Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b><i>Clause & Effect</b></i>How To Determine Duration Of Band Member Agreements
How the duration of an exclusive band member agreement is counted can be a pivotal point of dispute for a member who wishes to leave a group. This can be further complicated if the term of the band agreement is tied to a recording agreement.
For example, the band member agreement may state that the new member 'agrees to perform as a member of the Group to the best of his ability and in a timely, conscientious and professional manner' and that the new member's 'services as a musical artist shall be exclusive to the Group.' In this example, the term of the band member agreement is deemed to have begun upon formation of the band and to continue until 'the recording and completion of three (3) wholly new Group albums unless earlier terminated.' 'Album' is defined in the 'Compensation' provisions of the band member agreement as 'an album recorded and delivered to, and accepted by, Distributor under the Recording Agreement in satisfaction of the recording commitment thereunder.'
The band member agreement may also state that it is terminable at will only by the band and that the 'results and proceeds of [the new member's] services with the Group shall be deemed 'works made for hire' with all right, title, and interest therein ' throughout the universe vesting in the Band in perpetuity.' In addition, the new band member may be required to agree that 'services with the Group' not deemed 'works made for hire' will be deemed to have been irrevocably assigned ' including all rights, title and interests ' to the band in perpetuity.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?