Music law

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Music Law refers to legal aspects of the music industry, and certain legal aspects in other sectors of the entertainment industry. The music industry includes record labels, music publishers, merchandisers, the live events sector and of course performers and artists.

Contents

The terms "music law" and "entertainment law", along with "business affairs", are used by the music and entertainment industry and should not be thought of as academic definitions. Indeed, music law covers a range of traditional legal subjects including intellectual property law (copyright law, trademarks, image publicity rights, design rights), competition law, bankruptcy law, contract law, defamation and, for the live events industry, immigration law, health and safety law, and licensing. While foundational norms have gradually been established for music law in western nations, other parts of the world maintain unique traditions that impact music’s legal status in the context of both heritage preservation and enormous national arts entertainment industries, including China [1] and India. [2]

Definitions

Publishing

Publishing is the primary source of income for musicians writing their own music.[ citation needed ] Money collected from the 'publishing' rights is ultimately destined for songwriters - the composers of works, whether or not they are the recording artist or performer. Often, songwriters will work for a musical ensemble to help them with musical aspects of the composition, but here again, the writer of the song is the owner of it and will own the copyrights in the song and thus will be entitled to the publishing revenues. Copyrights in compositions are not the same as sound recordings. A recording artist can record a song and sell it to another band or company. As a result, that particular company will own the recording, but not the song. The original writer will always maintain the copyright for that particular song. The publishing money is connected to the copyright, so the owner will be the only one making money off of the song itself. All successful songwriters will join a collection society (such as ASCAP and BMI in the USA, SOCAN in Canada, JASRAC in Japan, GEMA in Germany and PRS for Music in the UK, etc.) and many will enter into agreements with music publishing companies who will exploit their works on the songwriters behalf for a share of ownership, although many of these deals involve the transfer (assignment) of copyright from the songwriter to the music publisher,

Both the recorded music sector and music publishing sector have their foundations in intellectual property law and all of the major recording labels and major music publishers and many independent record labels and publishers have dedicated "business and legal affairs" departments with in-house lawyers whose role is not only to secure intellectual property rights from recording artists, performers and songwriters but also to exploit those rights and protect those rights on a global basis. There are a number of specialist independent law firms around the world who advise on music and entertainment law whose clients include recording artists, performers, producers, songwriters, labels, music publishers, stage and set designers, choreographers, graphic artists, games designers, merchandisers, broadcasters, artist managers, distributors, collection societies and the live events sector (which further includes festivals, venues, promoters, booking agents and production service providers such as lighting and staging companies).

Performance Licensing

Business

The US Government views artists that give concerts and sell merchandise as a business. Bands that tour internationally will also face a plethora of legislation around the world including health and safety laws, immigration laws and tax legislation. Also, many relationships are governed by often complex contractual agreements.

In the US it is important for musicians to get legal business licenses. These can be obtained at a city hall or local government center. The business license will require the tracking of sales, wages, and gigs. A tax ID is also necessary for all businesses. Musicians that fail to comply with the tax ID process and do not report their profits and losses to the government can face serious consequences with the IRS.

Related Research Articles

<span class="mw-page-title-main">Musical composition</span> An original musical piece, or the process of creating a new piece

Musical composition can refer to an original piece or work of music, either vocal or instrumental, the structure of a musical piece or to the process of creating or writing a new piece of music. People who create new compositions are called composers. Composers of primarily songs are usually called songwriters; with songs, the person who writes lyrics for a song is the lyricist. In many cultures, including Western classical music, the act of composing typically includes the creation of music notation, such as a sheet music "score," which is then performed by the composer or by other musicians. In popular music and traditional music, songwriting may involve the creation of a basic outline of the song, called the lead sheet, which sets out the melody, lyrics and chord progression. In classical music, orchestration is typically done by the composer, but in musical theatre and in pop music, songwriters may hire an arranger to do the orchestration. In some cases, a pop or traditional songwriter may not use written notation at all and instead compose the song in their mind and then play, sing or record it from memory. In jazz and popular music, notable sound recordings by influential performers are given the weight that written or printed scores play in classical music.

<span class="mw-page-title-main">Broadcast Music, Inc.</span> Performing rights organization in the United States

Broadcast Music, Inc. (BMI) is a performance rights organization in the United States. It collects blanket license fees from businesses that use music, entitling those businesses to play or sync any songs from BMI's repertoire of over 20.6 million musical works. On a quarterly basis, BMI distributes the money to songwriters, composers, and music publishers as royalties to those members whose works have been performed.

<span class="mw-page-title-main">Songwriter</span> Person who writes the words or music to songs

A songwriter is a musician who professionally composes musical compositions or writes lyrics for songs, or both. The writer of the music for a song can be called a composer, although this term tends to be used mainly in the classical music genre and film scoring. A songwriter who mainly writes the lyrics for a song is referred to as a lyricist. The pressure from the music industry to produce popular hits means that song writing is often an activity for which the tasks are distributed between a number of people. For example, a songwriter who excels at writing lyrics might be paired with a songwriter with the task of creating original melodies. Pop songs may be composed by group members from the band or by staff writers – songwriters directly employed by music publishers. Some songwriters serve as their own music publishers, while others have external publishers.

Copyrights can either be licensed or assigned by the owner of the copyright. A copyright collective is a non-governmental body created by copyright law or private agreement which licenses copyrighted works on behalf of the authors and engages in collective rights management. Copyright societies track all the events and venues where copyrighted works are used and ensure that the copyright holders listed with the society are remunerated for such usage. The copyright society publishes its own tariff scheme on its websites and collects a nominal administrative fee on every transaction.

