when to hire an attorney for singer songwriters

by Alvah Kautzer 4 min read

When Should You Consider Hiring A Lawyer?

  • 1. Before Signing An Agreement Between Band Members ...
  • 2. Before Signing An Agreement With A Manager ...
  • 3. Before Signing An Agreement With A Label ...
  • 4. Before Signing A Licensing Deal ...
  • 5. You Find Out Someone Is Infringing On Your Copyright ...
  • 6. You Want Out Of A Deal ...
  • 7. You Want To Register A Trademark ...
  • 8. You’re Signing A Publishing Deal

Full Answer

Do I need a lawyer to write a song?

Some songwriters may need to hire a lawyer to work out a contract or to face infringement cases. Pursuing a remedy to whichever situation is important, and this could help prevent complications in acquiring royalties or revenue from music deals with others.

What happens when a songwriter uses his or her music?

When a songwriter uses his or her music with a video such as through television, a YouTube video or other social media, he or she may have additional royalties through these services. The songwriter may also license his or her song for use with these services.

What are the rights of a songwriter?

These rights are governed by copyright law. Songwriting and publishing royalties can be a substantial source of income, particularly if a song becomes a hit record. When a song is written, a property is created that can be exploited, by the writer or others, for profit.

How long does a songwriter have to sign a contract?

The songwriter may have signed only a one year contract that applies to songs written over a one year period, but which transfers those songs to the publisher for the duration of copyright. The author can regain his/her authorship by reversion.

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Why does a musician need a lawyer?

There are extensive record deals to be signed, intellectual property to be protected, and trademarks and copyrights to establish. Musicians need lawyers because navigating these areas can be difficult and sometimes even impossible without the right know-how.

What is a music lawyer called?

Also known as an Entertainment Lawyer, you have great knowledge of the music industry and the companies that produce records. Using your negotiation skills, you may help a band sign its first record deal or negotiate its percentage of sales.

Do songwriters have agents?

Basically, a music publisher is the "real estate agent" for your song. Much like a realtor contracts with a homeowner to sell a house for a percentage of the sale price, so a music publisher contracts with a songwriter to exploit the earning potential of a song for a percentage of those earnings.

What does a record label lawyer do?

A record label lawyer is responsible for overseeing the legality of contracts and other transactions between musicians and the parties who pay them. They can negotiate contracts between artists and record companies, as well as copyright agreements and other binding documents.

What do lawyers do in the music industry?

What is A Music Lawyer? A music lawyer is a specialized attorney who deals with legal issues surrounding the music industry. They are trained to handle a wide range of legal issues, like contract management, copyright claims, trademark disputes, artist representation, and many more.

What type of law is entertainment law?

Entertainment Law is a comprehensive body of law that includes business formation, contracts, employment, and intellectual property law, and the negotiation and drafting of industry specific agreements.

How do I sell a song that I wrote?

Pitch your song to a music publisher. Artists will get songs from a wide range of sources, including their record label, manager, producer, studio musicians, friends, loyal fans, and family. But to pitch your song to established artists, your best bet is to go through a music publisher.

How do I get an agent for singing?

Ask For Referrals Acting and singing agencies tend to give preference to applicants who are referred to them by rostered talent, those performers who are already signed with the agency. If you have friends or professional acquaintances who already have an agent, ask for a referral.

How do I find a singer agent?

Here are some first steps.Target Specific Agents And Agencies. There are all sorts of agents out there. ... Put Together Good Bills And Play Live Regularly. Wherever the agents are is where you should be playing. ... Send A Good Email. ... Follow Up Once Or Twice. ... Keep People In The Loop. ... Don't Get Discouraged.

What degree do you need to become an entertainment lawyer?

The common degree for entertainment lawyers is the Juris Doctor (J.D.) degree. This degree program typically takes three years to complete, although many schools now offer part-time programs. Part-time programs take longer, often about four years to complete.

How do I become a music lawyer UK?

Provided you achieve a 2:1 for your degree, you can take a 'conversion course' - either a Common Profession exam or Graduate diploma in law for a year. This should be followed by a one year Legal Practice Course (LPC). After that you'll need to be trained 'on the job' on a two-year training contract with a law firm.

Do artists need lawyers?

Artists need help doing a trademark or copyright. They need that type of advice from a lawyer or they can find themselves in litigation. People will also take artists' art, design, or photos and post them on social media channels or web pages.

How much do music lawyers make UK?

