culinary arts, including:
Public Appearances – Television, Cooking Demonstrations, Online Blogging & Video Production
Brian Mencher was invited to speak at SXSW Music in Austin, TX this March. He will be speaking on “The Most Important Back-Up Instruments for a Baby Band” at the Continuing Legal Education program at South by Southwest on March 19th at 3:30pm.
South By Southwest, in conjunction with Lommen Abdo Law Firm, will present a two-day Continuing Legal Education (CLE)program during the SXSW 2011 Music Conference at no additional cost. Allregistrants are welcome to attend these law sessions in the Austin Convention Center (attorneys will be given priority if the room approaches capacity).
Attorneys attending may receive up to eight hours of CLE credit during SXSW Music (including one hour of ethics) and four hours of CLE credit during SXSW Film & Interactive. Program titles and presenters will be announced at a later date. For further information, contact Program Coordinator Nels Jacobson at cle@sxsw.com.
SXSW and Continuing Legal Education – it’s not just a good idea; it’s the law.
Image of CLE 4 – Music Publishing Executives: The Hitters and the Hits courtesy of Darrel Ball
Sunday Dec 19th, 2010 represents a historic moment in the Rock/Hip-Hop world with a ground-breaking new business model and artistic collaboration via the G-Unit offices in NYC, “Thisis50.com” and LA-based Rock artist Avery Watts. Watts will be the first Rock artist ever in Thisis50’s history to debut on the front page. Watts’ release “The Takeover EP” and recently released single “Enough” have struck a chord in the Urban Rock market. 50 Cent caught wind of Watts’ presence through G-Unit comedian Young Jack Thriller and together, he and his trend-setting team from Thisis50 have decided to debut Watts and feature his music/interview on Thisis50.com. Avery Watts on Thisis50.com: http://bit.ly/hMmITP
Thisis50.com is Hip-Hop Artist/business tycoon 50 Cent’s exclusive online social community that focuses on what’s relevant in pop culture and entertainment. The site reaches millions of fans worldwide. Boasting an international fan base and followers that range from celebrities, to athletes, A- list musicians to TV/film executives; 50 Cent has quickly developed a track record for being an industry trend-setter in Music & Entertainment. Known for his sharp business acumen, strategic alignments and overt entrepreneurial prowess 50 Cent, via Thisis50.com, will be embarking on a new format with Avery Watts as the muse and Raison d’Etre.
“I’m honored to work with 50’s team and look forward to seeing the interview hit the public and the Thisis50 community. I’ve personally followed Thisis50 for years. I use his site to keep myself up to date on what’s new in music, industry news, trending topics and new artists. It’s my equivalent for reading the NY Times or morning newspaper before I start my business day. I’m honored to be launched via something I have always respected as ‘what’s real’ in the industry”, says Watts.
Celebrity comedian and Thisis50 correspondent Young Jack Thriller sat down with Watts and his manager Michelle Coutois while in Beverly Hills promoting his up and coming G-Unit comedy tour.
“While out in Beverly Hills I had to come out meet Avery for myself. His music is high energy, it’s intense and ‘in your face’. He’s a really really dope artist and shrewd business man.” – Young Jack Thriller
Coutois adds, “I’m very proud to be working with Watts and everyone at Thisis50. I’m confident that this idea will sprout new alliances and new fan bases for all of us. Coupling two of the most profitable entertainment industry icons; 50 Cent and the power of Rock n Roll is genius. My thanks and appreciation goes out to my friend Young Jack Thriller, it’s nice to see stars breaking stars. As always, we are ready to Rock.”
Websites and social media:
Avery Watts: www.averywatts.com @averywatts
Papillon Entertainment Group, Inc www.papillonentertainment.com
Music Branding 101 (Part Two) - The Importance of ®.
This is part two in a series on Music Branding. In Part One, “putting the “r” in band, we introduced the idea that bands need to be brands. In this part, we discuss the importance of obtaining national protections to your band, uh brand, name through trademark registration with the U.S. Patent & Trademark Office. Before we discuss steps to obtaining registration, let’s look at the why…
We’ve already established that bands need to start thinking about themselves as brands. That even with a record deal, publishing deal, corporate sponsorship, sugar daddy, you are in charge of your career and its longevity. Brand identity is important in and of itself. Protecting that brand through trademark registration is crucial. It takes a business savvy band, or a band with a solid forward-thinking manager, to make this a priority.