A performance rights organisation (PRO), also known as a performing rights society, provides intermediary functions, particularly collection of royalties, between copyright holders and parties who wish to use copyrighted works publicly in locations such as shopping and dining venues. Legal consumer purchase of works, such as buying CDs from a music store, confer private performance rights. PROs usually only collect royalties when use of a work is incidental to an organisation's purpose. Royalties for works essential to an organisation's purpose, such as theaters and radio, are usually negotiated directly with the rights holder. The interest of the organisations varies: many have the sole focus of musical works, while others may also encompass works and authors for audiovisual, drama, literature, or the visual arts.

A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation. A royalty interest is the right to collect a stream of future royalty payments.

<span class="mw-page-title-main">Copyright law of Canada</span>

The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.

<span class="mw-page-title-main">Music industry</span> Companies and individuals that create and sell music

The music industry consists of the individuals and organizations that earn money by writing songs and musical compositions, creating and selling recorded music and sheet music, presenting concerts, as well as the organizations that aid, train, represent and supply music creators. Among the many individuals and organizations that operate in the industry are: the songwriters and composers who write songs and musical compositions; the singers, musicians, conductors, and bandleaders who perform the music; the record labels, music publishers, recording studios, music producers, audio engineers, retail and digital music stores, and performance rights organizations who create and sell recorded music and sheet music; and the booking agents, promoters, music venues, road crew, and audio engineers who help organize and sell concerts.

Music licensing is the licensed use of copyrighted music. Music licensing is intended to ensure that the owners of copyrights on musical works are compensated for certain uses of their work. A purchaser has limited rights to use the work without a separate agreement.

A publishing contract is a legal contract between a publisher and a writer or author, to publish original content by the writer(s) or author(s). This may involve a single written work, or a series of works.

<span class="mw-page-title-main">Phonographic Performance Limited</span> British music licensing company

Phonographic Performance Limited (PPL) is a British music copyright collective. It is a private limited company that is registered in the UK. PPL was founded by Decca Records and EMI and incorporated on 12 May 1934, and undertakes collective rights management of sound recordings on behalf of its record-company members, and distributes the fees collected to both its record company (rights holder) members and performer members. As of 2019, PPL collected royalties for over 110,000 performers and recording rightsholders.

In copyright law, a mechanical license is a license from the holder of a copyright of a composition or musical work, to another party to create a "cover song", reproduce, or sample a portion of the original composition. It applies to copyrighted work that is neither a free/open source item nor in the public domain.

<span class="mw-page-title-main">History of music publishing</span>

Music publishing is the business of creating, producing and distributing printed musical scores, parts, and books in various types of music notation, while ensuring that the composer, songwriter and other creators receive credit and royalties or other payment. This article outlines the early history of the industry.

The Japanese Society for Rights of Authors, Composers and Publishers, often referred to as JASRAC, is a Japanese copyright collection society. It was founded in 1939 as a nonprofit organization, and is the largest musical copyright administration society in Japan.

A music synchronization license, or "sync" for short, is a music license granted by the holder of the copyright of a particular composition, allowing the licensee to synchronize ("sync") music with some kind of visual media output.

SoundExchange is an American non-profit collective rights management organization founded in 2003. It is the sole organization designated by the U.S. Congress to collect and distribute digital performance royalties for sound recordings. It pays featured and non-featured artists and master rights owners for the non-interactive use of sound recordings under the statutory licenses set forth in 17 U.S.C. § 112 and 17 U.S.C. § 114.

A music publisher is a type of publisher that specializes in distributing music. Music publishers originally published sheet music. When copyright became legally protected, music publishers started to play a role in the management of the intellectual property of composers.

Acuff-Rose Music, Inc. was an American music publishing firm formed in 1942 by Roy Acuff and Fred Rose in Nashville, Tennessee, United States. Acuff-Rose's honest behavior towards their writers set them apart from other music publishing firms at the time and led them to fame throughout the 1950s, 1960s, and 1970s. Currently, the company's catalog is owned by Sony Music Publishing (US), LLC (Delaware).

<span class="mw-page-title-main">Music Modernization Act</span> United States copyright law

The Orrin G. Hatch–Bob Goodlatte Music Modernization Act, or Music Modernization Act or MMA is United States legislation signed into law on October 11, 2018 aimed to modernize copyright-related issues for music and audio recordings due to new forms of technology such as digital streaming. It is a consolidation of three separate bills introduced during the 115th United States Congress.

References

  1. Li, Juqian (2022). China’s Legal Framework for Supporting Protection and Sustainability of Artistic Heritage. In David G. Hebert and Jonathan McCollum, (Eds.), "Ethnomusicology and Cultural Diplomacy". Lexington Books (Rowman & Littlefield), pp.297-311. ISBN   9781793642912
  2. Choudhary, Karan (2022). Cultural Heritage and Music Diplomacy: The Legal Framework in India. In David G. Hebert and Jonathan McCollum, (Eds.), "Ethnomusicology and Cultural Diplomacy". Lexington Books (Rowman & Littlefield), pp.277-295. ISBN   9781793642912
  3. "Copyright Law of the United States - U.S. Copyright Office".
  4. 17 U.S.C. § 106(4)

Further reading