Music Attorney Ron Bienstock (Goo Goo Dolls, Billy Joel, etc.) returns to Getsigned.com this week to answer your Biz/Legal questions including: "Should I sell my beats outright or keep the copyrights to them?", "Is it right to pay the label to give me a record deal?", "What percentage does an indie label usually want of my publishing?" and much more!

*Terms of Use: This column and the information contained within is presented to our readers as a reference tool. The short answers given to these questions are not intended to constitute full and complete "legal advice." The answers given here do not constitute an attorney/client relationship. Getsigned.com will not be responsible or liable for any damages arising from the information posted here. We strongly advise setting up an appointment with Mr. Bienstock to discuss your problems in more detail. He can be reached at his website, www.musicesq.com

Q: Hi Ron: I have a recording contract that I am about to sign, but I'm not clear on about certain costs that are stated on there. It says that MANAGEMENT & PERFORMANCE COSTS are "Bourn by the Artist." (sic) What exactly does this mean? Is this typical? Thanks, Joann

A: Joann:

Who reviewed the agreement for you? I hope that you are not negotiating the agreement by yourself. Just seeing that management and performance costs are mentioned in a recording agreement would strike any music 'biz lawyer as unusual. For example, management concepts aren't included in recording agreements unless there was a negotiated letter of direction to pay your manager his/her commission directly from your advance. Performance costs- we can only assume this means live performance, and by its inclusion as a cost to the artist we can assume that this means that the label will not pay tour support to you. Joann- do not sign what you are unsure of. At some point soon, seek professional guidance.

Thanks for your question,
Ronald S. Bienstock

Q:  dear ron, i've just started getting to making my own music, i freestyle (rap) with some of my friends and a lot of them tell me i should start making music, anyway i got a good rap name, actually three, and i was wondering how i would go about copyrighting one of them or all of them? and if there are any policies on multiple copyrights? peace, jesse

A: Jesse: You cannot copyright a name. Your moniker or performing name will fall under the concept of trademark. You can only apply for one trademark per application- pick the best and start there. Once you begin to use the name in commerce or decide to go forward with an intent to use application, you can contact an attorney who handles intellectual property. He/she will get you on the correct course. I have also archived similar questions on trademarks, check out the FAQs at getsigned.com.

Thank you for your question,
Ronald S. Bienstock

Q: Hi Ron,
Is it 'usual' for a U.S. record label signing a singer/song writer to expect 52% of the artists publishing income? They are not the artists publisher and would be receiving this income from the publisher. In fact, is it usual for the record label to receive any % of the artists publishing income and if so, what is realistic? Any information you can offer would be greatly appreciated. Kind Regards, Liz

A: Liz:

Huh ??! Generally, only smaller indie labels want to participate in your publishing- it allows them to recoup against the outstanding recoupable costs and lower their per unit mechanical payments. However, the 52% figure is pretty unusual- normally a standard publishing agreement would be the common 75/25 split: you keep writer's share of performance royalties and split the publishing share of performance and split the mechanical income 50/50. More generic 50/50 net splits still abound, but generally can be improved upon.

Thanks for your question,
Ronald S. Bienstock

Q: hey ron, if i wanted to sell beats what would be the best way to go with like copyrighting or royalties? what would be the best thing to do? thanks, carlos

A: Carlos:

We need some specificity here. You can register the copyrights in your compositions via www.loc.gov ­the forms are all there. Remember, under the copyright act when a composition is in fixed form, it is copywritten, it just needs to be registered. As to royalty issues, there are issues that come into play when a third party adds their lyrics or rhymes and needs to pay the mechanical royalty for your proportionate share of the composition. You will also need to affiliate with ASCAP, BMI, or SESAC to collect the radio & TV performance royalties. Lastly, perhaps you should not be "selling" beats, but rather co-writing- unless you actively do sell your composition interest in a buy-out agreement. If so, It better be worth it- hold on to your interest in the composition!

Good Luck,
Ronald S. Bienstock

Q: Ron,

My friend and I wish to record some liturgical music to raise funds for our church. Will we need to receive copyright permission for any/all of the songs we choose? If so, how do we go about it? And, how do I go about copyrighting my own composed works? We live in Canada. Are the laws here different from those in the USA? Thank you, Leanne

A: Leanne:

A good place to start researching the publishers for your cover material, would be the ASCAP/BMI/SESAC websites. They will generally have the publisher listings. In your case, you may also want to check with SOCAN. For registering copyrights in the US, please go to www.loc.gov for the forms necessary. As to the differentiation in laws- Yes, there are some distinctions. Perhaps you may want to follow up with a Canadian intellectual property attorney for more detailed info.

Thanks for your question,
Ronald S. Bienstock

This e-mail address is being protected from spam bots, you need JavaScript enabled to view it  Website Back	Attorney Ron Bienstock
	Ronald S. Bienstock is Senior Partner at Bienstock & Michael, P.C. in New York City. Ron received his J.D. from California Western School of Law in 1981. He is admitted to practice in New York, New Jersey, and Washington State. Ron was editor-in-chief and publisher of International Musician & Recording World and was general counsel to Hoshino, U.S.A., manufacturer of Ibanez Guitars, Electronics, and Tama Drums. In 1991, Ron was voted as one of the top 100 "Most Influential People in the Music Business", by BAM Magazine. Recently, Ron has been music business commentator for CNN and has been a guest lecturer at New York University, Benjamin Cardozo School of Law, and Quinnipiac School of Law. Ron has been published in the New York Law Journal, New York State Bar Association Entertainment, Arts, and Sports Law Journal, and has contributed to Getsigned.com since 1998. A performing and recording musician for over 25 years, Ron continues to perform and record with his band, "The Suits", who's debut LP on Viceroy Records secured them appearances on Late Night with Conan O'Brien and CNBC. Ron is also Co-Chair of the NYSBA committee on the recording industry and the Internet. Ron has scored and composed for off-broadway, film and tv including the 100th anniversary of the Dodgers video and the award winning play "Two" by Romulus Linney. He and his firm have proudly represented Getsigned.com, Inc. since 1998.
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