PRS for Music Salary FAQs The average salary for a Lawyer is £61,881 per year in United Kingdom, which is 3% higher than the average PRS for Music salary of £59,659 per year for this job.

How do I become a music lawyer UK?

Provided you achieve a 2:1 for your degree, you can take a 'conversion course' - either a Common Profession exam or Graduate diploma in law for a year. This should be followed by a one year Legal Practice Course (LPC). After that you'll need to be trained 'on the job' on a two-year training contract with a law firm.

Is there a grey area in the music industry?

There is a lot of grey area in the music and recording industry, so it is important to protect your rights. A music and recording attorney may be able to advise on copyrights and song rights if you are in the business.

Do I Need a Music and Recording Attorney?

For many, considering a music and recording career does not equate to hiring a music and recording attorney. Depending on what you plan on doing in the music and recording business, this may be one of the most important decisions you make. Not only who to hire, but when to hire a music and recording attorney should be considered.

How do royalties work for songwriters?

Royalties that transfer to songwriters are an income stream that the federal government of the United States dictates. No matter how much the cost of doing business with music rises, the songwriter is not able to increase royalty income if the federal government does not permit it with certain processes. For personal performances, the songwriter may receive immediate income from independent sources that bypass the federal government, but the royalties themselves require dictated rules through the federal government agencies. To acquire this income, the songwriter may need to wait for years. The time it takes to receive the money changes based on what the federal government says which could change based on the popularity of the song.

What are the types of royalties for songwriters?

With songwriters, there are normally three types of royalties possible for income streams they receive. These are the mechanical royalty, performance royalty and the synch fees. The mechanical royalty is a form of income that transfers to the songwriter for the sale of the songs within an album or through a legal digital download purchase by a customer. The rate that the individual songwriter will receive is set up through the Copyright Royalty Board that has three judges that meet every five years to establish and implement the rates provided. The current rate in the 2010’s is at 9.1 cents per each song or digital download purchased by a person.

Why is it important to know the royalties of a song?

It is essential for a songwriter to know when he or she has an entitlement to royalties for the lyrics or music created that a company or station airs in the country. Knowing these details or signing a contract that stipulates how much income the songwriter will earn is important for current living and to progress through the future as a singer or songwriter.

Do songwriters need a lawyer?

Some songwriters may need to hire a lawyer to work out a contract or to face infringement cases. Pursuing a remedy to whichever situation is important, and this could help prevent complications in acquiring royalties or revenue from music deals with others.

How long is a song copyrighted?

The Copyright Act of 1976 provides that the copyright for songs created on or after January 1, 1978 lasts until the death of the songwriter, plus seventy years. Thereafter, the work falls into public domain, with no copyright protection. If the song was written by more than one collaborator, the term of copyright would be the life of the last surviving writer, plus seventy years. In the case of songs “made for hire”, the employer, not the songwriter, is presumed to be the author. The copyright life of a work for hire lasts the lesser of 95 years from the date of publication, or 120 years from the date of creation. Characterization of a work as “made for hire” also determines the owner’s renewal and termination rights. The copyright duration for songs written after January 1, 1978, is generally the life of the songwriter plus 70 years.

What happens when a song is written?

When a song is written, a property is created that can be exploited, by the writer or others, for profit. Therefore, the rights to that property are subjects of legal maneuvering. Whether a song is written alone, in collaboration with another writer, or as someone else’s employee, legal rights in the song are at risk.

How does copyright work?

United States copyright laws elaborate by granting copyright owners exclusive right to reproduce the copyrighted work in copies or phonorecords, prepare derivative works based on the copyrighted work, and distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending, and Perform or display the copyrighted work publicly. However, these rights are subject to various limitations. Generally, the songwriter is the author. If two or more people collaborate in the writing, the law presumes that all the writers contributed equally, and therefore own the song and its copyright equally. The ownership percentages can be well defined between co-writers.

Can a song be copied?

Legally, songs may only be copied or performed publicly by permission of the authors. The legal power to grant these permissions may be bought, sold or otherwise transferred. These rights are governed by copyright law. Songwriting and publishing royalties can be a substantial source of income, particularly if a song becomes a hit record. When a song is written, a property is created that can be exploited, by the writer or others, for profit. Therefore, the rights to that property are subjects of legal maneuvering. Whether a song is written alone, in collaboration with another writer, or as someone else’s employee, legal rights in the song are at risk.

Is a song copyrighted?

