Tuesday, January 13, 2015

Artist Rights: Have you considered all there is to consider?

There are two sides in this industry - an art side and a business side. In order to have a successful career in the music world, the more rights an artist owns, the likelier he/she is going to acquire the most profitability. According to an international Arts Law Center, there are THREE main rights that every artist should own and be aware of:

1         Reproduction Rights,
2         Performance and Communication Rights, and
3         Adaption Rights;

Unfortunately, not all artists are fully aware of all the rights they can possibly own. I was recently reminded of that when I came across an article regarding Music Law Pitfalls . The author explained that nowadays, artists tend to get into contract deals with record companies that give the record company rights to receive a percentage for all aspects of the artist’s earnings. That might sound like a great business move for a record company, but it is definitely not a favorable deal for an artist. Interestingly, back in the day, record companies did not receive a percentage for everything though. Record companies were actually limited to receive profit only for specific things and an artist usually did not share all of his/her rights. 

But why would an artist even share all of his/her profits? I think the thought process to answer that question for some would be to think about it this way, "To be or not to be" (Shakespeare)… either get dropped by the record label who is helping to advance and market your career or remain with a company with whom you would just share a percentage of your profits with…? 

My longing concern is that the business side in this industry is greatly composed of legalities, which are changing daily and conforming to modern times, and that an individual who is misinformed or unaware of certain laws will be at a disadvantage in their career. There are so many more rights that are available  that many artists don't know about. Contrary to the saying, in the music industry, what you don't know WILL hurt you. So my question to the artist would be, “Are you in good hands?” I recommend that an artist be well informed about the business side of the industry or hire someone like an aspiring entertainment attorney like me!! ;-)! ..… ;-)? 

……Anyhow, I highly suggest that every artist read the Music Industry Survival Guide! It’s an online article that provides an awesome summary of the basics about artist rights and guess what? The author does a great job at explaining it in a way that any person without a legal or business background should understand. #WIN

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