Join Richard Stim for an in-depth discussion in this video Artwork permissions, part of Music Law: Recording, Management, Rights, and Performance Contracts.
- Musicians usually need artwork…in connection with recordings.…There are two ways that a musician…obtains artwork rights: either the artwork is created…especially for the recording, or the artwork already exists,…and the musician gets permission to use it.…When artwork is created for a recording,…the graphic artist should sign a written agreement,…preferably before commencing work.…At the heart of the agreement…is the graphic artist's assignment of copyright.…A statement such as, "In consideration of the payments…"provided in this Agreement, Graphic Artist,…"(or Photographer), assigns all rights in the artwork…"to the Musician, and its assigns or licensees."…In this way, the musician obtains all rights to the artwork,…and does not need to return for additional permissions,…if the artwork is used on merchandise or for other purposes.…
Equally important is the graphic artist's promise,…or warranty, that the artwork will not infringe…anybody else's rights, for example,…that model releases have been obtained.…In addition, these artwork agreements…
For example, when it comes to record contracts, it's important to know how advances and royalties work, how to maintain creative control, and what happens when a member leaves a band. Rich also tackles management contracts, describing what managers can do for you—and what to do when you need to let them go. Next, he explores the basic terms, riders, and payment options in performance contracts. Then learn about releases, artwork permissions, publishing and producer agreements, and other types of legal arrangements. Rich wraps up the course with a discussion of oral agreements, attorney fees and roles, and five basic rules worth remembering for every music contract.
DISCLAIMER: This course is taught by an attorney (or other instructor) and addresses US law concepts that may not apply in all countries. Neither LinkedIn (including Lynda.com) nor the instructor represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views (and legal interpretations) presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- Why bother with a contract?
- Understanding terms, options, royalties, and deductions
- Making provisions for marketing
- Including warranties and indemnity clauses
- Hiring a manager
- Understanding performance contracts
- Getting permission to use samples
- Creating a band partnership
- Record keeping
- Going through mediation or arbitration