Introduction to Contracts in Music

1. Music Business Essentials
CONTRACTS &
LEGAL ISSUES
© 2006 musicbizclasses.com

2. Legal Basics
• Attorneys handle legal matters
& must be licensed to practice in
the state(s) in which they practice
• You may provide your own legal counsel
• ONLY licensed attorneys can dispense
legal advice to others
• Typical payment arrangements for attorneys:
– Hourly Fee
– Flat Fee
– Monthly Retainer
– % or points of clients gross income
(approx. 5 %)
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3. Legal Basics
• Attorneys can be generalists or
specialists
• Not all attorneys will understand the
music business--look for someone who
works consistently in the music industry
• Types of law needed in the music
industry:
– Contract & Business Law
– Intellectual Property Law- especially
Copyright and Trademark
– Tax Law
– Estate Law
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4. Typical Music Business
Contracts
• Band Partnership agreement
• Co-Writer agreement
• Publisher agreement
• Artist Management agreement
• Label shopping agreement
• Licensing agreements
• Recording contract
• Distribution deals
• Performance/Live Event agreement
• Merchandising agreement
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5. Elements of a standard
contract
• Date & Jurisdiction
• Parties to the agreement
• Term- length
• Exclusivity
• Ownership rights
• Payment terms and arrangement
• Credits
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6. Elements of a standard
contract
• Warranty
• Breach or Default
• Expenses/Chargebacks
• Audits
• Arbitration
• Option to renew
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7. Working with Attorneys
• Study your business situation and
analyze exactly what you need from
the attorney-
– Planning and implementing
business structures
– Drafting a contract for you and
your new manager
– Application for a U.S. Trademark
– Risk Analysis for your new venue
• Many attorneys work on “billable hours”-
conversations can be charged to you
© 2006 musicbizclasses.com

8. Working with Attorneys
• Keep your discussions focused and to
the point-designate only one point
of contact between a group and
the attorney
• Hire the best attorney your money can
buy- it will save you money and time
ultimately-- try to avoid using friends,
family or acquaintances as your attorney,
unless they are highly qualified to
give music industry-specific legal advice
© 2006 musicbizclasses.com

9. Working with Attorneys
• If you are signing a contract with a
record label, make sure your attorney
knows how to draft and redline
recording contracts
• Don’t sign a record contract
without experienced legal representation
• Your attorney is a service provider--
you can terminate your relationship
with your attorney at any time
© 2006 musicbizclasses.com

10. Legal Resources
•Legal Self-Representation:
Nolo Press- nolo.com
•Free Legal Advice:
Volunteer Lawyers for the Arts:
http://www.askthemusiclawyer.org
Ask the Music Lawyer™ hotline
212.319.2787 x1
© 2006 musicbizclasses.com

11. For Educational Use Only
This slide presentation is part
of the Music Business Essentials series.
Contact
info@musicbizclasses.com
for more information
© 2006 musicbizclasses.com