Consider this: You start your band in 2010, pick a name and begin playing out in your hometown. Then you start touring one region of the country in 2011; if another band (or music-related business) had already begun using the same or similar name in that region before you enter it, you can be prohibited from using your band name in that region. You can be prohibited even if the other band has not registered its name as a trademark. Both bands have acquired common law rights which means the first to use the name obtains rights to the name in the specific region of use. How much time and money have you already spent in the development of your mark? How much do you think it will cost you to buy out the other business so that you can continue with your expansion? The answer to both questions is likely A LOT!
Not convinced? Take the above scenario, and now assume you obtain federal trademark registration for your name after the other band began using the same or similar name in another region. Even with federal registration, you can be prohibited from using your mark in that region. This is because federal registration does not trump common law rights of a prior use of the name.
Let’s go one step further: Same scenario as above, but instead of you obtaining federal trademark registration, the other band obtains federal registration. Even though that band began using the name after you in a different region, if they file for federal registration before you, you will not only be prohibited from using your mark in the region where they have obtained common law rights, you will also be prohibited from using your mark every where else in the country outside of the area where you can claim common law rights. In essence, you will be locked in.
The list of potential pitfalls is endless. Imagine selecting a name for your band only to receive a letter a few months later demanding that you cease using that particular name because another party already has a federal registration for it. It happens all the time. You should be proactive - take the necessary steps now to start and develop your band’s identity. It will not only save you time and money in the future, it will establish a strong infrastructure for your band to leverage as it grows.
If you’ve already selected a name, and are adamant about not changing it, your best option is to file for federal registration, hope that you name is approved, and cross your fingers that no one has common law rights to a same or similar name for same or similar services. We strongly advise that all of our clients undertake a comprehensive trademark search and analysis to ensure 1) the federal registration is likely and 2) that once the name is registered, no common law uses will trump your rights. No matter how great the name you want to use may be, branding is as much a tastemaker issue as it is legal structuring of your business.
Stay tuned for Music Branding 101 (Part Three) – Steps to Obtaining Federal Registration.
Disclaimer: The materials contained in this blog posting have been prepared by Beame & Mencher LLP for informational purposes only and are not legal advice or counsel. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Online readers should not act upon any information in this posting without seeking professional counsel. The information contained in this posting is provided only as general information, which may or may not reflect the most current legal developments.
While the past ten years have witnessed seismic shifts in the music industry, music publishers have remained (somewhat) even keel. Don’t get me wrong, they’ve faced their own challenges (for one, loss of mechanical revenues). They haven’t, however, felt it as deeply as the recording side of the industry. While a recording might be a hit just once, the song could continue to earn income for years beyond the original recording. This possibility, along with the specific rights carved out for musical works, makes the right publishing deal a great opportunity for any songwriter or singer-songwriter. For a review of the distinctions between musical works and sound recordings, and why songs might have longer shelf lives, go to “On the 1st Day of Music Law…“.
But getting a publishing deal remains challenging. Sure, there are “placement companies” that will represent your publishing (and master recordings too), convert the representation to exclusive if they place even one track, get the right to re-title your song for purposes of collecting performance royalties, and generally get all the rewards (the right to your catalog) without any risk (no advance). Some of these companies are great at getting placements, and no matter the terms (within reason), you’d benefit from affiliation with them. Placement on decent terms is usually better than no placement at all. A true publishing company, however, is more than just a placement service.
Both major and independent music publishers provide the following services:
Develop songwriters and promote their works.
Protect copyrights and pursue infringement actions.
Register with PROs & Mechanical Rights Organizations.
Coordinate with foreign representative / sub-publishers.
Administer the collection and payment of license fees.
Place musical compositions…
If you can find a company willing to handle these administrative tasks and placement services, you’re likely working with a music publisher. The music publishing deal comes in many shapes and sizes. So it is important for you to understand what deal is on the table and how to negotiate its terms. There are two main publishing deal categories – deals that require the songwriter assign over copyright ownership and deals that don’t.
No Assignment of Copyright: A publishing deal where the songwriter is not required to assign over copyright is known as an administrative deal – the publisher handles #1-5 above, but does not actively seek out licensing opportunities for the catalog. A sub-publishing agreement is an administrative deal with a foreign territory music publisher. In the sub-publishing deal, you grant the foreign publisher the right to collect fees and royalties earned from your catalog in a particular territory. Sometimes, the sub-publisher also seeks placement opportunities for your catalog. The fees associated with these types of deals are significantly less than deals where an assignment of copyright is required.
