New Recording Artist Checklist: What Every Artist Should Think About

Dallas-based music lawyer Tamera Bennett co-presented with music attorney Joe Stallone at the Dallas edition of Grammy GPS on the topic "Legal Considerations for Every Aspiring Artist." 

Assembling Your Team 

When do you need a manager, an entertainment attorney, a financial manager, publicist?

Get it in writing -- Now

Protecting Your Most Valuable Assets: Trademark, Copyright, Right of Publicity

Trademark

Copyright

  • US Copyright Office
    • There is a copyright in a musical composition; and
    • A copyright in the sound recording of a musical composition.
    • Copyright arises the moment an original works is fixed into a tangible medium of expression.
    • Who will own the songs?  All the members of the band?  Just the members that wrote the songs?
    • Who will own the sound recordings?  The band?  The business entity formed by the band?
    • Will you form a music publishing company?
    • What performance rights organization will the songwriter's join ( BMI, ASCAP or SESAC ) for collection of public performance royalties of the songs?
    • Has the artist, band, producer, label joined Sound Exchange for collection of digital performance royalties?

Right of Publicity

Separate and apart from the band name and the songs/hits of the band, the band members each have an individual "right of publicity" in their persona.  Who controls that right? The band? The manager?  This is a state law right.  In Texas the right arises under common law, but is descendable by statute.

Paying For Stardom - Financing Your Career

Texas Music Office

  • The link to the Texas Music Office will provide you a wealth of guidance on getting started in the music business.  The information is not Texas-specific.

Suggested Books to Read

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Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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