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Music Law

  • 16-01-2010 11:14pm
    #1
    Registered Users, Registered Users 2 Posts: 4,624 ✭✭✭


    Evening folks,

    Bit of an unusual question here. Im a law student and also a musician and I notice that there are law firms in england and in the states that specifically deal with music law such as bands legal issues and bands rights and contracts etc etc and couldnt help but notice there are no firms that directly deal with this in ireland!

    So I was just wondering who you guys use to deal with your legal issues relating to the music business?


Comments

  • Registered Users, Registered Users 2 Posts: 94 ✭✭duffman90210


    IMRO and/or RAAP

    :-)


  • Banned (with Prison Access) Posts: 8,483 ✭✭✭miju


    king-stew wrote: »
    couldnt help but notice there are no firms that directly deal with this in ireland!

    Theres quite a few legal and accountancy specialising in just the music industry such as Arthur Cox or Merrion Legal Solicitors to name but two. Theres also a fair few people who while not professional legal practioners would run rings around music legal people with their knowledge of music law and it's many nuances (thats not an attempt to belittle Solicitors in any way)

    If you have a look at the Hotpress website and go to their industry directory you will see a full list of all the various law firms.

    Hope that helps :)


  • Closed Accounts Posts: 12 Catmandoo


    Most of the larger law firms in Dublin such as Arthur Cox, Goodbody, Mc Cann Fitzgerald etc have in-house personnel who deal exclusively with Entertainment Law.

    There are also some excellent online companies who, for a reasonable fee, will supply a typical recording, publishing or management contract and will tailor the various clauses and sub-clauses according to your requirements.

    I`ve recently taken on an emerging Dublin solo artist, Cat Lundy, (sorry Mod for the plug!!) and made enquiries among entertainment lawyers as to their costs. Unsurprisingly they are prohibitive and given that Contract Law has become a minefield in the entertainment industry, with 84 page contracts now appearing where 4 page contracts used to do, the online route is bound to grow in popularity.

    If you`re a law student and prepared to ruffle the feathers of the Law Society and your fellow practitioners, why not set up an affordable practise in Entertainment Law? Film directors, actors, writers, visual artists and musicians would happily deal with you rather than deal with a faceless online company.


  • Registered Users, Registered Users 2 Posts: 4,624 ✭✭✭NoQuarter


    Catmandoo wrote: »

    There are also some excellent online companies who, for a reasonable fee, will supply a typical recording, publishing or management contract and will tailor the various clauses and sub-clauses according to your requirements.

    Any examples just our of interest?
    If you`re a law student and prepared to ruffle the feathers of the Law Society and your fellow practitioners, why not set up an affordable practise in Entertainment Law?

    ;)

    (give or take a few years though :()


  • Closed Accounts Posts: 12 Catmandoo


    Hi King-Stew,

    sorry for delay in getting back to you. There are loads of online firms offering Entertainment Law services, just use the "Advanced" tab of a search engine like Google and key in the appropriate words.

    One of the better sites is: www.musiclegalforms.com. They`ve a comprehensive list of contracts relating to the music industry and are far cheaper than hiring the services of an Irish lawyer. Best of all, you`re paying in dollars and gaining from the favourable exchange rate. And their contracts can be customised to suit an individual`s needs. Hope that`s of some use to you.


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  • Banned (with Prison Access) Posts: 8,483 ✭✭✭miju


    right I'm gonna fire out the obvious simple question. Are those contracts Irish law based?

    I'm gonna guess no given that they are written by associates of the American Bar Association. Not trying to be smart here but you pay a legal expert for their expertise in music law etc, you would want to be VERY careful about using a US based contract service. Escpecially when they add this disclaimer buried down the very bottom of their support page "Note: MusicLegalForms.com does not provide legal advice.
    The products offered by MusicLegalForms.com are not a substitute for the advice of an attorney."
    which proves my point perfectly.

    The old saying of buy cheap pay twice rings very true here especially when it comes to the legal field. You really are better off getting things done properly the first time as if things go wrong and your contract is open to legal flaws, then even if you are right it may prove an expensive exercise in proving / arguing for that in court.

    I can think of a few examples of managers contracts off the top of my head where this has happened.


  • Closed Accounts Posts: 12 Catmandoo


    Broadly speaking, contracts in Entertainment Law are very similar throughout the English-speaking world. They are based on legal precedence and are constantly being amended, but the basic "thrust" of the contract is universal.

    Those contracts on MusicLegalForms.com are excellent. Of course there is a disclaimer, given that the company are operating in a country where litigation is little short of being a national hobby. Online companies in the States have to "cover their asses" against every eventuality.

    My point is that unsigned bands and musicians can barely rustle together the cost of a rehearsal. Why pay an entertainment lawyer 300 per hour to draft a contract when that online company can give you a blueprint document for a fraction of the cost?

    Will the contract stand up in an Irish court if contested? Well, if you`re unsure, then run it by an Irish lawyer and at least you`ll cut down on legal fees. But my own thinking is that a contract drafted by Yanks is surely bombproof anywhere else in the world, such is their attention to detail.

    Finally, if a relationship breaks down between a manager and his/her band, or between two songwriting partners etc, no amount of legal paperwork is going to heal that rift.


  • Banned (with Prison Access) Posts: 8,483 ✭✭✭miju


    nothing to say but :rolleyes:


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