Join Richard Stim for an in-depth discussion in this video The grant, part of Music Law: Recording, Management, Rights, and Performance Contracts.
- An artist possesses something that the label wants,…the exclusive rights or copyright to a musical recording.…To obtain these rights, the record contract…includes a provision referred to as…The Grant of Rights, or just The Grant.…There are two ways a label can…get this transfer of copyright.…It can lease the copyright for a period of time,…known as a license, or it can purchase ownership…of the recording copyright, known as an assignment.…Occasionally, a label requires copyright under a principle…known as the work made for hire rule,…in which the label hires or employs the artist.…
With a license, an artist retains copyright,…but gives up, or rents rights temporarily.…With an assignment, the artist transfers title…to the copyright, much like the sale of a house.…However, these distinctions can be artificial…because some licenses last forever,…making them similar to assignments,…and some assignments are not permanent,…the label gives the copyright back to the artist.…So when it comes to the grant of rights provision,…
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