Recently I viewed three posted videos on the Artists Music House website. The videos were interviews with entertainment lawyers Randall
Minter, Peter Shukat and Barry Menes. The videos contained important
information that every music industry professional should know concerning the
music industry in general, contracts and the importance of obtaining a lawyer
and legal advice.
Peter Shukat, founder and partner of Shukat Arrow Hafer
Weber & Herbsman, L.L.P. out of New York broke down the valuable
information on licensing and the types needed for music professionals. However
for this post we will discuss the basic registration needed for writing and
recording music.
Basically a song writer needs 2 copyrights. The first is a
copyright is for written songs. This is
the one that most are already familiar with because it protects the song
written by the writer. If you want to protect you music and have the ability to
sue when your music is used without your permission, you must register the
copyright. The second however is one that is not known by most, it is called a
recording copyright. The recording copyright protects the recording of a work. It
is possible to own the song and not the recording. In the interview Shukat
describes a scenario of an artist who wants to sample a recording of a musical
work. That artist needs permission not only from the writer, but also from the
owner of the recording.
Attorney Randall Minter is an entertainment lawyer based in
Atlanta, GA. Minter discussed many things but in particular we will focus on
the roll of the Entertainment Lawyer and his or her importance to the artist. Randall
says, these days lawyers do not really get involved until there is some sort of
contract already in play. A consultation fee could cost between 2 and 5 hundred
dollars an hour. The lawyer’s job is to basically interpret and negotiate the
terms of the contract on behalf and in the interest of the client.
It is important to remember the following points when
choosing a lawyer.
- Lawyers can not have a conflict of interest. They can not represent you and the opposing party. (Minter)
- Lawyers should be trusted. It’s a personal thing. (Shukat)
- Lawyers are a good place to start. They can lead you to other professionals in the industry that the artist needs. (Menes)
Hear Minter, Shukat and Menes share there expertise in its
entirety located on the following links.
Kendall
Minter
http://www.artistshousemusic.Peter Shukat
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