what if i need to sign for my band but i dont have an attorney

by Prof. Lolita Smitham 10 min read

Do you need a band agreement?

Jan 28, 2021 · You want to sign a document such as a power of attorney, Will, or deed. You are physically unable to write your name. If you understand the document, and the consequences of signing it, you may have alternatives to a physical signature. Could a notary public help me? Yes. A notary can sign for you if all these are true: You have a disability ...

Do I still have rights in my performances on the recordings?

Sep 07, 2017 · Putting a band name on a t-shirt is not enough to establish trademark rights for t-shirts. The name would have to appear on a neck tag, hang tag, or, packaging for the clothing items. With stickers and pins, the name would need to appear as the brand of the stickers and pins not just on the front of them.

Should the other songwriters sign a session player agreement?

What is a Band Agreement? A Band Agreement is a contract between band members, much like a partnership agreement is to a partnership. It simply outlines how the band business will be run. If you don’t run your band at least somewhat like a business, please stop reading and choose an easier career. You won’t make it in this one.

Can you put a band name on a T-shirt?

Aug 10, 2018 · My advice: sign a Band Agreement that deals with these issues and clarifies the rights of each member. If no Band Agreement exists and you’re having a dispute with a current or former member, you have the choice of discussing it with them or discussing it through lawyers. ... So it sounds like you need to speak with an attorney as well. If ...

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How do you write a band agreement?

How do you create a band agreement?Set aside a few hours together without distractions.Make a list of areas to cover.Go over each component and come up with a compromise.Draft the agreement.Have a lawyer review and revise it.Sign it.May 21, 2014

How much money do you get when you sign a record deal?

Per IFPI, a record label will typically invest anywhere from $500,000 to $2,000,000 in a newly signed artist. That's a wide spread to be sure, and a large amount of money from the perspective of most. Here's the basic breakdown of how these funds are allocated: Advance: $50,000 to $350,000.

Do you have to pay to get signed to a record label?

Generally, a record company does not charge an artist an upfront fee to sign with their record label as a recording artist.

Why do you need a music lawyer?

If someone wants to license your song to use in an ad, movie, or other production, hire a lawyer. This way you can be sure they're not using your song in something you don't want to be associated with. It also ensures you'll be compensated fairly.

What do I need to know before signing a music contract?

Here are five tips every artist should consider before signing their first recording contract.Watch out for contracts with an initial term lasting more than one year. ... Get a release commitment. ... Make sure your royalty rate is reasonable. ... Watch out for hidden royalty deductions.More items...•Jul 3, 2015

What is the best record label to be signed to?

Sony Music Entertainment: Widely popular by the name “Sony Music”, this American music company was founded in 1929 by the name American Record Corporation. ... Universal Music Publishing Group: ... Warner Music Group: ... Island Records: ... BMG Rights Management: ... ABC-Paramount Records: ... Virgin Records: ... Red Hill Records:More items...•May 19, 2017

How much do labels pay artists?

Record Label Royalties As a quick reference, record labels can keep a cut anywhere from 50-90% of your earnings. It is an industry norm for a new artist to only receive 10-16% of their sales.

Do record labels ask for money upfront?

Generally, a label will advance costs of production and promotion (or just promotion with many indie labels). It is unusual for them to ask for money.

How do bands get signed?

To get signed by a record label, it's best to be as prepared as possible and have all your lyrics organized and demos created. It is possible that a record label will sign you without a demo if they think you have enough potential, but it is smarter to have recordings of your songs already for them to hear.

How much does a music lawyer cost?

Typically, a music lawyer will charge 5%. It could be 5% of a specific contract or 5% of your earnings from the music and entertainment business and your fee agreement should be clear on this.Jan 8, 2018

Do artists have lawyers?

Most artists begin relationships with lawyers when something catastrophic happens. Don't wait! It's much better to find a lawyer before you find yourself in hot water. From trademark dilemmas to litigation woes, it's important for artists to know when and why to consult a lawyer.

What percentage of music artists gross income from work generated by the agency or otherwise eligible for commission do national booking agencies generally take?

What is the most common commission cap range that artist unions impose on agents? What percent of the music artist's gross income from work generated by the agency or otherwise eligible for commission do national booking agents generally take? 10%?

Why is it important to protect your band name?

Protecting the name of your band or musical acts name can help prevent confusion and can make marketing easier in the crowded music space. However, there are certain ways that musician trademarks differ from a typical trademark, especially in the requirements for registering a trademark for musical recordings with the United States Patent ...

What is a trademark if it is not registered?

While trademark rights exist even if the trademark is not registered, registering the trademark takes your otherwise limited, local rights (unregistered trademark rights) and helps provide protection throughout the United States. In legal terms, it helps prove that you are, in fact, the owner of a trademark and that the trademark is protectable.

What happens if someone uses a similar trademark?

If someone uses a similar trademark during that time, once you begin use, you will be in a strong legal position to ask them to stop using the trademark. However, you must have a bona fide intent to use the trademark, meaning that you cannot stockpile names with the vague thought that you may someday use it.

How long can you keep a trademark?

You can reserve rights in a trademark for up to three years through an “intent to use” application. By filing to reserve rights, no one can register a confusingly similar trademark while you prepare to release music and perform live.

Do you have to register a band name to perform?

In order to register for live performances, you will need to have performed live under the band name. A flyer, website, or other advertisement will be good evidence that you’ve performed under the name. However, the performance can’t be a “one-off” performance just for the purposes of registering the trademark.

Do you have to trademark a band name on a t-shirt?

Pop stars will likely have their name in the neckline or on a tag indicated that these are “branded” products as opposed to just promotional products. Putting a band name on a t-shirt is not enough to establish trademark rights for t-shirts.

