Attorneys In The Music Industry Specialize In Intellectual Property Rights

Given the unique nature of the entertainment industry

, most specifically the music industry, contracts between recording artists and entertainment companies often use complex terms and conditions that tend to favor the company over the artist. From the company's perspective, there are good reasons for this, but artists often leave contract negotiations feeling cheated.

In the field of entertainment law, attorneys provide artists with a range of services, from negotiation to business advice. With a musician's intellectual property at stake, whether they are successful or relatively unknown, it is in their best interest to protect themselves and their art with the help and advice of an attorney. Though band or artist logos can be trademarked, songs, sheet music and recordings are copyrightable, requiring different contracts with different legal implications.

Artists live with a lack of guarantees regarding their continued success or popularity throughout their career. At the same time, entertainment companies are in business to enhance and feed off an artist's success while insulating themselves against potential losses. They do this by drafting legal "mumbo-jumbo" designed to protect their own interests should an artist's work fail to turn a profit.

It is important for any performer to understand the various legal issues that pertain to their works. A personal service agreement between an artist and an entertainment company is the predominant instrument used in the industry. The terms of the agreement can have profound implications leading to, among other things:

* Creating legal long term binds that prevent an artist from working with a different company - regardless of the success level of the performer.

* Shelving - a company's practice of purposely holding up the release of a work to prevent artists from seeking an agreement with a different company

* Royalty disputes in which a successful artist demands a higher share of the profit generated from sales, merchandising and/or performance

Artists can safeguard and/or improve their own financial situation with the help of an attorney who specializes in entertainment law. These lawyers should have expertise in the following:

* Securing trademarks and copyrights and protection of same

* Offering business advice

* Contract procurement and negotiation

* Gaining licensing royalties

At their core, contracts drafted between musicians and their record company are about who has the rights to the music. An entertainment lawyer help an artist secure payment for their art while ensuring they meet their contractual obligations. To prevent a conflict from arising surrounding the works, a copyright lawyer specializing in entertainment can help an artist sift through these contracts before signing, to secure favorable outcomes for all involved.

by: Stephen Daniels

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