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Gmia July262011 No Back Ground
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Gmia July262011 No Back Ground

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Presentation given at Georgia Music Industry Association about what musicians need to know about protecting their music and their brand.

Presentation given at Georgia Music Industry Association about what musicians need to know about protecting their music and their brand.

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Gmia July262011 No Back Ground Presentation Transcript

  • 1. Protecting Your Music & Your Brand: The Legal Stuff Musicians Need to Know Deborah Gonzalez, Esq. Music & Entertainment Attorney [email_address]
  • 2. Disclaimer
    • This presentation is for educational purposes only.
    • It does not constitute legal advice and I am not your attorney.
    • Consult an entertainment attorney for your specific situation.
  • 3. Overview
    • Introduction
    • Copyright protection
    • Band formation
    • Trademark and brand protection
    • Publishing agreements; recording contracts
    • Agent/manager relationships
    • Legal effects of digital distribution and social media.
    • Q&A
  • 4. Copyrights
    • What is it?
    • What does it protect?
    • How long does it last?
    • What copyrights are important in music?
    • What is the registration process? Split sheets?
    • Attribution, sampling, fair use
  • 5. Band Formation
    • Why form an LLC?
    • Who is in the band?
    • What’s so important about the Name?
      • Who owns the name?
  • 6. Trademark and Brand Protection
    • What/who is the brand?
    • Name vs. logo?
    • Social Media platforms – brand accounts
    • Brand Value – Reputation/Buzz
    • Band Development
  • 7. Contracts in the Music Industry
    • A contract is an agreement between two or more parties in which an offer is made and accepted and each party benefits.
    • The contract’s purpose is to lay out in a clear and concise manner what each party has agreed to (terms).
  • 8. Contracts in the Music Industry
    • Management Contracts, such as Agent/Manager or Producer/Artist Agreements;
    • Copyright Assignments and Ownership, such as a “Split Sheet;”
    • Membership Agreements to Performance Rights Organizations;
    • Labor Agreements;
  • 9. Contracts in the Music Industry
    • Performance/Concert/Touring Contracts;
    • Songwriter Contracts & Royalties;
    • Licensing Contracts for Recordings for TV/Film, Video Games, etc.;
    • Foreign Distribution Agreements; and more.
  • 10. Publishing Contracts/ Recording Agreements
    • Exclusivity of the artists for a recording or publishing label;
    • Recording and release requirements;
    • Artists’ Royalties;
    • Recording Costs and Funds;
    • Publishing Rights;
    • Tour Support;
  • 11. Publishing Contracts/ Recording Agreements
    • Video/Digital/Technology Rights;
    • Copyright Ownership and Use of Masters;
    • Compensation and timing of payments;
    • Performance Parameters;
    • Incidentals/Riders;
    • and others.
  • 12. Publishing Contracts/ Recording Agreements
    • 360 Rights
      • These are ancillary rights to the recording agreement usually involving passive participation on the part of the record label or furnishing company.
      • 20-30% of revenue obtained from any activity beyond the recording itself
        • speaking engagements, television appearances, merchandise
  • 13. Publishing Contracts/ Recording Agreements
    • What affects the ultimate value of a music deal?
      • The genre of the music
      • Location of the music deal
      • Buzz surrounding the artist
      • Artist’s team
        • Experience in negotiation
  • 14. Examples: Contract Clauses
    • What’s wrong? What’s right? Red flags? Red herrings?
            • XYZ Contract
            • ABC Contract
  • 15. Contract Reminders
    • Make sure you have a contract – it protects your most important creative asset – your talent – and you may need more than one.
    • Read the entire contract
      • Read the fine print. Then read it again.
    • If you do not understand anything do not sign.
  • 16. Contract Reminders
    • Have the contract reviewed by an entertainment attorney who knows the music business and ask them questions.
    • Make sure you understand your responsibilities, as well as the benefits due you, before signing.
    • Remember once you’ve signed the contract you’ve lost the greatest leverage you had to negotiate for a better deal.
  • 17. Agent/Manager Relationships
    • Are they one person or different people?
    • What are their roles?
    • What do you expect the to do for you?
    • What do you need them to do for you?
    • How do you find them or how do they find you?
  • 18. Agent/Manager Relationships
    • Finding the right one:
      • Their Credentials
        • Experience, educational background and training
        • In the entertainment industry – which one? Music, film, games?
      • Their contacts and their networks
        • What circles do they run in?
        • Who do they represent? How successful are they?
      • Their strategy for YOUR success
      • Their cost/fee
  • 19. Agent/Manager Relationships
    • Beware:
      • They don’t answer or return your calls.
      • They are too busy to meet with you.
      • They don’t know you or your music.
      • They get you confused with another artist they represent.
      • They do not know or have access to who you need them to know.
      • They do not know how to market you and they don’t get you gigs.
  • 20. Digital Distribution & Social Media
    • Music Management in the Digital World
    • http://www.youtube.com/watch?v=c7ANYvXP1hY
  • 21. Q&A
    • ???