Music



Our substantial music practice has great breadth and depth. We are involved in:

Recordings
Our firm drafts and negotiates artist recording agreements; label and production agreements; demo agreements involving exploratory investments in artists’ careers; joint venture agreements in which parties share financial and creative responsibility; distribution and licensing agreements whereby finished goods are brought to the marketplace; agreements for the engagement of independent producers of recordings; and sales and licensing of entire catalogues of works, existing or yet unmade. Our clients in the record business range from all the major labels, which we represent from time-to-time, usually in sophisticated and unusual deals, to individuals and independent labels.

Music Publishing
Our firm’s dealings in music publishing include songwriter and single song acquisition agreements; contracts for the administration of publishing rights and allocation of income between publisher and writer; sale or licensing of song catalogues; and the licensing of individual songs for use in synchronization with audiovisual works, mechanical reproductions, public performance and print publishing. We are involved in all aspects of the music publishing business and our clients include composers, lyricists, music publishing companies and record companies, as well as entities reviewing, valuing and acquiring music publishing catalogues.

Other Music Areas
The "Music" heading includes the negotiation of agreements with artists’ managers and agents, partnership or shareholder agreements among band members, tour support agreements, provisions for the use or the protection of names and likenesses, soundtrack album agreements, and cast album agreements, agreements with performance venues and other arrangements for live musical events. We also advise music producers and labels with respect to copyright, defamation and rights of privacy issues that arise particularly in connection with music lyrics, album cover designs, and music videos.

See also:
Copyright | Defamation | Licensing | Merchandising & Celebrity Endorsements | Motion Pictures | New/Digital Media | Performing Arts | Privacy & Publicity Rights | Purchase of Entertainment Companies or Catalogues | Television


Music News & Articles:
Jun 25, 2010
Clearance Issues For Performing Arts Web Sites
Articles
Websites can include a digital buffet of audio and video content, photos, artwork, biographical sketches, analyses of the works presented -- and more -- that will enhance the online experience, increase consumer awareness and better entice visitors to fill their seats.
     
Mar 1, 2010
Eric S. Brown Addressing Authors' Rights at ABA
Firm News
Author-related business and legal issues in motion picture deals to be covered
     
Jan 29, 2010
R. Schwartz and N. Rosini Speak at Opera America
Firm News
Discussion of copyright, privacy, underlying rights arrangements and websites
     
Jan 11, 2010
Talk Scheduled: IP in Day of FaceBook & YouTube
Firm News
Neil Rosini to discuss the legality of the commonplace.
     
Oct 14, 2009
Matt Lefferts Speaks at NATAS
Firm News
Lecture focuses on controlling distribution of content on the internet.
     
Oct 5, 2009
Nick Gordon Speaking at CMJ Music/Film Festival
Firm News
What can the film industry learn from peer to peer use of recorded music?
     
Aug 1, 2009
FWRV Maintains Top Ranking in Entertainment Law
Firm News
Chambers USA again names Franklin Weinrib one of New York's four top-ranking media and entertainment firms working in film, music, television and theater
     
Apr 24, 2009
Examining the Parody/Satire Distinction
Articles
A parody of "When You Wish Upon A Star," characterized as "crass and offensive," defeats a copyright claim through the fair use defense.
     
Oct 30, 2008
Partners Present Television Retrospective
Firm News
Seminar by Rose Schwartz and Ken Weinrib covers seven decades of TV evolution
     
Aug 22, 2008
The "360 Agreement" Emerges in the Music Business
Articles
There is much to learn for artists’ representatives and for record companies as they gain experience with this new business model
     
Jul 29, 2008
Neil Rosini Discusses Parody Law
Firm News
Fair use seminar is presented to agents’ association
     
Jan 15, 2008
Rose Schwartz and Nick Gordon Teach at NYU Law
Firm News
Adjunct professors begin 21st year of entertainment law seminar
     
Jul 24, 2007
FWRV Maintains Top Ranking in Entertainment Law
Firm News
2007 Chambers USA names Franklin Weinrib one of New York's four top-ranking media and entertainment firms working in theater, film, television and music.
     