Copyright protection exists for original works of authorship as soon as they become fixed in a tangible form of expression. An original song recorded on tape qualifies for copyright protection automatically. Registration with the government is not mandatory. The musical notations, transcriptions and a recording of the song mailed under a certificate to the songwriter with a return receipt stand as proof of the song’s copyright. However, registration of a song with the United States Copyright Office establishes a public record of the songwriter’s copyright claim giving access to federal courts for infringement actions. It shifts the burden of proof regarding the validity of copyright to the other side enabling the judge to award statutory damages, and recover author’s attorney’s fees if the infringement suit is successful.

How many years of day in day out experience is a songwriter?

Songwriter and producer with 5 years of day in day out practical experience.

What are the strengths of a lyrical songwriter?

Lyrical songwriter with strengths in flow and melody, catchy hooks, and dope verses.

Alan B

"I can't begin to tell you how happy I am with the wonderful job Alan did. He brought my words to life." "Alan did exceptional work throughout his contract. He does the work of two writers in half the time." I 9-5 scribe children's books, short stories, and rhymes, creating magic with words. When you hire me, I'll treat your project as my own.

David J

I have a vast array of life experiences. I am a polymath. A jack of all trades. I have tried my hand at many things and all of these experiences have given me something to say. About spirituality, about the environment, about relationship, and about the connection between all of the above.

Philip S

I have an MFA in Creative Writing, and have published poetry and short stories. I'm the head writer of a sketch comedy group, and have written speeches, songs, essays, and a musical. (I'm also a musician.) As a producer, I have extensive experience writing press releases and online content.

Willis B

Working tirelessly since 2009 to perfect my artistry, I've catered to a broad cross-section of the music buying public and conquered many genres in the process. I specialize in Hip-Hop, R&B, Future Bass, Glitch, Trap and Electronic Dance Music. Each beat and lyric stamped with industry quality.

Donald F

Ghost writer, producer, and audio specialist scoping new opportunities to add to my professional portfolio. My other skills include; Voice-Overs, Podcast production, Copywriting, and Tutoring/mentoring.

Georgia L

Hello! My name is Georgia. I am a creative content writer, songwriter, screenwriter, reviewer, transcriber, and author. With over 10 years of experience I provide writing, review, transcription and translation services. I'm here to help you create and perfect content.

Christopher R

For 10 years I have been living and working in Los Angeles in jobs ranging from research assistant to studio musician. Each new job brought obstacles to overcome, and I have built a career for myself out of rising to the challenge.

Do musicians love art?

Sure, all musicians love the art. Love the craft. Have a passion that bleeds out of their eyeballs. It’s the only reason they chose such an unstable career.

Do gigs pay for bands?

Early on, your gigs will not pay for your band and you’ll have to take losses. But those early investments into your career will payoff when you’re selling out venues with the same players who have felt respected and cherished from day one.

Do young musicians take gigs?

Young musicians will tend to take gigs for free, however. For experience. Some friends might even agree to play your gig as a favor. Or because they believe in you. They may even say “for fun.” But be very cautious about getting a volunteer band together. If they get offered a last minute paid gig the same night as your show, you may be left without a drummer hours before you hit the stage.

Should musicians come to rehearsals?

It's definitely expected and appropriate for musicians to come to rehearsals fully prepared with the songs ready to go. Yes, they should spend time on their own learning the songs/creating charts/etc. Rehearsals should consist of running the songs 2-3 times, not teaching the parts.

Do singers hire MDs?

Great point! Totally forgot to talk about MDs. Yes, many singer/songwriters choose to hire an MD who is much more versed in music theory and band leadership to head the operation. MDs typically get a higher rate than the other players and are more invested in the overall success of the project. Many times the producer is the MD (if she is also a player).

Can everyone make their own calls?

For sure. Everyone can make their own calls. This is for the people who hire freelancers. Friends playing with friends is wonderful.

Do you need to lead rehearsals?

You need to lead your rehearsals. Your players have agreed to play YOUR gig with YOUR name on the bill. They may be the lead songwriter and front person of their main project, but for this gig, they defer to you.

Who wrote professional song lyrics?

Professional Song Writing (Lyrics, Melody, Chordal Accompaniment) by singer / songwriter / composer Hannah Cheetham. I will write a song demo to suit your given subject matter & style brief - ready to be sung by your vocalist! (If you...

What to say when someone says "I will write you a song lyrics"?

I will PROFESSIONALLY write you a song lyrics. If you have an idea, I will work around that. If you don't have any specific idea or theme, that is fine too. I will put my best work into creating a product that you will be happy with. ...

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