Assignment of Copyright: In a more typical publishing deal, the songwriter assigns the copyright in her/his work in exchange for an advance and a share of the revenues earned from the catalog. An individual song agreement is just that – the publishing company acquires the rights to one song only. The exclusive songwriter agreement signs a songwriter to a multiple song deal, with additional option periods to deliver additional songs. This arrangement could require the songwriter to deliver ten (10) songs during the first period, and then grant the publisher a few more options periods in which the songwriter has to deliver an additional ten (10) songs (or whatever number is ultimately agreed to).
Partial Assignment of Copyright: There is one more standard publishing arrangement – it is usually reserved to songwriters that are also artists with record deals. This arrangement is known as a co-publishing deal, in that the artist/songwriter only assigns half of the copyright over to the music publisher. Under this deal, the artist/songwriter is considered a publisher – as a result, for example, when the performing rights organization pays out royalties 50% to the writer and 50% to the publisher, the artist/songwriter receives the full songwriters share (50%) and half of the publisher’s share (25%). Whereas, under an exclusive songwriter agreement, the full publisher’s share is collected by the music publisher.
This 3rd Day of Music Law is only meant to serve as an introduction to the types of music publishing agreements. It does not discuss any of the terms of each deal, which can be highly complex and require significant revisions. Perhaps even more so, this posting put the cart before the horse in that what good is it to know about publishing deals before you know how to get one. If I could answer the latter question, it would be a miracle on 34th Street! Happy holidays!
Disclaimer: The materials contained in this blog posting have been prepared by Beame & Mencher LLP for informational purposes only and are not legal advice or counsel. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Online readers should not act upon any information in this posting without seeking professional counsel. The information contained in this posting is provided only as general information, which may or may not reflect the most current legal developments.
In many respects, licensing for video games is similar to licensing for other traditional medias, such as commercials, television shows, and films. It is placement of a musical work (i.e. synchronization license) and, oftentimes, the master recording (i.e. master use license) in timed synchronization with visual images. For a discussion of the differences between Musical Works and Sound Recordings read “On the 1st Day of Music Law…“.
When a video game publisher or developer wants to include music into a game, the publisher has to obtain a license from the owner of the underlying song and the master recording. Sometimes, these parties are not the same. Nevertheless, the publisher now must work with two separate entities to acquire the rights it needs for inclusion into the game (assuming the master recording is also being used). Owning both rights significantly streamlines the process, and perhaps provides the content owner with bargaining leverage. The terms of these deals varies, though there are certain points that every agreement should include:
Format: Is the license limited to a specific video game console, online platform, mobile, all formats now known or hereafter devised? While it may have once been commonplace to grant a license carved-out to one specific console or format, the current standard is a license for all formats.
Type of Use: This posting is primarily focused on placement of music into video games, and not the use of music to promote those video games. It is an important distinction to understand before proceeding with negotiations.
Term: At one time, the term of a music license for video games would be 5-7 years – the expected life of the game. The license would include a renewal term associated with an additional license fee. Nowadays, the more typical term is in perpetuity (i.e. forever). Video game publishers cannot take a chance that the right to use a song (perhaps integral to the game) will expire and they will be unable to reacquire the rights. If the term is in perpetuity, make sure that the license is non-exclusive (at the very least).
Territory: Worldwide. If you can limit it, go for it!
License Fee: The fees are across the board, from free to mid five-figures. The fee is dependent on the status of the artist, the relative interest of the video game publisher, and ultimately, the publisher’s budget for music. The agreement should specify if the license fee is associated with both the musical work and sound recording licenses, or just one. If just one, you should be able to negotiated a similar fee for the other license.
Negotiating a music-for-video-game-license (or any license, for that matter) is an art form. Sure, there are standard terms to be dealt with, but navigating those terms in relation to the fee received requires a solid understanding of the industries involved and how the current deals are shaped. It is an ever-evolving area of music licensing.
One of the biggest topics in the music for video game realm is whether (or not) a back end royalty is paid for the use of music. The game publishers have pushed back from this idea. They certainly don’t want to account additional funds for the use of music, nor do they want the added administrative burden of tracking and paying out for music royalties. And besides, for most video games, sales are because of the the games themselves and not the music… though that line of thinking doesn’t apply to music video games such as the popular Rock Band.
