Marc Jacobson's Answers

My YouTube video went semi-viral. Was used without my permission last week by TV stations, papers, websites. How do I get paid?

Great question. First, please take the time to register the copyright in your work. it can be done online at www.copyright.gov. Registration within 90 days of first making it available to the public gives you the maximum benefit under the copyright law. And the copyright will last for your life + 70 years. As to the use, if it was used closely after the event, its kind of interesting. First, I would write to all the companies that used the work without your permission and tell them...

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Entertainment law question / film contract.

In the USA anyone can sue anyone, anywhere, any time. Whether the suit is a winner is another thing altogether. In exchange for their services on the film, you promise to do your best to cause the film to be released, and to promote it. That is what we call "bargained for exchange" or to a lawyer, consideration. It's perfectly legal, and completely enforceable. The actors and crew might sue, but if the contracts are well drafted, they will lose. Get a good film lawyer. The rights,...

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I am negotiating with a record label. An associate has agreed to advise. What is a fair percentage of proceeds to pay?

Attorneys will charge between 5-10% of income from the agreement for providing that advice. Agents will typically receive 10%. Managers will receive 15-20%. Colonel Parker, Elvis' manager, received 50% of his income. Alternatively you could pay a fee, as agreed between you. Good luck! These agreements are very important and should be very carefully reviewed.

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Do any entertainment lawyers still shop songs/demos to labels and publishers anymore, or is that entirely a thing of the past?

I don't do it anymore, and none of my lawyer friends in this business do either. The recorded music business is less than half the size it was at the turn of this century. Labels are signing fewer and fewer acts, and hedging their bets, by taking less risk, and looking for those acts which already have a track record--having sold __,000 CDs, or downloads, a touring following, a social media presence etc. The only acts that matter to the labels are the top three acts or so. The rest is...

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How do i go about getting a music publishing contract looked over so it can be explained to me? I can't afford a attorney.

Contact Volunteer lawyers for the Arts. Talk to the local bar association, they might have lawyers available. Call a local law school. Or call a lawyer here on Avvo. They might be less exoensive than you think!

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Can a music producer own the copyright of the lyrics to an unproduced song?

Absolutely nothing wrong with owning the copyright in songs written by artists who are signed to you. The "right thing to do" however, is to pay t hem as they write for you. You can engage the artists as your employees and their job is to write for you. Typically the publisher will pay these "staff writers" on a monthly basis, and require a specified output, or they will pay them as the songs are delivered. If you do that, you'll own the songs as 'work made for hire' and the song will not...

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CAN I RECORD COVER VERSION OF A SONG? U.S COPYRIGHT LAW

Section115 of the Copyright Act provides, in effect, that once an audio recording of a song is available for purchase by the general public, that the owner of the copyright in the underlying musical composition (the song, not the recording of the song) is subject to a compulsory license. That license provides that the new user must file forms with the copyright office and pay the statutory royalty of $0.091 per copy made to the owner of the copyrit in the song. This license will allow the new...

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Does it count as Fair Use to have 10 seconds of someone poorly singing a song as karaoke within a TV Show?

Fair use is so difficult to determine. There are many factors that go into that decision, and they change in emphasis from case to case. If it is a network ordered pilot, I'd address the issue withe your E&O carrier. If its a "sizzle reel" to be used to sell the show to a network, I would still ask the E&O carrier. But the risk of actual damages here is smaller, largely because the audience is smaller. If the only audience is one or two people, for the purpose of selling the show, its...

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How much will it cost to have a lawyer read a 23 pages contract.

There are various methods by which attorneys in the entertainment business charge. Some charge by the hour, based on their experience, some charge a percentage of the client's gross income, often between 4-10% depending on whats involved, and some mix it up and charge a lower than normal hourly rate, plus a percentage, or an hourly rate against a percentage. Quoting a fee in the abstract is very difficult. If the agreement your son and his friends received is from a "production company"...

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Copywrite infringement ......

I might be able to make back up copies of my collection for myself, not because there is a statute or case law that allows me to do that, but because that is a very difficult type of infringement to enforce. In the Sony Betamax case, the US Supreme Court held that making a copy of a TV show with a betamax video recorder, for purposes of "time shifting" -- watching the afternoon soap opera after work-- is not an infringement. Starting a separate business making copies of recordings for...

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