The extensive body of laws that govern the entertainment industry, including those working in the music field, are highly complex and sometimes difficult to understand. As a musician, your original works are your intellectual property and should be protected through properly executed commercial agreements, licensing, and enforcement. Whether you are a songwriter, producer, mixer, or recording artist, it is important to understand how these deals work to ensure that upcoming transactions are properly executed.
A Miami music lawyer could assist with diligent searches for copyright violations while using tools like injunctions or cease-and-desist letters to prevent unauthorized use of your creative works. Our trusted entertainment attorney could also assist with key aspects, such as music licensing, which can allow for controlled use of copyrighted music content to be incorporated into films or other artistic works.
From songwriting and recordings to public images, intellectual property is a mainstay in the music industry. Ensuring that these assets are property registered, protected, and managed is key to taking legal action against potential infringers, while also being properly compensated for someone’s creative works.
A music attorney could guide someone in Miami through establishing intellectual property rights and maintaining those assets. Copyrights are among the most well-known types of intellectual property in the music industry. The owner of a copyright has the sole right to distribute, perform, or license their music, but it can be used to protect rhythms, melodies, harmonies, and lyrics, as well as sound recordings.
Trademarks can also be used to help musicians protect their work. A trademark is used to differentiate and protect a name, slogan, or symbol, all of which are crucial to a brand’s identity in the music industry. For example, trademark registration can be used to protect a band name or band logo, which would be used on merchandise, albums, and other commercial endeavors.
The unauthorized use of music online is a rampant issue that plagues many creators and can put future profits in peril. An attorney can help someone establish ownership of the work, obtain copyrights and trademarks to actively protect IP, and work tirelessly to ensure no one else is allowed to illegally profit from your endeavors.
In addition to taking prompt legal action against infringers, a Miami attorney can assist musicians with licensing their work. Licensing remains a crucial source of compensation for members of the music industry.
An attorney could help draft, negotiate, and execute various types of music licensing agreements to ensure an artist receives favorable remuneration for works of creative expression. For example, performance licenses can give someone else permission to perform the music live, while a synchronization license can allow a film or advertisement to use the music. Composers and other copyright holders can receive performance royalties when their music is performed publicly. Performance royalties can compensate an individual every time their song is played in a public setting, such as a concert, restaurant, streaming service, or on the radio.
Streaming services have altered the way that many licensing agreements are executed today, as these large platforms often use blanket licenses negotiated with record labels to negotiate troves of music to listeners. It is important to have an attorney who understands this complex music landscape and can help make informed decisions that align with a person’s long-term goals.
A Miami music lawyer can offer practical advice and astute legal counsel for everything from music licensing to securing other intellectual property rights.
Our skilled IP attorneys could conduct an initial review of your situation and advise you as to the most advantageous next legal steps. Lomnitzer Law can also take prompt action if an infringement of your work occurs. Contact us today to set up your confidential case consultation to take your career to the next level.
