what percentage does an attorney get in a music deal

Do I need a lawyer in the music industry?

Alternatively, some attorneys will take a percentage, usually five percent, of your gross income. Attorneys who work on percentage usually only do so for high net worth clients, as otherwise the number of hours invested in a client may greatly exceed the amount paid to the attorney.

What rights do they want in a music contract?

Often in the case of artists who are signed to a major label, the attorney will represent the client on a percentage basis (most often 5%) of the artist's annual entertainment industry income, and so, the attorney is in effect being paid a commission of your annual income, instead of charging you an hourly rate for the legal work done.

How much does a song producer get paid for a song?

Attorneys working on a percentage are usually paid by the client’s business manager. 2. Sign the engagement letter and complete any attorney paperwork. When you've communicated to the attorney that you would like to hire him or her, the attorney will most likely require you to sign an engagement letter or fee agreement.

What is the percentage ownership of a song by a producer?

Mar 26, 2016 · Typically, 5 to 10 percent goes to the attorney who negotiates the deal. This is based on whatever you receive, whether it's from an advance payment or …

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What is a music lawyer called?

Why you need a music lawyer?

What percentage do attorneys take?

Alternatively, some attorneys will take a percentage, usually five percent, of your gross income. Attorneys who work on percentage usually only do so for high net worth clients, as otherwise the number of hours invested in a client may greatly exceed the amount paid to the attorney.

How much do attorneys charge in Los Angeles?

Fee structures vary greatly among attorneys. In Los Angeles, attorneys tend to range from about $250 to $750 or more per hour. Some attorneys require an upfront retainer payment, which is an advance against fees earned. Other attorneys will not require an upfront retainer payment, but will bill you after the work has been completed. In both of these scenarios, attorneys will keep track of the amount of time that they worked on your matter, and then multiply their hourly rate by the amount of time spent on your matter to calculate your total fee. There are also attorneys who will also work on a flat-fee basis depending on the task at hand.

How much does it cost to trademark a logo?

If you are registering in more than one class, multiply that number by the number of classes for which you are applying. Again, the application itself probably takes about an hour of time, but the Trademark Office usually requires amendments to be made later, which are again based on the attorney's time spent on those amendments. The number of amendments requested depends on the mark, other marks already registered, and the attorney at the trademark office assigned to your application. A trademark search from a reputable company starts just under $800 for a word mark and just over $600 for a logo.

What are additional fees that may need to be paid to your attorney?

Other additional fees that may need to be paid to your attorney may involve things like postage or copying costs on your behalf. These are not ordinary costs in an attorney’s business. You are paying the attorney for his or her time, skill, experience, and advice, not for secretarial matters that are the client’s responsibility. These are fees that will be incurred no matter what your attorney’s fee is, but it's important to remember that they are your responsibility so you can include them in your budget.

What makes a lawyer more expensive?

1. Experience. A lawyer with more years of experience will typically be more expensive than someone who is newly licensed. Also, an attorney with more experience in (or who devotes the majority of his or her practice to) a certain area of law will be able to charge more than someone who only dabbles in that area.

How much does it cost to get a copyright?

Copyright registrations are usually $35 to $55 for the registration fee, plus the time it takes for your attorney to file the application. Absent complicating circumstances and including only a small group of titles, this should usually take about an hour or less of your attorney's time.

What to ask when interviewing a lawyer?

When you're interviewing a potential attorney, ask about his or her rates and fee structure to determine if you can afford that particular attorney.

What does an attorney need to know about music?

In the case of the music industry, attorneys needs to have a deep understanding of a very complex set of laws (intellectual property, contracts, etc.) in addition to the business and intricate payment practices of a very unique industry.

What happens when you hire an attorney?

Once you've officially hired the attorney, you can then send whatever contracts or other information you need the attorney to review. The attorney can also start making phone calls or otherwise acting on your behalf.

What is percentage client?

Percentage clients are usually those making sizable incomes and receiving large advances, as otherwise the attorney would be putting in a lot of time in exchange for pennies. Hourly and flat-fee models will often require an upfront retainer, which is an advance payment of fees by the client.

