1. How do I copyright my material?

In the US, your material is considered to be copyrighted if it exists in a fixed form. This means once you write the song out on paper or to a computer disk file and put your name on it, it is copyrighted.
There is also the method of registering a copyright. In this case, one sends their material in a fixed form to a copyright office, where it is filed. This is considered (by many) to be the strongest form of protection for material, meaning it is the most likely to hold up
in court should someone attempt to use your material without permission.

2. Should I register my material with a copyright office before sending it to a Record Company, Publisher, OR posting it to the net, etc?

If you are at all concerned about protecting your material and getting compensated for it, you should copyright your material before making it available to the public. You will get the maximum protection available to you under the law if you register your material with the copyright office for the country you live in. If someone tries to use your material without your permission, you can bring charges against them. To obtain US copyright forms, write the Copyright Office, Library of Congress, Washington, D.C. 20559 or call the Forms Hotline at +1 202-707-9100. This number operates 24 hours a day and allows you to leave a recorded request for forms you need.

3. How do I get a record deal?

This is a difficult question to answer in a short space, but the most important thing to remember is that the music business *is* a business; record labels want to make a profit off of your music. That may seem somewhat mercenary, since some (many?) people like to think of music as something done purely out of love. If you go into negotiations with labels with the attitude that you are doing business, you will save yourself a lot of disappointment and frustration.

4. What are royalties? How do they work?

Royalties are money that is paid for the sale or use of music. The amount of money you get from royalties depends on the type of contract you sign with the record label and the performing rights organization you join. Essentially is you write or co-write the music you perform as an Artist you will be paid Artist Royalties and Mechanical Royalties from the Record Label. You will be paid performance royalties from ASCAP/BMI/SESAC who collect these monies on your behalf. Public Performance includes live performances of songs, songs featured on television, songs played in the clothing stores, at the mall, etc…Synchronization and Digital royalties also are becoming big items.

5. What’s the deal with mix-tapes?

Mix-tapes have been around for years they are nothing new, but now a lot of artists/producers/independent labels use them to build street credibility and buzz before attempting to release a retail project through normal distribution networks. The legality of mix-tapes depends on a number of factors. If the distributor has cleared all the music performances and features on the mix-tape they are perfectly legal. However, if the music performances and features have not been cleared than there is a violation of companies and people who own copyrights to the material on your mix-tape even if you are giving it away for free.

6. How do I clear a sample?

Clearing samples basically involves getting permission to use music and lyrics from 2 property rights. SR Copyright is normally controlled by the Record Company and you have to get permission from the Record Company to clear the SR Copyright (The SR Copyright represents the Sound Recording itself (the CD). The PA Copyright is normally controlled by Publishers and you have to get permission from the Publishers to clear the PA Copyright (The PA Copyright represents the music and lyrics that actually appear on the CD)).

7. How do I get my music out and let people know about me?

There is no simple answer to this question, but the most common factor is passion. You must grind and grind and grind some more. I represent platinum and gold artists, but to this very day, they have to grind. They are constantly on the road, flying to do shows, interviews, endorsement obligations, etc… it is a hard life. Your circle might not be as large as a platinum artist, but where you are, you got to grind. Do features, perform live, put product out, and set up a Facebook Fan Page featuring with your music….grind….

8. Do I need to join ASCAP, BMI, SESAC, or a similar organization in order to collect royalties?

Yes, you need to join one of these organizations to collect royalties from users of your music, because you’re not equipped to seek out all the individuals and companies who will eventually want to use your music.

9. What is the difference between a hip-hop beat-maker and a hip-hop producer?

A hip hop beat maker is obviously a person who makes instrumentals, instrumentals, and hip hop music but a producer takes the job to the next level. A producer makes it his duty to work with the artists and to make sure that they are getting more than just a beat. A hip hop beat makers job stops after he is done making his music. Hip hop producers have the difficult job in communicating with rappers, recording rappers, and dealing with all things that come up when working with rap artists.

