The%20Lawful%20Truth

In the last issue of NZ Musician we began a discussion of some of the general provisions (often referred to as ‘boilerplate’ provisions) that you encounter in almost all contracts, and the important roles these types of clauses play. Specifically we discussed termination, notice, assignment and amendment provisions, and what these clauses actually provide for. This time around we’ll conclude the discussion of important boilerplate provisions by looking at governing law provisions, Force Majeure clauses and entire agreement provisions. ...more

People are naturally cautious about what they sign when it comes to their commercial dealings in the music industry. However, given that a mere informal conversation can in certain circumstances also form the basis for a legally binding agreement, are we all equally careful about what we say? ...more

In the music industry so many deals are based as much on who you are doing the deal with as they are on the likely commercial benefits of the deal itself. While this is not uncommon elsewhere it is a much more regular factor in the music industry where reputations can open doors and gain you opportunities as effectively (and sometimes even more so) than pure commercial grunt can. ...more

Given the significant controversy that has surrounded previously proposed internet copyright infringement legislation, it’s timely to consider if the recently-passed Copyright (Infringing File Sharing) Amendment Bill lives up to the claims of its critics, and what it will really mean for the music industry in New Zealand. ...more

In the last Lawful Truth column we looked at things to be aware of when it comes to ‘terms of use’ and similar types of agreements that you enter into when you use websites and other web services in relation to your music. For this issue we’ll keep the internet focus but look at some of the legal considerations you need to bear in mind when looking to more generally market and promote your music online. ...more

There has been a lot of talk recently about the proposed sale of MySpace by Newscorp and the questions this raises as to what monetary value Newscorp will place on the flagging social networking site. The situation is also significant in that should MySpace be closed down or even fundamentally reshaped by its new owners, it will potentially represent the most significant test we have seen to date of the viability of relying on a third party as a fundamental component of your social networking activities. ...more

In the last issue of NZ Musician we began looking at trade marks (read here), why they are important for anyone operating in the music industry to understand and be able to take advantage of. In this issue we’ll continue that discussion, looking more specifically at the advantages of formally registering your trade marks as well as some of the restrictions on the types of trade marks that can be registered. ...more

In previous Lawful Truth columns we’ve considered intellectual property issues by way of discussing copyright and the wide-ranging ramifications that this type of intellectual property has for anyone involved in the music industry. In this issue of NZ Musician we will be considering another type of intellectual property that is also very important for anyone involved in music, namely trademarks. ...more

In the last Lawful Truth column we began to look at Producer Agreements in the music industry and considered some of the vital secondary issues that need to be addressed, such as defining the actual services being provided, the related timelines these services will be provided on and also any copyright rights in the resulting songs and recordings. In this edition of NZ Musician we’re going to move on to talk about specific payment rates and terms that generally apply to Producer Agreements. ...more

These days more and more bands and artists own their own recordings, along with which comes the responsibility for ensuring that the best use possible is made of them. Activities that were once the domain of record labels only are increasingly becoming areas that these bands and artists need to delve into if they are to maximise the value and exposure of their music. ...more

Getting paid is undoubtedly one of the most important aspects of any deal you enter into. In this edition of The Lawful Truth we’re going to discuss some of the key issues you need to be alert to whenever you are negotiating payment provisions in music industry contracts. ...more

In this Lawful Truth column we are going to take a look at ‘Recording Release Agreements’ which, despite the significant benefits they provide, are unfortunately perhaps one of the most overlooked and misunderstood agreements in the music industry. A Record Release Agreement clarifies all the rights involved in the making of a recording and the extent to which these rights may be waived, limited or upheld going forward. Anyone who plays, sings, programmes, DJs or in any other way performs on a recording should be required to sign one of these agreements. ...more

As discussed in the last Lawful Truth column, along with being aware of the key issues in standard music industry agreements, there are a number of guiding principles that can help you to avoid legal problems when operating in the music industry. While some of these are fairly straight forward – like ‘don’t sign anything unless you understand it’ – some are more specific. In this column we’ll be looking at the final five of the top 10 legal tips for those working in the NZ music industry. ...more

