Most bands start because the members enjoy playing music, being musicians, and enjoying time with their bandmates. However, at some point, bands attain a level of success and, at that point, the band members should begin to think of their band as a business. That is the time to incorporate your band and become serious […]
Top Reasons for Incorporating Your Band in New York Read More »
At Cordero Law, we strongly advise our music industry clients to file for registration of trademarks related to their band, music compositions, and other artistic works. Trademark is another word for “brand.” Every band and musician has a unique and valuable brand — trademark — and creating, popularizing, and defending a brand usually involves great
Beware of Trademark Issues With Recording Contracts Read More »
Thousands of copyright infringement lawsuits are filed every year related to allegations of copying music or lyrics. To win a music copyright infringement case, the person filing the case must prove some sort of actual copying. In legal terms, the plaintiff must show “substantial similarity” between the plaintiff’s alleged original and the alleged copy. One
In September 2020, “Kanye West Record Deal” started trending. Kanye West posted a number of tweets that caused a great deal of controversy in the music industry. See BBC report here. West made about a 100 posts and shared screenshots of pages from his recording contract. West complained that his record label was not allowing
When a music band breaks up, the result can be as “messy” as a vicious marriage divorce. One way to smooth the process and avoid a lot of acrimony is to have the band members agree to a Band Break-Up or Band Divorce Agreement. Such agreements are becoming more and more popular. An experienced New
Music Band Break-Up Agreements: A Few “Must-Have” Provisions Read More »
Under the US Copyright Act of 1976, 17 USC § 101 et seq., there are two categories of damages that can be collected to punish music piracy. “Piracy” is known legally as “infringement.” The two categories of damages are: The copyright owner’s “actual damages and any additional profits of the infringer…” (Section 504(a)(1)) or An
Understanding Actual and Statutory Damages for Music Pirating Read More »
As many know, the Mechanical Licensing Collective (MLC) is set to “go live” on January 1, 2021. Despite many worries that were expressed in 2018 when the MLC was authorized and despite delays caused by the COVID-19 pandemic, it appears that there will be no significant delays or requests to Congress for more time. It
Music Industry News: Update on the Mechanical Licensing Collective Read More »
As a musician and artist, the thought of trademarking for musicians might have come across your radar. That is because building your trademark is essential for protecting your songs and performances from being used or rebroadcast by others. It may take time to build your brand, but once established, your trademark should be registered with
Trademarking for Musicians: What are International Classes? Read More »
For performance artists, music groups and bands, trademarks are important for protecting your unique sound and image. By registering your band’s name as a trademark, you can prevent others from unjustly profiting from your name, and you can enforce your intellectual property rights through litigation in federal court. The process of creating and registering a
The Process of Trademarking Your Musical Group’s Name Read More »
The federal Second Circuit Court of Appeals, here in New York, recently issued an opinion that is instructive on the legal question of “music sampling.” Sampling is using a small segment, the “sample,” of an older sound recording in a new song. Often, the older music, lyrics, or audio is played in the background while
Court Affirms Drake’s Music Sampling of Jimmy Smith’s Rap Fair Use Read More »