10. How do I get my music played on the radio?

Generally speaking, to get your music played on the radio, the music or program directors of the stations you want your music to be played on need to approve it. So, it is a good idea to try to get to know music and program directors of radio stations to find out what their policies are for accepting music.
Commercial stations tend to get their music directly from the labels or on compilations put out by large distributors. So, if you want to get your music on a commercial station, you should probably try to use one of the methods described above for getting record or publishing deals. There are some commercial stations that are willing to accept music from small indie labels, but they tend to be in the minority. On rare occasions, commercial stations will accept tapes (DAT tapes are preferred since the audio quality is better). However, CDs are generally preferred.

Noncommercial stations, and college stations in particular are generally more flexible about accepting new music, since they are not (usually) in the business of competing for listeners, so they are more free to present a diverse mix of music to their audiences.
They are also usually more willing to accept tapes, although CDs are also generally preferred. Many noncoms and college stations feature some sort of live showcase of new music, which is another opportunity for getting your music on the air.

So, in general, the best thing to do is to get to know the music and program directors at the stations that you want your music to be played on. If possible, visit the stations to get an idea of how they’re run.

As a Content Creator How do I decide whether or not I need a Lawyer?

The Content Creator should engage an attorney to negotiate contracts, render advice on legal and business matters, advocate the content creator’s position, protect the content creator’s legal interests, and oversee the securing all rights to the content created by the Content Creator which can include copyrights, trademarks, service marks and trade secrets. Further, the Content Creator should engage an attorney to negotiate commercial distribution of the content and/or the licensing of the content.

What every day situations would probably require me as a Content Creator to seek Legal Advice or guidance?

• I’m getting ready to shop around my TV pilot script and a couple of writers I know told me that I should get a good NDA drafted to protect my rights. Is that the best way to protect a television series?

• You are about to sign a contract you don’t understand or agree with

• I’ve successfully placed two televisions. However, I’m shopping around a third but getting shut out. I never went the agent route, not now considering agent vs. manager vs. law firm. What are thoughts?

• A friend of mine is investing into a movie and asked me to get involved too. I’ve never invested into that industry, but I love the script provided. What should I be looking for to protect myself I decide to dive into this one?

• I run a YouTube Channel and I need to what content I can include in my videos for free versus content I have to get permission and/or paid to use?

• What documents, release forms, or contracts would youtubers need to make youtube as a business?

• How do I get permission to use someone else’s content in my video?

• Why was content I have permission to use removed or blocked?

• How do a takedown order to have my music removed for a commercial music site?

• How do I remove a copy of my video from another website?

• I have a concept for a new card game, how do I protect it?

• You’re telling me that there is nothing in my recording contract that will make my label put my music out

• What do you mean it’s not in the Contract? The label told me they were going to take care of my living expenses while I was recording my Album. That can’t be right.

Protecting your intellectual property is crucial to the success of your business. What is your intellectual property and how should you protect it? Intellectual property consists of items that you have created that are unique and that provide you with an economic benefit. Intellectual property includes inventions, designs, original works of authorship and trade secrets. How you protect your intellectual property depends on what types of intellectual property you have.

Patents.
Inventions are crucial to the success of many businesses. If your business has developed a new and better product or process that is unique, useful, and non-obvious you will want to protect the competitive advantage this gives you by obtaining a patent. The holder of a patent can stop third parties from making, using or selling his invention for a period of years depending on the type of invention. Obtaining a patent can be complicated, so you may want to hire an attorney with experience in patent law to help you.
If your business is one in which inventions are created on a continuing basis, it is very important that you have a clear understanding about who owns the inventions. Does your business own the inventions or do the employees who create the inventions own them? This can depend on the type of work arrangement you have. You will want to make sure workers sign an agreement that any inventions created by them while working for your business belong to the business.

Copyrights.
A copyright provides protection for original works of authorship, fixed in a tangible medium of expression including literary, musical, and dramatic works, as well as photographs, audio and visual recordings, software, and other intellectual works. Copyright protection begins as soon as the work is fixed in a tangible medium. The author should begin using the copyright symbol immediately as a method of informing others that he intends to exercise control over the production, distribution, display, and or performance of the work. While it is not necessary to file for copyright protection, doing so will make it easier to seek court enforcement of your copyright. You should consult an attorney about the advantages and disadvantages of filing.

