© Rafael Deprost, courtesy of Lost Frequencies

MUSIC / Music industry

Once a track has been written and recorded, the next stage is its exploitation, a process underpinned by a network of rights, contracts and revenue streams.

Master rights, copyright, publishing rights, neighbouring rights, royalties, streaming, synchronisation, distribution and licences ultimately determine who is permitted to exploit a musical work or recording — and who is paid for doing so.

Indie Law guides artists and businesses in the music industry through this legal and commercial landscape. We know the music industry inside out, and guide our clients through a sector rife with jargon (masters, split sheets, DSPs, neighbouring rights, mechanicals, sync fees and publishing deals, etc.). We see it as our mission to provide our clients with a thorough understanding of the business and their role within it before proceeding to negotiate or conclude an agreement.

Target audience

Who is it for?

Artists and Bands

Songwriters and Composers

Producers

Managers

Record labels

Music publishers

Distributors

Live and Entertainment Companies

Rights holders

Owners’ catalogue

Music platforms and start-ups

Music contracts

In the music industry, a contract determines what happens to music for years to come. We advise on and negotiate, amongst other things:

record deals · artist agreements · licence deals · distribution agreements · producer agreements · management contracts · publishing agreements · co-publishing and administration deals · songwriter agreements · collaboration agreements and split sheets · sync and master use licences · live and performance agreements · endorsement and sponsorship deals

In doing so, we look not only at the legal wording itself, but also at its practical and economic implications. There is no ‘one size fits all’ solution, so we carefully weigh up all the parameters (term, territory, exclusivity, options, royalty base, recoupment, advances, accounting, audit rights, creative control, release commitments, ownership, reversion of rights…) in the light of the specific situation and the intended collaboration. We do not believe in such a thing as a ‘standard agreement’, because every artist and every project is different.

7. Henri PFR FRANCOFOLIES SPA-2
© Arno Partissimo – Courtesy of Henri PFR

Master rights and copyright

A recording and the underlying composition embodied therein are legally distinct matters. This distinction is essential in relation to releases, samples, remixes, synchronisation, covers, distribution and catalogue deals.

We advise on the ownership and rights relating to musical works and masters, the transfer and licensing of rights, co-authorship, splits, neighbouring rights and collective management. We also advise our clients and help them navigate disputes should any issues arise retrospectively regarding credits, ownership or the distribution of royalties.

Streaming, royalties & digital exploitation

Spotify, Apple Music, YouTube, TikTok and other digital services have fundamentally changed the way music is exploited. But the underlying question remains the same: who owns which rights, and what remuneration should be paid in return?

We assist with decisions and contracts relating to digital distribution, the granting of licences, setting up the most suitable revenue and royalty structures, analysing statements and conducting any necessary audits.

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© Phil Jinglun Guo

Samples, sync & clearances

Want to use a sample? Incorporate music into a film, advert, game or podcast? This often requires various rights to be cleared. Indie Law helps you identify which permissions are required and, where necessary, negotiates sample clearances, synchronisation licences and master use licences.

When a discussion arises

We advise clients on disputes relating to royalties, breach of contract, credits, authorship, ownership, unauthorised use of music, plagiarism, termination of collaborations and accounting. Where possible, we seek a resolution through negotiation. Where necessary, we represent our clients in legal proceedings.

Please set out your case to us.

Is there a deal on the table? Or is a right not being respected? Put your case to us.