Recording Industry and Music Law
Since there was ever a beat, rhyme, or a chime that could be heard, man knew that there was a possibility of devising a sound that is known as music. This sound has advanced over many years from a level of live performance only, to the level of recording.
- Music Publishing Agreements - There are seven types of music publishing agreements. Our legal team will know which is best for you.
- Composers and Songwriters - Perdomo Klukosky and Associates represents anyone working in the music or recording industry.
- Music Contracts - Perdomo Klukosky and Associates are experienced lawyers and attorneys for the recording industry.
Since the early 1900’s where music was first put on wax and people were able to hear melodious voices backed by music whenever and wherever they please, the tide has not turned back, but has been revolutionized from century to century.
Please contact us for a legal consultation related to your music law needs.
Recording Industry and Types of Contracts
From the 18th century up to the 21st century, the record industry has played a very important part in the music arena. When a composition is created by a composer he or she has the copyright to that piece and can sell or license it to a publishing company. Francelina Perdomo, our Managing Partner, points out that a publishing contract is established to set forth the guidelines that will govern what is expected from both the composer and the publishing company. There are seven types of music publishing agreements. They include:
- Single Song Agreement. This agreement is between the writer and the music publisher, granting certain rights for one or more of his or her songs.
- Exclusive Song Writer Agreement. This agreement allows the publisher’s entire portion of income to go directly to the music publisher. For a designated period of time the music publisher has the exclusivity to the writer’s service.
- Co-publishing Agreement. The songwriter and the music publisher are co-owners of the copyrighted musical piece.
- Administration Agreement. The songwriter self-publishes a musical composition and license it out to a music publisher for a specified number of years.
- Collection Agreement. Music publisher collects and disburses royalty income.
- Sub-publishing Agreement. Publishers allow sub publishers to act on their behalf in foreign regions.
- Purchase Agreement. A music publisher acquires a catalogue of another music publisher either in part or whole.
Legal Representation for Recording Artists, Composers,
Songwriters, and Producers
A contract is legally binding and when those who make up the recording industries are involved in any type of agreements, careful consideration must be given before signing any piece of paper. Because of the wording, one must protect him or herself from signing something that might put their careers in jeopardy later on.
Oftentimes small print and hidden clauses are stated in such a way that it is not always what it appears to be. There are attorneys who are specifically trained to recognize the legal language, making sure that our client is getting what has been agreed on between them and the other party. Some of the services provided by Perdomo Klukoski and Associates include:
- Contract Negotiations and Review
- Licensing and Publishing Administration Guidance
- Dispute Resolution with Third Parties
Royalties are monies that are paid out to an originator of some type of creative piece, musical composition in the recording industry, based on the sales of the work. Certain criteria must be met in order for this process to be effective including copyrighting and patent. The percentage of the total profits is governed according to what has been agreed on contractually between the creator and the other party or parties involved.
Whenever negotiations are part of any deal making, it is going to involve a back and forth battle where the best diplomat will ultimately outbid the other in the bidding process. Perdomo Klukosky and Associates know how to ask for more than what his or her client is willing to accept and successfully finds a middle ground that will be satisfying to all parties involved.
A management agreement is made between an artist and a manager who decides to work together. The agreement defines the relationship between the two, and describes the role of each party involved in the contract.
Before the contract is signed there are negotiations that will take place on such things as the term of agreement, responsibilities of each party, payments and expenses, and the extent of power that the manager will be able to use. In these types of situations it is advisable to have a Perdomo Klukosky and Associates NYC Music Lawyer on board to assist with these types of decisions.
License Audio Rights
License audio rights are when the audio rights are licensed only. It does not allow the creator or publisher of the works any other rights. Royalties for audio sales are computed on net sales and not retail. Advances are paid on audio contracts but they are very little.
Legal assistance from an NYC Music Lawyer is a good thing to consider in these transactions because of issues that involve the reservation of rights, time allotment to publish material, warranty provisions, authorship credit, third party infringements, promotions, and terminations.
These concerns will automatically require some negotiations that are best handled by an attorney to reap benefits of a successful outcome. Also legal forms have to be completed which should also be done under legal advisement.
In almost every business aspect of the music industry, it is always a good idea to have an attorney available when negotiating business dealings, simply because most of the transactions involve contractual agreements.
Securing Perdomo Klukosky and Associates is the best investment that one can make, and it will insure that the works of the composer are protected in the best and most beneficial way. Contact us for a legal consultation.