The Rock Band model has evolved from a game with limited music tracks, to an online network of downloadable music from which to integrate into the Rock Band game. And because music is so prominently featured in these “music-based video games”, the inclusion of a backend royalty is more likely. For songs not included into the actual software, there is the Rock Band Network that enables every music content owner to submit music to Rock Band. If accepted, video gamers can download your song direct into the game. As the content owner, you share in a percentage of the sale.
With a royalty provision, however, the license becomes a bit more complicated – determining the royalty percentage, how it is calculated, whether you have an auditing right to review those calculations, whether the license fee is a recoupable advance against royalties, etc… A back end royalty, without the contractual details, could amount to nothing more than words on a sheet of paper.
Licensing music to video games is a burgeoning area in the music industry. The mere inclusion of your music into a game provides significant promotional value to your career. So take advantage of the opportunity if it is ever offered to you. And if offered, make sure that you consider the crucial terms of the licensing deal. *Note: There are other terms that also should be considered, but are outside the scope of this posting.
Disclaimer: The materials contained in this blog posting have been prepared by Beame & Mencher LLP for informational purposes only and are not legal advice or counsel. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Online readers should not act upon any information in this posting without seeking professional counsel. The information contained in this posting is provided only as general information, which may or may not reflect the most current legal developments.
the distinctions between Musical Works and Sound Recordings.
If you are serious about your career in the music industry, be it an artist, manager, industry professional, or new media/tech company, it is imperative that you understand the foundation from which all music value is derived. Copyright. Copyrights, though intangible property, can be owned. And there can be significant value in that ownership.* But, ownership in those copyrights and the various rights granted to the copyright owner, is perhaps the most misunderstood area of the music business. So, on this 1st day of music law, let’s get back to basics…
The music business is driven by protection in two distinct musical creations – musical works and sound recordings. A musical work generally consists of musical notation and lyrics. It is the sheet music from which every performance and audio recording is based, even if the musicians performing or recording it did not read from sheet music. The sound recording is the audio rendition of a particular musical work. As Beethoven sits with pencil and paper in front of his piano, he creates a musical work. When the New York Philharmonic records that Beethoven piece for an album, they create a sound recording. These creations are distinct. They are protected separately under U.S. Copyright Law (and the copyright laws of many countries). So even if you are in the studio and record your jam session, in creating a sound recording you’ve also simultaneously created a musical work. You might not see the sheet music in pro tools, but it is there. Get it? No more presents for you until you understand this basic concept.
Sometimes the same party creates the musical work and the sound recording. For instance, a singer-songwriter that writes a song and records it now has ownership in two copyrights. Sometimes one party creates the musical composition and another party creates a sound recording. An artist that performs and records someone else’s song owns only one copyright – the sound recording. A songwriter that writes a song, but does not record it, owns one copyright too – the musical work. Two songwriters may collaborate and share equal ownership in one copyright, while one of those songwriters may perform and record that song and solely own the other copyright.
The rights granted in the two copyrights are distinct (though they also share similar rights too). Knowing these distinctions is important. On a basic level, if a recording is placed in a movie – a synchronized use – both copyrights are being utilized. The music supervisor for the production company must get clearance for both uses. Yet this simple concept is often overlooked by many amateur copyright owners. They grant some entity the right to utilize their sound recording without realizing that the underlying musical work is also being utilized, for which a separate license should be granted (and hopefully a corresponding license fee).
It does, however, get more complex than a straightforward master use license and synchronization license. When a musical work is recorded and then pressed into albums (vinyl, compact disc, or via digital download), the owner in the sound recording is reproducing the musical work (by recording a performance of it) and then distributing that musical work (through distribution of an album containing the underlying musical work thereon). This is known as a mechanical reproduction. And under copyright law, the owner of a musical work has certain rights of control over reproduction and distribution of the work, and then a guaranteed royalty payment once any third party is entitled to obtain a compulsory license to it. For a comprehensive discussion of mechanical reproductions, click here. Ultimately, if an artist owns both copyrights but enters into a recording contract and therein assigns its sound recording copyright over to a third party, in addition to any record royalties (from the sound recording) that the third party pays to the artist, the artist (as songwriter) will also receive a mechanical royalty based on the artist’s ownership in the musical work.