Do you have to sign an engagement letter with an attorney?

When you've communicated to the attorney that you would like to hire him or her, the attorney will most likely require you to sign an engagement letter or fee agreement.

What happens if you don't sign a music publishing deal?

If you never sign a music publishing deal of any kind, you will retain 100% of the music publishing revenue and ownership in your songs, meaning you will own the full pie. If you sign a music publishing agreement, you give up part of the Publisher’s Share, or the left half of the pie. Let’s look at how that might happen.

What are the different types of music publishing agreements?

The 3 main types of music publishing agreements are: 1) Publishing Administration Agreement. Often artists want to retain ownership in their music publishing, but hire a third party to exploit their catalogue of songs (through film/tv placements, etc.).

What are the two revenue streams for music publishers?

The two key revenue streams for music publishers are mechanical royalties (royalties from the ‘mechanical’ reproduction of the songs) and performance royalties (royalties earned from the public performance of the songs). Any time you hear a song on the radio, at the grocery store, at a hockey game, or on a video game, ...

How much of a publisher's share is John M Music?

In Canada, I believe the admin (you) would take 25% for example, then the remaining 25% of the publisher’s share would be John M Music, and the 50% writer’s share would be his personal name. But please check with ASCAP as things might be different in the US.

What is a co-publishing agreement?

2) Co-Publishing Agreement. The Co-Pub deal is the norm in the business today. The music publisher and the writer co-own the copyrights in the musical works and the music publisher administers the copyrights in the works.

What was the main function of music publishers?

Until the 20thCentury, a music publisher’s main function was administrating printed music in all its forms. However, as 20thCentury technology extended the use of music, so the responsibilities of publishers similarly widened to include the licensing of music on records, radio, television, films, concerts and, more recently, tapes, compact discs, satellite and cable distribution, karaoke, video games, computer software, CD-ROMs and other forms of multimedia, etc.

What is music publishing revenue?

Any time you hear a song on the radio, at the grocery store, at a hockey game, or on a video game, music publishing revenue is being generated and collected (in theory) by a publisher on behalf of an artist.

How much royalty does a music producer get?

As noted above, a royalty for a music producer hired by an artist or small label may be structured based on net receipts or net ‘profits.’ A traditional royalty for a producer who works with a big label is 3% to 5% based on the artist’s royalty. Net profits should be defined fairly, for instance, as the gross monies received from the sale or license of the tracks minus the producer’s fee and other production costs (see annotations for the last agreement in this installment.)

How does a producer get paid?

This means that once gross income exceeds production costs, the producer is paid for all prior records sales – the artist is not.

What happens to a work for hire agreement?

If the agreement is a sale, it will usually be structured as a ‘work for hire.’ In a work for hire agreement, the producer loses all rights in their beat, including the copyright and the right to use the beat again for any purpose. If, on the other hand, the grant of rights is a non-exclusive license, the producer keeps the copyright, and retains the right to use it or make other deals.

What is a beat in music?

Many artists, particularly in hip hop and R&B but also in pop music, work with drum, digital or other percussive “beats” as core elements of their recordings. Often, an artist or indie label will search for the right beat on which to base a song. Although some beats are sampled, others are purchased or licensed from a producer who creates beats with digital drum machines or other studio equipment.

What is a producer in music?

Often in pop, R&B, and especially hip hop, producers are creating new music by providing beats or even complete music floors over which an artist sings or a rapper ‘spits.’. In that case, the producer is creating two copyrights: the sound recording and a part of the musical composition.

Why is a beat considered a musical composition?

A beat is usually both a sound recording and a musical composition because the recording of a beat contains a separately copyrightable musical work. For many years, producers generally did not create new music. They just recorded and tried to enhance songs created by a songwriter who may have been the artist.

Is a beat a musical composition?

But copyright law also protects ‘sound recordings,’ that is, recordings of musical compositions. A beat is usually both a sound recording and a musical composition because the recording of a beat contains a separately copyrightable musical work.