Creative People's Centre » Music Factsheets

Copyright for musicians

David McLaughlin — Fri, 23 Jan 2009 23:37:06 +0000

When it comes to music, copyright is the single most important legal concept. The whole value of music in the music industry is to a significant degree based on the basic rights that copyright provides. In this Fact Sheet we consider some of the key principles of copyright as it applies to musicians.

The specific questions we address are:

What is copyright?
How does copyright apply to musicians?
What else does copyright apply to?
What are the individual rights that are included in copyright?
Who owns the copyright in something?
Can more than one person own the copyright in something?
Do I have to register my copyright?
Are there any other requirements before copyright will apply?
How long does copyright last for?
How do people know that I am the owner of my copyright?
Are there any other ways I can let people know I am the owner of my copyright?
Are there any other organisations that can help me administer my copyright?
Are there any situations where copyright does not apply?
Are my copyright rights enforceable throughout the world?
What is copyright Infringement and how does it occur?
What can I do if someone is infringing my copyright?
How do I transfer my copyright to someone else?
Do I have to assign my copyright to enable someone else to use it?
What is the real difference between assigning and licensing copyright?
What are some of the agreements in the music industry that involve assignments and licenses of copyright?

Fact Sheet: Copyright for Musicians (776)

Licensing and Recording Agreements

David McLaughlin — Thu, 22 Jan 2009 05:00:37 +0000

Recording and Licensing Agreements are two of the most common agreements that are used in the music industry. However there are many specific aspects to these agreements that need to be carefully reviewed and considered in any case to ensure you are getting a fair deal. As no two agreements will ever be the same it is even more important that you have a good understanding of the key terms and mechanics of these agreements so as you can effectively evaluate any agreement that may be presented to you. In this Fact Sheet we consider some of these key terms and the related issues you need to be aware of.

The specific questions we address are:

What is a Recording Agreement?
Does the artist own the recordings made under the Recording Agreement?
What is a Licensing Agreement?
How long does a Recording Agreement last for?
How long does a Licensing Agreement last for?
What happens if I want to record for another record label?
Does the record label have the right to sell my records worldwide?
What is the record label’s obligation to actually release the sound recordings?
How does the record label get paid?
How much will I get paid?
Will I get paid from the first record sold?
How long will I continue to be paid royalties for?
Will there be any deductions?
Are there any other royalties I will be paid?
Are there any other ways royalties can be paid?
When will I be paid?
Will the record label pay for tours?
Will the record label pay for videos?
What is a 360 deal?

Fact Sheet: Licensing and Recording Agreements (1297)

Management Agreements

David McLaughlin — Thu, 22 Jan 2009 04:37:41 +0000

Few relationships are as important in the music industry as that of an artist and their manager. Far from being a straight contract for services Management Agreements have many aspects to them that are unique from other types of contracts you encounter. In this Fact Sheet we analyse some of the key aspects of Management Agreements that you should be aware of.

The specific questions we address are:

What is a Management Agreement?
Does a manager need any formal qualifications?
What exactly does a manager do?
What is the difference between a manager and a booking agent?
How long does a Management Agreement last for?
Will a manager represent me throughout the world?
Can I have more than one manager?
Can the manager assign the Management Agreement to anyone else?
If our band has a manager and I leave the band, does the manager still manage me?
Can a manager be a company as opposed to a person?
How much does a manager get paid?
Are there any exceptions to what a manager takes commission on?
Do I have to pay the manager’s expenses?
Do I still have to pay the manager commission after the end of the Management Agreement?
Will a manager control all income I receive?
Will a manager look after my personal tax issues?

Fact Sheet: Management Agreements (742)

Publishing Agreements

David McLaughlin — Thu, 22 Jan 2009 04:35:01 +0000

Publishing Agreements are probably the least well understood of the standard types of contracts that you encounter in the music industry. However, given the ever increasing opportunity for the use of music in all manner of new mediums, Publishing Agreements are fast becoming one of the most important types of contracts in the music industry. In this Fact Sheet we consider some of the key aspects of Publishing Agreements and the issues you should be aware of if you are ever considering entering into a Publishing Agreement.

The specific questions we address are:

What is a Publishing Agreement?
Does a Publishing Agreement mean that a publisher owns my songs?
What exactly does a Publisher do with my music?
Are there different types of Publishing Agreements?
What is an Administration Agreement?
What is a single song deal?
If I play in a band but don’t write songs do I need a Publishing Agreement?
Can a publisher do anything they want with my music?
Are there any guarantees as to what the Publisher will do?
Will a publisher pay advances?
How does a Publisher get paid?
Is a publisher entitled to a share of my APRA money?
How much will a Publisher get paid?
How much will I get paid?
When will I get paid?
What is the difference between the Term and the Retention Period in a Publishing Agreement?
How long does a Publishing Agreement last for?
Will a Publishing Agreement Apply in respect of the whole world?

Fact Sheet: Publishing Agreements (945)

Distribution and P&D Agreements

David McLaughlin — Thu, 22 Jan 2009 04:26:20 +0000

Like any industry the way the music industry functions is constantly evolving. In recent years we have seen Distribution Agreements and P&D Agreements come to play a greater and greater role in the music industry. Although bearing many similarities to recording and licensing agreements, there are some key legal and commercial differences to Distributions Agreements and P&D Agreements. In this Fact Sheet we explain some of these differences as well as some of the other key aspects of Distribution Agreements and P&D Agreements you need to be aware of.

The specific questions we address are:

What is a Distribution Agreement?
How is a Distribution Agreement different to a Recording or Licensing Agreement?
What is a P&D Agreement?
How long do Distribution and P&D Agreements last for?
What happens if I want to record and release other music?
Does the Distributor have the right to sell my records worldwide?
What is the Distributor’s obligation to actually release the sound recordings?
How does the Distributor get paid?
How much will I get paid?
Will I get paid from the first record sold?
How long will I continue to be paid royalties for?
Are there any other royalties I will be paid?
Are there any other ways royalties can be paid?
When will I be paid?
Will the Distributor pay for tours?
Will the Distributor pay for videos?
Are there any other types of distribution deals?

Fact Sheet: Distribution and P&D Agreements (921)

Moral Rights and Performers’ Rights for Musicians

David McLaughlin — Thu, 22 Jan 2009 03:40:05 +0000

There are many ways in which a musician’s rights in the performances they give and the songs they write are specifically protected at law outside of pure copyright protection. An understanding of the way these protections apply are vital for anyone who wants to make the most out of their activities in music industry. In this Fact Sheet we consider these rights and the key aspects to them that you need to be aware of.

The specific questions we address are:

What are performers’ rights and moral rights?
How do performers’ rights apply to musicians?
How are my performers’ rights infringed?
Are there any situations where performers’ rights do not apply?
What can I do if someone is infringing my performers’ rights?
Can I transfer my performers’ rights to someone else?
How long do performers’ rights last?
Do I need to apply for or register my performers’ rights?
How do moral rights apply to musicians?
What rights do moral rights actually give to musicians?
What does the ‘right to be identified’ mean in practice?
What does the right against ‘false authorship’ mean in practice?
What does the ‘right to object to derogatory treatment’ mean in practice?
What if someone else owns the copyright in the music or lyrics?
What can I do if someone is infringing my moral rights?
Can I transfer my moral rights to someone else?
How long do moral rights last?
Do moral rights need to be registered?
Are there any situations where moral rights do not apply?

Fact Sheet: Moral Rights and Performers Rights for Musicians (842)