Trademarks.
A trademark protects the name of your product by preventing other business from selling a product under the same name. Having a unique and identifiable name for your product is an advantage for your business. Trademark law seeks to protect consumers from confusion or deception by preventing other businesses from using the same or a confusingly similar name for their products. A servicemark is used when what your business sells is a service rather than a product. Being the first to use the name is important to protect the continuing right to use the name, but filing is important for enforcement purposes. The first step in filing for trademark registration is performing a trademark search. This step is extremely important because it could prevent you from investing a lot in the promotion of a product under a trademark that is already in use. An attorney who practices in the area of intellectual property can help you with a trademark search and application.

Trade Secrets
In most states, a trade secret may consist of any formula, pattern, physical device, idea, process or compilation of information that both:
provides the owner of the information with a competitive advantage in the marketplace, and  is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, absent improper acquisition or theft.

Some examples of potential trade secrets are a formula for a sports drink, survey methods used by professional pollsters, recipes, a new invention for which a patent application has not yet been filed, marketing strategies, manufacturing techniques and computer algorithms. Unlike other forms of intellectual property such as patents, copyrights and trademarks, trade secrecy is basically a do-it-yourself form of protection. You don’t register with the government to secure your trade secret; you simply keep the information confidential. Trade secret protection lasts for as long as the secret is kept confidential. Once a trade secret is made available to the public, trade secret protection ends.

What Makes A Contract Valid?

Although lots of contracts are filled with mind-bending legal gibberish, there’s no reason why this has to be true. For most contracts, legalese is not essential or even helpful. On the contrary, the agreements you’ll want to put into a written contract are best expressed in simple, everyday English.
All that is necessary for most contracts to be legally valid are the following two elements:
–All parties are in agreement (after an offer has been made by one party and accepted by the other).
–Something of value has been exchanged, such as cash, services or goods (or a promise to exchange such an item) for something else of value.
Does a Contract Have To Be in Writing?

In a few situations, a contract must also be in writing to be valid. State laws often require written contracts for real estate transactions or agreements that will last more than one year. You’ll need to check your state’s laws to determine exactly which contracts must be in writing. Of course, it is wise to write out most business agreements, even if not legally required, because oral contracts can be difficult or impossible to prove.
Let’s look a bit more closely at the two elements necessary for a valid contract: agreement between the parties and exchange of things of value.

Agreement Between the Parties

Although it may seem like stating the obvious, an essential element of a valid contract is that all parties must agree on all major issues. In real life, there are plenty of situations that blur the line between a full agreement and a preliminary discussion about the possibility of making an agreement. To help clarify these borderline cases, the law has developed some rules defining when an agreement legally exists.

Offer and Acceptance

The most basic rule of contract law is that a legal contract exists when one party makes an offer and the other party accepts it. For most types of contracts, this can be done either orally or in writing.
Let’s say, for instance, you’re shopping around for a print shop to produce brochures for your business. One printer says (or faxes or e-mails) that he’ll print 5,000 two-color fliers for $200. This constitutes his offer.

If you tell the printer to go ahead with the job, you’ve accepted his offer. In the eyes of the law, when you tell the printer to go ahead, you create a contract, which means you’re liable for your side of the bargain (in this case, the payment of $200). But if you tell the printer you’re not sure and want to continue shopping around (or don’t even respond, for that matter), you clearly haven’t accepted the offer, and no agreement has been reached.
Or if you tell the printer the offer sounds great, except that you want the printer to use three colors instead of two, no contract has been made, since you have not accepted all of the important terms of the offer. You have actually changed one term of the offer. (Depending on your wording, you have probably made a counteroffer, which is discussed below.)

When Acceptance Occurs

In day-to-day business, the seemingly simple steps of offer and acceptance can become quite convoluted. For instance, sometimes when you make an offer it isn’t quickly and unequivocally accepted; the other party may want to think about it for a while or try to get a better deal. And before the other party accepts your offer, you might change your mind and want to withdraw or amend your offer. Delaying acceptance of an offer and revoking an offer, as well as making a counteroffer, are common situations that may lead to confusion and conflict. To minimize the potential for a dispute, here are some general rules you should understand and follow.

How Long an Offer Stays Open

Unless an offer includes a stated expiration date, it remains open for a “reasonable” time. What’s reasonable, of course, is open to interpretation and will vary depending on the type of business and the particular fact situation.
To leave no room for doubt as to when the other party must make a decision, the best way to make an offer is to include an expiration date.
If you want to accept someone else’s offer, the best approach is to do it as soon as possible, while there’s no doubt that the offer is still open. Keep in mind that until you accept, the person or company who made the offer–called the offeror–may revoke the offer.