Copyright law also provides for a right of public performance in the musical work. Public performance generally includes live performance, radio broadcast, and online streaming. The owner in the musical work controls this right of public performance. Since it is extremely time-consuming and difficult to license this right to all the live performance spaces, radio stations, and online service providers, most musical work owners assigns a third party the right to grant these licenses on its behalf. In the United States, this third party is ASCAP, BMI, or SESAC. When a radio station broadcasts an album, it performs both the sound recording and the musical work. But only the owner in the musical work is entitled to a license fee. So when “I will always love you”, written by Dolly Pardon and recorded by Whitney Houston, is publicly performed on your local radio station (is it still played on the radio?), Dolly Pardon earns public performance royalties, but Whitney Houston does not. This is because the right of public performance by way of terrestrial radio broadcast does not extend to sound recordings. Sound recordings were recently granted a limited right of public performance only by means of “digital audio transmission”. SoundExchange is the organization that handles the licensing of and distribution of money for digital audio transmissions of sound recordings. An in-depth exploration of the public performance right in both musical works and sound recordings is the subject of the 8th Day of Music Law.
These are just a few of the distinctions between musical works and sound recordings. Before you even decide to embark on a career in the music business, learn these distinctions. You’re not expected to know everything. But a failure to understand even the most basic concepts that are so central to this industry exposes your naivete to business at the least, and far worse, could mean your loss of ownership in rights and revenues you never even knew you had or were entitled to.
*Of course, value is not only derived through protection in copyrights. Nothing can replace talent or the live performance. Even without copyrights, there will only be one you… what inherent value do you bring?
Disclaimer: The materials contained in this blog posting have been prepared by Beame & Mencher LLP for informational purposes only and are not legal advice or counsel. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Online readers should not act upon any information in this posting without seeking professional counsel. The information contained in this posting is provided only as general information, which may or may not reflect the most current legal developments.
Here at Beame & Mencher LLP, the elfs are hard at work closing up deals in time for the holiday break. And in the spirit of the holidays, we felt that some carols (in the key of E, of course!) were in order. So roast some chestnuts, grab a cup of eggnog, and see what fun presents rest under our tree in this, your “twelve days of music law”.
Beame & Mencher LLP is a boutique law practice based in New York City providing legal advice and counsel primarily in the entertainment industries. We are forward-thinking, outside of the box, business attorneys. Our firm focuses on the representation of creative and entrepreneurial people and companies involved in music, tv/film, theatre, dance, entertainment, new media, and technology.
Brian Mencher, partner in the entertainment law firm of Beame & Mencher LLP, will be speaking at the Artist Manager Conference (AMCON2010) in New York City on October 14th-15th. He’ll then be presenting Songwriters Law Seminar at New Noise in Santa Barbara on November 4th-6th. Songwriters Law Seminar is a three-part series (or one day presentation) examining the business of music, songwriters, and music publishing.
ATTENTION LOS ANGELES: Songwriters Law Seminar coming to Los Angeles on November 7th!!!
Register by October 15th and save over 30% – use promo code EARLY30. Space is limited!
Songwriters Law Seminar comes to Los Angeles!
Please join Beame & Mencher LLP in Los Angeles, California on Sunday, November 7th, 2010 from 4:00pm – 9:00pm for Songwriters Law Seminar – a three-part series exploring the business of music, songwriters, and music publishing. Songwriters Law Seminar will be hosted by HoriPro Music Academy, an international music publishing company, and will include a Q&A session with Vince Quintero, creative director of HoriPro’s L.A. office.
2372 Veteran Avenue
Los Angeles, CA 90064 Google Maps
Seating is very limited.
Songwriters Law Seminar is a comprehensive exploration into the business of music, songwriters, and music publishing.
Part One: Copyright & Collaboration – Protecting Your Work and Earning Money
In this part, we will learn about the role copyright law plays in a songwriter’s career and discuss ways of earning money from songwriting (and how to obtain a copyright). We will also explore songwriter collaboration – common oversights made during the process and the importance of a songwriter agreement.
What is a copyright and how do I get one?
How do I make a living from my songs?
What should I know about collaboration before I embark on one?
——————————–
Part Two: Publishing Contracts (& Other Licensing Deal Terms)
In part two of the seminar, we’ll introduce the role of the music publisher. This part explores the different types of publishing agreements and the particular deal points to be negotiated. We will also discuss the major deal terms of any licensing contract, focusing on licenses for film, television, commercial, and video games. At the conclusion of this seminar, we’ll discuss the importance of treating your career like a business and walk you through the steps for creating your own business as songwriter/self-publisher; and we’ll present the additional factors a business person should consider in creating a full-fledged publishing company.