What are the issues covered in a band agreement?

Some of the main issues covered in the Band Agreement include: – who owns the compositions. – who owns the master recordings. – who owns the band name. – what happens if a member leaves. – how decisions are made (i.e. majority vote, unanimous decision, etc.) – how revenue is divided from touring, record sales, merch sales, publishing revenue, etc.

Why do bands need an agreement?

Why Have a Band Agreement Drafted? The Band Agreement is perhaps the single most important document a group of musicians can have to ensure that things in the group run smoothly as their career progresses. Whether you are a new band or a well-established one, you need this agreement.

What is a band agreement?

A Band Agreement is a contract between band members, much like a partnership agreement is to a partnership. It simply outlines how the band business will be run. If you don’t run your band at least somewhat like a business, please stop reading and choose an easier career. You won’t make it in this one. Some of the main issues covered in the Band ...

Can a band stop you from using your name?

Often when a member quits, threatens to sue, or simply refuses to let the other members carry on as a band. Without a Band Agreement in place, any one member of your band might be able to stop you from using the band name if he/she chooses.

What rights do you have as a co-writer?

Co-writer Rights. If you are a co-writer of the composition that was recorded, you are entitled to a percentage of revenues generated from the songwriting copyright. Some drummers are considered songwriters, some aren’t. Some guitar players are considered songwriters, some aren’t.

What happens if you don't sign a pub deal?

But if your indie band has not signed a pub deal, the principle applies: one writer can stop the other writers from using a co-written song, unless something is put down in writing between them. If you are not considered a co-writer of the composition, you still have certain rights in your performanceon the recording.

What would happen if David Lee Roth wrote Hot For Teacher?

For example, if David Lee Roth co-wrote Hot For Teacher, he could stop the other members of Van Halen from using that composition once he left the band.  However, this principle does not apply if a publishing agreement was signed, as these rights would be assigned to a publisher (which they were in this instance).

What revenue streams are generated from copyright?

The revenue streams generated from the sound recording copyright include record sales (both digital and physical), streaming royalties, master use license fees (to use the actual recording of the song in film and television), and more. Co-writer Rights.

Can a single writer use a composition without the consent of the writer?

Without something in writing in that regard, no single writer can use the compositions without the consent of the writers. So it sounds like you need to speak with an attorney as well.

Is a guitar player a songwriter?

Some guitar players are considered songwriters, some aren’t. It really depends on the agreement you have with your bandmates, and the extent of your contribution to the song in question. If you are indeed a co-writer, the other writers cannot exploit the recording containing the composition without your written consent.

Is it necessary to have a contract?

As Robert said, sometimes they're required, sometimes they're not. However, my view on contracts is that even when they're not required, they're usually a good idea.#N#Remember, a contract is an agreement between two people -- and it thus protects BOTH of you. It should lay out expectations of the parties, the promises each make...

Is a retainer agreement required?

The general answer is no. A written agreement is required for retention based on a contingency agreement (like, say for a personal injury suit). But, a written agree is certainly a good idea. That way you will know the scope of representation, range of charges, retainer agreement, etc... 0 found this answer helpful.

Do you need a retainer agreement for a contingency agreement?

The general answer is no. A written agreement is required for retention based on a contingency agreement (like, say for a personal injury suit). But, a written agree is certainly a good idea. That way you will know the scope of representation, range of charges, retainer agreement, etc...

What is band in social media?

BAND is a group communication platform that helps you organize and engage with your groups. It works a lot like other social media platforms, where you can upload photos, videos and chat; but the biggest difference is it’s only for your group and it also offers more functionality including shared calendars, poll features, read receipts and many more!

What is band app?

The BAND app is a robust team communication platform and sometimes all the features and services we offer can be a little overwhelming. We’ve compiled our top four most frequently asked questions to help our new users get a quick overview of what the BAND app has to offer.

Can you make a band group?

Yes! BAND is designed to be customizable. You can create a Band Group for any type of activity or social gathering. Popular groups include: sports teams, faith based organizations, dance and cheer teams, gaming and family groups.

How to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

Why do judges get annoyed with lawyer shopping?

Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.

What are the bad things about lawyers?

Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.

Why is it important to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.

Is a lawyer responsible for your own legal affairs?

One important thing to realize is that, even though you hired the services of a professional, you are still ultimately responsible for your own legal affairs, and for what your lawyer says and does on your behalf. If you believe there is a problem with the service you are receiving, it may be vital to your interests to do something about it.

Does a lawyer-client relationship last forever?

. . . like all relationships, the lawyer-client relationship does not always last forever.

What to do if you don't file a trademark?

You can either hire an attorney and try to fight it (there is a chance the courts may not find in your favor, too), or you can come up with a new brand name.

How to protect your brand name?

If you have a unique brand name or logo, protect it. It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney.

How long does it take to trademark a name?

Once you've come up with a fabulous new name, make sure you trademark it before you tell anyone about that name. This is a process that takes a minimum of 4-6 weeks to complete, so it may take you a while to get this in place.

Can you trademark a word?

You'll have to fill out a ton of paperwork and common words can't be trademarked. For example, if the word “Biz” is part of your name, you can't just trademark the word “Biz” as thousands of businesses use that word. However, you can probably trademark a combination of words, such as “Biz Tipz for You”.

My Band

This song is the first single D12’s second album D12 World. The song has a satirical tone, suggesting Eminem is the lead singer of the “band”. The music video parodies other… Read More

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This song is the first single D12’s second album D12 World. The song has a satirical tone, suggesting Eminem is the lead singer of the “band”.

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