Revoking an Offer

Whoever makes an offer can revoke it as long as it hasn’t been accepted yet. This means if you make an offer and the other party wants some time to think it through, or makes a counteroffer with changed terms, you can revoke your original offer. Once the other party accepts, however, you’ll have a binding agreement. Revocation must happen before acceptance. An exception to this rule occurs if the parties agree that the offer will remain open for a stated period of time.

Offers With Expiration Dates

An offer with an expiration date is called an option, and it usually doesn’t come for free. Say, for instance, someone offers to sell you a forklift for $10,000, and you want to think the offer over without worrying that the seller will withdraw the offer or sell to someone else. You and the seller could agree that the offer will stay open for a certain period of time, say, 30 days. Often, however, the seller will ask you to pay for this 30-day option–which is understandable, since during the 30-day option period the seller can’t sell to anyone else.

Payment or no payment, when an option agreement exists, the offeror cannot revoke the offer until the time period ends.

Counteroffers

Often, when an offer is made, the response will be to start bargaining. Of course, haggling over price is the most common type of negotiating that occurs in business situations. When one party responds to an offer by proposing something different, this proposal is called a “counteroffer.” When a counteroffer is made, the legal responsibility to accept, decline or make another counteroffer shifts to the original offeror.

For instance, suppose your printer (here, the original offeror) offers to print 5,000 brochures for $300, and you respond by saying you’ll pay $250 for the job. You have not accepted his offer (no contract has been formed) but instead have made a counteroffer. If your printer then agrees to do the job exactly as you have specified, for $250, he’s accepted your counteroffer, and a legal agreement has been reached.

Even though a contract is formed only if the accepting party agrees to all substantial terms of an offer, this doesn’t mean you can rely on inconsequential differences to void a contract later. For example, if you offer to buy 100 chicken sandwiches on 1-inch-thick sourdough bread, there is no contract if the other party replies that she will provide 100 emu filets on rye bread. But if she agrees to provide the chicken sandwiches on 1-inch-thick sourdough bread, a valid contract exists, and you can’t later refuse to pay if the bread turns out to be a hair thicker or thinner than 1 inch.

Exchange of Things of Value

In addition to both parties’ agreement to the terms, a contract isn’t valid unless both parties exchange something of value, in anticipation of the completion of the contract.

Consideration Defined

The “thing of value” being exchanged–which every law student who ever lived has been taught to call “consideration”–is most often a promise to do something in the future, such as a promise to perform a certain job or a promise to pay a fee for a job. For instance, let’s return to the example of the print job. Once you and the printer agree on terms, there is an exchange of things of value (consideration): the printer has promised to print the 5,000 brochures, and you have promised to pay $250 for them.

Gifts vs. Contracts

The main importance of requiring things of value to be exchanged is to differentiate a contract from a generous statement or a one-sided promise, neither of which are enforceable by law. If a friend offers you a gift without asking anything in return–for instance, such as offering to stop by and help you move a pile of rocks–the arrangement wouldn’t count as a contract because you didn’t give or promise your friend anything of value. If your friend never followed through with her gift, you would not be able to enforce her promise. However, if you promise your friend you’ll help her weed her vegetable garden on Sunday, in exchange for her helping you move rocks on Saturday, a contract exists.

Promises vs. Action

Although the exchange-of-value requirement is met in most business transactions by an exchange of promises (“I’ll promise to pay money if you promise to paint my building next month”), actually doing the work can also satisfy the rule.

If, for instance, you leave your printer a voice-mail message saying you’ll pay an extra $100 if your brochures are cut and stapled when you pick them up, the printer can create a binding contract by actually doing the cutting and stapling. And once he does so, you can’t weasel out of the deal by claiming you changed your mind.

Social media seems like fun and games – until it isn’t. Certain individuals have built followers and fans on certain social media platforms in the millions of people. Social Media Law relates to who owns the content being shared, when and where sharing is appropriate and what limits may be imposed on sharing often raise issues relating to trademark infringement, copyright infringement, social media marketing, labor relations and more.