The role of a music publisher.
Material contract terms of a co-publishing and administration agreement.
Other music licenses and the important deal points to negotiate.
Starting your own music company – business formation 101.
——————————–
Part Three: Singer-Songwriters and Recording Agreements – Implications on Publishing
Part Three of the Songwriters Law Seminar focuses on songwriters that are also recording artists. This part explores the interplay between songwriting, publishing deals, and recording contracts – examining the differences in copyright protection between musical compositions (songs) and sound recordings (masters), highlighting the impact of the controlled composition clause of a recording agreement on a songwriter’s publishing, and looking to the role of the “360 deal” on the future of music publishing (if any).
Musical Composition & Sound Recording – Knowing the Different Rights and Organizations.
Which Came First?: Publishing Deal or Recording Contract.
The Impact of the Controlled Composition Clause on Publishing.
“360 Deals” and their Impact on Music Publishing (if any).
Beame & Mencher LLP is a boutique law practice based in New York City providing legal advice and counsel primarily in the entertainment industries. We are forward-thinking, outside of the box, attorneys. Our firm focuses on the representation of creative and entrepreneurial people and companies involved in music, tv/film, theatre, dance, entertainment, new media, and technology.
Please join Beame & Mencher LLP in Los Angeles, California on Sunday, November 7th, 2010 from 4:00pm – 9:00pm for Songwriters Law Seminar – a three-part series exploring the business of music, songwriters, and music publishing. Songwriters Law Seminar will be hosted by HoriPro Entertainment, an international music publishing company, and will include a Q&A session with Vince Quintero, creative director of HoriPro’s L.A. office.
2372 Veteran Avenue
Los Angeles, CA 90064 Google Maps
Seating is very limited.
Songwriters Law Seminar is a comprehensive exploration into the business of music, songwriters, and music publishing.
Part One: Copyright & Collaboration – Protecting Your Work and Earning Money
In this part, we will learn about the role copyright law plays in a songwriter’s career and discuss ways of earning money from songwriting (and how to obtain a copyright). We will also explore songwriter collaboration – common oversights made during the process and the importance of a songwriter agreement.
What is a copyright and how do I get one?
How do I make a living from my songs?
What should I know about collaboration before I embark on one?
——————————–
Part Two: Publishing Contracts (& Other Licensing Deal Terms)
In part two of the seminar, we’ll introduce the role of the music publisher. This part explores the different types of publishing agreements and the particular deal points to be negotiated. We will also discuss the major deal terms of any licensing contract, focusing on licenses for film, television, commercial, and video games. At the conclusion of this seminar, we’ll discuss the importance of treating your career like a business and walk you through the steps for creating your own business as songwriter/self-publisher; and we’ll present the additional factors a business person should consider in creating a full-fledged publishing company.
The role of a music publisher.
Material contract terms of a co-publishing and administration agreement.
Other music licenses and the important deal points to negotiate.
Starting your own music company – business formation 101.
——————————–
Part Three: Singer-Songwriters and Recording Agreements – Implications on Publishing
Part Three of the Songwriters Law Seminar focuses on songwriters that are also recording artists. This part explores the interplay between songwriting, publishing deals, and recording contracts – examining the differences in copyright protection between musical compositions (songs) and sound recordings (masters), highlighting the impact of the controlled composition clause of a recording agreement on a songwriter’s publishing, and looking to the role of the “360 deal” on the future of music publishing (if any).
Musical Composition & Sound Recording – Knowing the Different Rights and Organizations.
Which Came First?: Publishing Deal or Recording Contract.
The Impact of the Controlled Composition Clause on Publishing.
“360 Deals” and their Impact on Music Publishing (if any).
Beame & Mencher LLP is a boutique law practice based in New York City providing legal advice and counsel primarily in the entertainment industries. We are forward-thinking, outside of the box, attorneys. Our firm focuses on the representation of creative and entrepreneurial people and companies involved in music, tv/film, theatre, dance, entertainment, new media, and technology.
The materials contained on this website have been prepared by Beame & Mencher LLP for informational purposes only and are not legal advice or counsel. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Online readers should not act upon any information in this website without seeking professional counsel. The information contained in this website is provided only as general information, which may or may not reflect the most current legal developments.
South By Southwest, in conjunction with 
