FREE LEGAL ADVICE. Believe it or not, there are dozens of legal organizations which have as their sole goal to provide free legal services to nonprofit arts organizations, as well as to artists who can't afford legal services. These organizations are great resources.
Issues often handled include contract negotiations, mediation services, nonprofit incorporation, copyright information and infringement lawsuits, tax information, estate planning, and lease review. VLA organizations also provide education programs, including seminars, publications, and the maintenance of art law libraries.
GET THE REAL SCOOP ON RECORDING CONTRACTS
Learn the ins' and outs' of what you should expect in a recording contract.
Other Tips
Most musicians want to devote their time to creativity - writing, recording, performing music. And, who is to blame us for wanting to focus on that. Normally, if you follow the traditional route, you hire others to watch over the business aspect of what you do. These include lawyers, business managers, personal managers, booking agents, publicists, and others. You can take the same route as an independent musician but it will cost you. Or, you can learn and understand the business aspect of your business. This is not to say that you can successfully replace any of the individuals mentioned above. This page is devoted to focusing on some of the legal aspects of your business. It's not indented to replace legal advise but merely a heads up with some suggestions to make your life less complicated.
Partnerships
If you create, record, and perform alone, you are probably not really interested in this section. However, if you do any of these with others, you have formed a partnership and it's a good idea to understand what will happen when something doesn't go quite the way you expect it. For example, what happens if a band member that has co-written a song decides to leave? You can address this by having a partnership agreement in writing. It should spell out what happens in the event of ...... You need to understand that even without a written agreement, you technically still have a partnership and if you haven't defined what will happen, you probably will default to state law dictating what will happen. Some things to think about in a partnership agreement:
 | If the band invests in equipment, what happens when a member leaves |
| If songs are co-written, what happens when a member leaves |
| Who can record songs should the band break up |
| Who can perform songs should the band break up |
| What about tax responsibility when the "band" is paid |
| If a member leaves, do the remaining members get to keep the same band name |
| Can a departed member make a claim when the band suddenly becomes popular |
| What about personal liability in the event the "band" has a problem with an individual or company, or another artist |
| When investments need to be made (recording fees, equipment, etc) how will monies be collected and used |
There are a number of types of partnerships that can be set up including general partnerships, limited partnerships, joint ventures, corporations, and limited liability corporations. Your lawyer can assist you in determining which of these are best for you.
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