Legal mistakes to avoid

• Not understanding copyrights

• Failure to properly disclose influencer marketing campaigns

• Improper formatting of sponsored posts

• Fake testimonials

• Not reading the terms of service

• Reusing someone else’s license to original content

• Pulling content from Google Images

• Not budgeting for legal recourse

• Running a social media sweepstakes without legal clearance

• Using popular music without permission

• Endorsements

As a Content Creator How do I decide whether or not I need a Lawyer?

The Content Creator should engage an attorney to negotiate contracts, render advice on legal and business matters, advocate the content creator’s position, protect the content creator’s legal interests, and oversee the securing all rights to the content created by the Content Creator which can include copyrights, trademarks, service marks and trade secrets. Further, the Content Creator should engage an attorney to negotiate commercial distribution of the content and/or the licensing of the content.

What every day situations would probably require me as a Content Creator to seek Legal Advice or guidance?

• I’m getting ready to shop around my TV pilot script and a couple of writers I know told me that I should get a good NDA drafted to protect my rights. Is that the best way to protect a television series?

• You are about to sign a contract you don’t understand or agree with

• I’ve successfully placed two televisions. However, I’m shopping around a third but getting shut out. I never went the agent route, not now considering agent vs. manager vs. law firm. What are thoughts?

• A friend of mine is investing into a movie and asked me to get involved too. I’ve never invested into that industry, but I love the script provided. What should I be looking for to protect myself I decide to dive into this one?

• I run a YouTube Channel and I need to what content I can include in my videos for free versus content I have to get permission and/or paid to use?

• What documents, release forms, or contracts would youtubers need to make youtube as a business?

• How do I get permission to use someone else’s content in my video?

• Why was content I have permission to use removed or blocked?

• How do a takedown order to have my music removed for a commercial music site?

• How do I remove a copy of my video from another website?

• I have a concept for a new card game, how do I protect it?

• You’re telling me that there is nothing in my recording contract that will make my label put my music out

• What do you mean it’s not in the Contract? The label told me they were going to take care of my living expenses while I was recording my Album. That can’t be right.

GENERAL ENTERTAINMENT LAW (BACKGROUND)

1. How do I copyright my material?

In the US, your material is considered to be copyrighted if it exists in a fixed form. This means once you write the song out on paper or to a computer disk file and put your name on it, it is copyrighted.
There is also the method of registering a copyright. In this case, one sends their material in a fixed form to a copyright office, where it is filed. This is considered (by many) to be the strongest form of protection for material, meaning it is the most likely to hold up
in court should someone attempt to use your material without permission.

2. Should I register my material with a copyright office before sending it to a Record Company, Publisher, OR posting it to the net, etc?

If you are at all concerned about protecting your material and getting compensated for it, you should copyright your material before making it available to the public. You will get the maximum protection available to you under the law if you register your material with the copyright office for the country you live in. If someone tries to use your material without your permission, you can bring charges against them. To obtain US copyright forms, write the Copyright Office, Library of Congress, Washington, D.C. 20559 or call the Forms Hotline at +1 202-707-9100. This number operates 24 hours a day and allows you to leave a recorded request for forms you need.

3. How do I get a record deal?

This is a difficult question to answer in a short space, but the most important thing to remember is that the music business *is* a business; record labels want to make a profit off of your music. That may seem somewhat mercenary, since some (many?) people like to think of music as something done purely out of love. If you go into negotiations with labels with the attitude that you are doing business, you will save yourself a lot of disappointment and frustration.

4. What are royalties? How do they work?

Royalties are money that is paid for the sale or use of music. The amount of money you get from royalties depends on the type of contract you sign with the record label and the performing rights organization you join. Essentially is you write or co-write the music you perform as an Artist you will be paid Artist Royalties and Mechanical Royalties from the Record Label. You will be paid performance royalties from ASCAP/BMI/SESAC who collect these monies on your behalf. Public Performance includes live performances of songs, songs featured on television, songs played in the clothing stores, at the mall, etc…Synchronization and Digital royalties also are becoming big items.