Over the last few years these Lawful Truth columns have discussed many important legal issues to be aware of within the local music industry. We’ve looked at everything from recording agreements to publishing agreements and touched on such important topics as copyright and performers’ rights. There are also a number of guiding principles that, if followed, can help you to avoid legal problems in general. So in the next few issues we’re going to take a bit of a step back from specific issues as we look at the Top 10 legal tips for those operating in the NZ music industry. ...more

In the last issue we began to look at some key issues around Synchronisation Agreements and one of the final issues covered was clarifying the extent to which the TV show or film in which your music is to feature, will be distributed. Distribution not only in terms of which countries, but also the formats (e.g. free-to-air television, cable, release on DVD etc.). All of these factors can affect both the price that should be payable for the use of your music as well as whether you would be keen for your song to be used at all. A related issue to this is the way in which the music you are licensing may be used outside of the specific film or TV show. ...more

As the music industry continues to deal with declining sales of CDs and the impact of online piracy of digital music (by some estimates as much as 95% of the downloading and accessing of music over the internet is by illegal means), it's never been more important for us to think about the other ways to get paid for the music we produce. ...more

This edition of The Lawful Truth continues looking at Performance Agreements and some of the key issues in these agreements that you should be aware of. Last time we considered some of the general logistical issues and here we'll be looking at legal issues such as payment and cancellation provisions, as well as how to best enforce your rights under the agreement. ...more

Most of the legal agreements used in the music industry include large and unique parts drafted in quite a specific legal manner, necessary to most effectively provide for the applicable rights and obligations in question. Whether you are the party putting together the agreement, or the one being presented with it, you really do need to get a lawyer involved who is familiar with such music industry contracts to ensure your position is appropriately provided for and protected. ...more

Although the recently enacted Copyright (New Technologies) Act 2008 isn't focused specifically on music, copyright is without doubt the most important legal concept when it comes to the operation of the music industry. ...more

In the last issue of NZM we looked at the basics of what a Publishing Agreement is and the important role that a publisher can play in helping you get the most out of the music you release. I also talked more specifically about some of the important provisions to be aware of in Publishing Agreements such as the term (period) and providing for certain situations in which a publisher must get your permission before allowing your music to be used. ...more

The last Lawful Truth column covered the basic make up of traditional Recording Agreements, Licensing Agreements, Production and Distribution (P&D for short) Agreements and Distribution Agreements. In this issue we'll look at some of the key issues to be aware of in each. ...more

Before discussing some of the modern variants let's first look at the more traditional context... ...more

When looking at the remuneration a manager is entitled to, another important issue that needs to be addressed is the income generated after the manager has ceased to act as manager from projects he or she was involved in or set up during their time as manager. ...more

In the last issue of NZ Musician we looked at some of the important issues to be aware of when putting band agreements together. ...more

In the last few columns we have been looking at the rights which copyright provides creators of original music. ...more

In recent columns we have been looking at why copyright is perhaps the single most important legal concept for those of us operating in the music industry. ...more

In the last issue of NZ Musician we looked at some of the basic principles of Copyright as it relates to music. We discussed the general rule that if you are the creator of a copyright-able work (such as the music or lyrics that comprise a song) then, with a couple of exceptions, you will be regarded as the owner of the copyright in that work. Copyright ownership is vitally important as it is the copyright owner who gets to decide what can and can't be done with a copyrighted work - and it is the copyright owner who will be paid for granting any rights to others to use the work. ...more

In the last issue of NZ Musician we looked at the issue of licensing music and the potentially huge benefits if you can retain control of your songs. In this column we are going to be looking at the related topic of Copyright. ...more

The internet and other recent advances in technology, particularly mobile phones, have opened many new avenues for musicians to make money off their songs. ...more