Apr 26, 2007
Cablevision Decision Spotlights Digital Issues
Articles
Case holds that remote storage DVR service infringes rights of owners of tv programs; also finds buffer copies to be infringing
     
Apr 10, 2007
Neil Rosini Speaks to Orchestra Librarians
Firm News
Chicago Conference to Cover "Our Digital Future"
     
Nov 27, 2006
Nick Gordon Presents Bar Association Seminar
Firm News
Program on negotiation of music publishing deals
     
Nov 21, 2006
Rip Beyman Authors Chapter on Game Development
Firm News
New book helps game developers acquire rights in films, tv, music for use in games
     
Nov 3, 2006
Neil Rosini Speaks at CMJ and NAB Conferences
Firm News
Moderates copyright discussion and speaks on legal aspects of podcasting at Podcasting Summit
     
Aug 25, 2006
Steinbeck Case Illustrates Termination Issues
Articles
U.S. copyright law gives authors and their heirs the right to terminate certain grants, but legal and business hurdles demand attention -- as illustrated by a case involving "The Grapes of Wrath" and other works by John Steinbeck
     
Apr 23, 2006
Neil Rosini Speaks at Broadcasters Conference
Firm News
Presentation to NAB on "Licensing and Copyright Laws for Podcasting"
     
Feb 24, 2006
The Role of Most Favored Nations Clauses
Articles
Overview of "Most Favored Nations" Clauses in Entertainment Agreements
     
Jan 1, 2006
Clearing Music Copyrights - All of Them
Articles
Part I: © Versus
     
Dec 23, 2005
Ring Tone Revenues Foster Copyright Detente
Articles
Revenue Claimants Make Peace, Not War
     
Nov 1, 2005
Copyright and Business
Firm News
Aspects of Music and Ringtones
     
Sep 23, 2005
Former Bodyguard of Madonna
Articles
Not Defamed by Erroneous Photo Caption
     
Jul 22, 2005
Ashanti's Motion For Summary Judgment
Articles
Summary Judgment In Breach Of Contract Suit Is Denied
     
Jan 1, 2005
P2P Distribution
Articles
Grokster and the Balance Of Interests
     
Jan 1, 2005
Acquiring Music Composition Rights For Stage Plays
Articles
Incorporate pre-existing musical compositions into new stage productions
     
Oct 22, 2004
Compulsory License Provision
Articles
Court Strictly Construes Time Limits In Compulsory License Provision
     
Feb 27, 2004
Connie Francis Recordings
Articles
Court Upholds Issuance of Synchronization Licenses of Recordings by Connie Francis
     
Jan 23, 2004
Eminem Not Liable
Articles
Eminem Not Liable for Substantially True Lyrics
     
Aug 22, 2003
Use by Hip-Hop Artist
Articles
Use by Hip-Hop Artist of "Wonderful World" in Rap Song Held to Be Fair Use
     
Feb 28, 2003
Addendum to Contract Constitutes a "Writing"
Articles
Addendum to Contract Constitutes a "Writing" Under Copyright Act
     
Apr 26, 2002
Record Distributor Held Liable
Articles
Record Distributor Held Liable for Infringement Without Establishing Producer's Liability
     
Feb 22, 2002
"Ethics for the Entertainment Lawyer"
Articles
Panel Discusses "Ethics for the Entertainment Lawyer"
     
Dec 1, 2001
Summary of the Ninth Circuit's Decision
Articles
Napster Case and the Modified District Court Injunction
     
Oct 26, 2001
Registration of Derivative Work Prerequisite
Articles
Registration of Derivative Work Held to be Prerequisite of Copyright Infringement Suit
     
Feb 23, 2001
NAPSTER Nipped
Articles
NAPSTER Nipped by Ninth Circuit
     
Jan 20, 2001
Sonny Bono Copyright Extension Act
Articles
Summary of the Sonny Bono Copyright Extension Act and the Fairness in Music Licensing Act of 1998
     
Jan 1, 2000
Outline & Summary of the Digital Performance Right
Articles
In Sound Recordings Act of 1995 as Amended by the Digital Millennium Copyright Act of 1998 -- --creates a public performance right in sound recordings limited to certain digital transmissions and a compulsory license for digital phonorecord delivery
     
Dec 30, 1999
At the Millennium
Articles
At the Millennium
     
Apr 23, 1999
"Girl From Ipanema"
Articles
"The Girl From Ipanema" Claims Dismissed