Posts tagged music law
Beyond the Fine Print: What Businesses Overlook in Contracts

What do a messy collection of sheet music and a band agreement have in common? The tendency to focus on the obvious and overlook “everything else.”

When organizing my music collection, I focused on my violin music, only to realize that I also have a huge collection of music for "everything else" - other instruments I have played over the years. Band members may agree how they create music and split provits but not on what happens when disagreements arise, they need more money, or plans change. In a contract, the answers may be buried in contract provisions that people dismiss as standard boilerplate boilerplate.

But business relationships aren't standard, and boilerplate can make the difference between harmony and discord in music and in business. Before signing a contract, have your attorney look at “everything else" - it could become the most important part of your agreement.

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Business Law, Music LawElizabeth WhitmanBoilerplate, music law, business law
Contract Termination – Planning for the End in Advance

When the Beatles broke up in 1970, their shared business interests didn't end. And there were years of litigation defining how that would work.

Whether you're forming a band, entering a commercial lease, or starting a business, ending the relationship doesn't necessarily end the legal obligations. Income, bills, intellectual property rights, and other rights and responsibilities can continue long after business partners go their separate ways.

A well-drafted contract shouldn't just address how a relationship begins. It also should address what happens when it ends. There are standard contracts, but there aren't standard business relationships. Customized business planning while everyone is getting along can prevent expensive disputes later.

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Business Law, Music BusinessElizabeth Whitmancontracts, contract termination, music law, business law
How the American Music Tourism Act Could Affect the Music Industry

Bobby Troup’s 1946 hit “(Get Your Kicks on) Route 66” helped make an American highway a tourist destination in its own right. The recently passed American Tourism Act is designed to give music tourism a similar boost by encouraging travel to concerts, festivals, museums, and other music destinations across the country. More visitors could mean bigger audiences and increased revenues for musicians and venues, as well as more business for adjacent hotels, restaurants, and other tourism-business.

However, the Act provides no additional funding for music organizations. Nor is there a no clear way to measure the Act's success.

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Music Business, Music LawElizabeth Whitmanamerican music tourism act, music business, music law, music tourism
Flying With Musical Instruments: What US Law Says and Tips for a Positive Air Travel Experience

Musicians traveling in the US are fortunate that federal law provides rules that help them bring their valuable instruments into the cabin. However, musicians should remember that their instrument will use their carry-on baggage allotment and is treated the same as all other carry-on baggage.

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Music Law, Music BusinessElizabeth Whitmanmusic law, music business, musical instrument
You May Not be Able to Post Your Own Photo Online – Here’s Why

It's more than an artistic decision when a coffee shop's ad features a simple photo of coffee with the patrons in the shop blurred in the background. Although the shop may have purchased the copyright from the photographer, that doesn't mean the shop can use people's faces in an ad. By blurring the people's images, the shop need not worry about obtaining consents. On the other hand, since a photographer owns the copyrights in photos they take, even a person who is featured in the photo can't post or copy it without consent. Read our newest article to learn about these and other pitfalls individuals, businesses, and music groups may face when they post photos on social media or use them in promotional materials.

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Business Law, Copyright, Music LawElizabeth Whitmandua lipa, copyright, right of publicity, right of privacy, photo consent, music law
The NO FAKES ACT - Why It’s Important to the Music Industry

The NO FAKES Act, which recently cleared the Senate Judiciary Committee, would be a valuable tool in artists’ arsenal against AI replicas. However, the bill still must pass several hurdles before it becomes law. For now, except in the few states like Tennessee that have laws expressly prohibiting digital “clones,” artists need to continue to rely on state right-of-publicity laws, contract language, copyright and trademark claims, and platform takedown procedures.

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Music BusinessElizabeth WhitmanNo Fakes Act, music law, copyright law, Trademark law, right of publicity, right of privacy, Moral Rights