Planning Your Estate. You don’t have to be wealthy to plan an estate. In fact, when you buy life insurance or name a beneficiary of your 401 K plan, you are planning your estate. Estate planning is organizing your assets for your maximum benefit while you are alive and seeing to it that what is left after your death is passed on to the right people quickly and with a minimum of taxes and legal fees. A will is usually the cornerstone of most estate plans. But a will needs to be approved by a probate court – a process that keeps your heirs from receiving the property immediately and that involves legal fees, which may reduce the amount they receive. Consequently, many people use additional ways of leaving assets to their heirs. The most popular options are:

Last Will and Testament – Your will states whom you wish to have what part of your estate after you die. It also names an executor to administer your estate and a guardian for minor children

Joint Tenancy with Right of Survivorship – This special type of co-ownership is often used by married couples for their homes and bank accounts. On the death of one of the owners, the other automatically becomes the sole owner of the property. Please note, some states hold that jointly held bank accounts are frozen upon the death of one of the owners until tax authorities assess the amount of money in the account

Payable-On-Death Accounts – These bank accounts can be used to transfer funds automatically to a beneficiary. Also called trustee bank accounts, they can be helpful if state law requires that a joint bank account be frozen when one of the account holders dies. U.S. Savings Bonds may also be registered as “payable on death” to a named beneficiary

Life Insurance – Insurance Policies are often purchased to provide immediate income to the beneficiaries or to pay estate taxes. But life insurance can increase estate taxes. Consult an expert on estate planning to find out how to avoid this pitfall through the use of cross-owned policies, irrevocable life insurance trusts, or other technical arrangements.

Gifts – The law currently allows gifts of up to $12,000 a year to any individual without the payment of a gift tax, or up to $24,000 if husband and wife make a joint gift. Gifts between spouses do not have any limit; the marital deduction permits spouses to give an unlimited amount to each other. Gifts reduce the size of an estate (thereby saving taxes), reduce probate costs, ensure that the right person receives he property, and sometimes reduces taxes. However, gifts that are made within one to three years of the giver’s death (depending on the state) may be subject to inheritance tax

Trusts – Trusts that take effect during a person’s lifetime are called inter vivos, or living, trusts. Those set up in a will to take effect after death are called testamentary trusts. Only a living trust avoids probate. A typical reason to create a trust is to provide for minor children or others who are incapable of taking care of themselves. By creating an irrevocable living trust (one that cannot be changed), you remove the property that was placed in the trust from the estate for estate tax purposes

Pensions and other Employee Benefit Plans – Proceeds from pensions and benefit plans are passed directly to the designated beneficiaries. Please note, in certain instances the funds may be included in a person’s estate for tax purposes if the proceeds are payable to the estate or if the proceeds result from employee contributions to the plan.

GENERAL LEGAL (BACKGROUND):

As a Content Creator How do I decide whether or not I need a Lawyer?

The Content Creator should engage an attorney to negotiate contracts, render advice on legal and business matters, advocate the content creator’s position, protect the content creator’s legal interests, and oversee the securing all rights to the content created by the Content Creator which can include copyrights, trademarks, service marks and trade secrets. Further, the Content Creator should engage an attorney to negotiate commercial distribution of the content and/or the licensing of the content.

What every day situations would probably require me as a Content Creator to seek Legal Advice or guidance?

• I’m getting ready to shop around my TV pilot script and a couple of writers I know told me that I should get a good NDA drafted to protect my rights. Is that the best way to protect a television series?

• You are about to sign a contract you don’t understand or agree with

• I’ve successfully placed two televisions. However, I’m shopping around a third but getting shut out. I never went the agent route, not now considering agent vs. manager vs. law firm. What are thoughts?

• A friend of mine is investing into a movie and asked me to get involved too. I’ve never invested into that industry, but I love the script provided. What should I be looking for to protect myself I decide to dive into this one?

• I run a YouTube Channel and I need to what content I can include in my videos for free versus content I have to get permission and/or paid to use?

• What documents, release forms, or contracts would youtubers need to make youtube as a business?

• How do I get permission to use someone else’s content in my video?

• Why was content I have permission to use removed or blocked?

• How do a takedown order to have my music removed for a commercial music site?

• How do I remove a copy of my video from another website?

• I have a concept for a new card game, how do I protect it?

• You’re telling me that there is nothing in my recording contract that will make my label put my music out

• What do you mean it’s not in the Contract? The label told me they were going to take care of my living expenses while I was recording my Album. That can’t be right.