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Music law minefield: top tips for legal protection in the media

Pete Bott, solicitor at Blacks Solicitors LLP, understands that legalities in the music industry can be tricky to navigate when it comes to protecting your work and identity.

Here, he shares with Bdaily his top tips on legal issues that bands and musicians of any status should be aware of.

As a Solicitor in the Media, Music and Entertainment (MME) department at Blacks Solicitors LLP, I deal with a number of different clients, from music and media industry professionals, to musicians and artists, large and small.

Blacks has acted for a variety of acts, from localartists like Ellen and the Escapades right through to large, international names including rock/metal band, Bring Me The Horizon.

Each client requires different levels of legal advice, however there are some key points that all musicians should consider, regardless of their following.

Accept that as a band or solo artist you are a business.While your love of music may have led you to pick up an instrument or write a song, the sooner you come to terms with the fact that the music industry is a business sector like any other the better.

This does not mean that you are “selling out” or that you have to compromise your creativity; it just means that you are acknowledging how the music industry works and giving yourself a better chance of making music on your own terms.

1. Write it down! If you are agreeing to work with co-writers, session musicians, record labels, sync agents or anybody else, make sure you put your agreement in writing. Music history is littered with disputes based on a failure to have a written agreement in place, as it’s not always easy to remember what was discussed backstage years ago.

These disputes often sour relationships, cost a lot of money to resolve and have a damaging effect on the creative process. Avoid them by having a written agreement in place, preferably before there’s any money on the table to argue about!

2. Understand, protect and monetise your rights. Whether you are a performer or a writer (or both), you have valuable rights in your music. Take the time to understand what these rights are and how you can protect and make money from them, for example, by joining PRS for Music and PPL.

3. Understand other people’s rights. The internet has revolutionised the music industry in many positive ways. However, it has also led many bands and solo artists to assume that it is ok to, for example, cover songs and upload them to YouTube or use images found on the internet in sleeve art or gig posters, all without permission of the copyright owners. These assumptions are misplaced and expose you to potential copyright infringement claims. It’s best to find out who owns the rights you want to make use of and ask permission.

4. Take advice. If you are unclear on any business aspects of the music industry, seek guidance from professional advisors such as lawyers and accountants. From a legal perspective, many bands or solo artists are so desperate to be “signed” that they will accept contracts they don’t fully understand without question or negotiation.

Sadly, this can often put those bands or solo artists in extremely unfavourable positions, particularly when the people offering the contracts are giving verbal commitments or reassurances which are not included in the contracts. Your music is valuable, so take advice from the experts and only sign contracts once you are aware of what they entail.

Pete Bott, solicitor and expert in music industry at Blacks Solicitors

This was posted in Bdaily's Members' News section by Blacks Solicitors LLP .