Join Richard Stim for an in-depth discussion in this video Attorney fees, mediation, and arbitration, part of Music Law: Recording Management Rights and Performance Contracts.
- [Voiceover] Three common provisions used…in the resolution of disputes are attorney fees,…mediation, and arbitration.…A mutual attorney fees provision establishes…that in the event of a legal dispute,…the party that loses must pay…the winning party's legal fees and costs.…Often attorney fee provisions are one-way.…For example, only the musician must pay a fee…if she loses a lawsuit but if the record company loses,…it doesn't have to pay attorney fees.…
Some states such as California have recognized…the unfairness of one-way attorney fees provisions…and automatically convert them…into a mutual provision.…If an attorney's fee clause is not included,…each party bears its own legal expenses.…A Mediation Provision requires that in the event…of a dispute over the agreement,…a neutral third person, the mediator helps the parties…talk through their dispute and come up…with a mutually acceptable resolution.…
The mediator doesn't make a decision…about what to do and cannot bind the parties.…The mediator is used to facilitate a resolution…
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