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

Recording agreements- singer songwriterMusic Publishing Agreements- lyrics, melodies, musicProducer AgreementsTouringEndorsement and Sponsorship“Work for Hire”ManagementAgentEngagement 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 agreements2. 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 there’s 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

Don Passman – “All you need to know about the music business”“This Business of Music”

Chris malinchak – “So Good To Me”Martin Gaye vs Robin Thicke (Blurred Lines vs Got to Give It Up)