Edward Shapiro

What you need to know about Copyrights and Contracts in the music industry

Recording agreements- singer songwriter
Music Publishing Agreements- lyrics, melodies, music
Producer Agreements
Touring
Endorsement and Sponsorship
Work for Hire
Management
Agent
Engagement Letters with lawyers
Sampling
Union Agreements (AFTRA, SAG, AFoM)
Photographer
Artwork

What is a copyright?
Form protection granted by the laws of the US to creators of original works
Literary
Dramatic
Musical
Artistic
Tangible medium of expression (Lyrics on paper, sung it into iPhone, something
physical)

Exception (not an exception but a defense) Fair use (Making commentary on
what you did. Warhols painting of campbell soup)

Rights grants to Copyright holders of musical works:
Reproduce the work in copies and phonograph records
Prepare derivative works which means changing or modifying the songs
lyrics or music to try and make it yours (not to be confused with cover
recordings)
Distributive copies of the work for sale, rental or other means
Perform the work publicly

Ownership of a copyright

Who owns a copyright?
The author(s) who created the work; or
The employer in a work for hire situation:
1. Recording agreements
2. Hire musicians, producers, mixers, remixers, etc.

When do you own a copyright and for how long?
Upon the work being fixed in a tangible medium of expression
Generally, life plus 70 years
Thereafter, copyright falls into PUBLIC DOMAIN

Copyright in sound recordings vs. in the musical composition (the song)
Sound recording:
The CD
The digital file
Cassette, vinyl
Song:
Lyrics
Melody

Who are some of the Authors? What copyrights do they typically control?
Artists- rights in sound recordings, song?
Songwriters rights in song
Producers rights in sound recordings, song?
Musicians rights in sound recording
Engineers? Typically nothing
Mixers? Typically more about a work for hire

Side note songwriting splits: How it all works
Copyright law says: Unless theres a written agreement to the contrary, all
songwriters split the song on an equal basis
Reality: it depends on the genre. (Rock- , Hip Hop- , Pop- , EDM- , Jazz- )

Katy Perrys California Gurls released by Capitol Records





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