Legal Question in Entertainment Law in California

Benefit Compilation CD Contracts

A am a co-founder of a teen run

organization that uses music as a

fundraising tool for charities. We

have had one compilation CD in the

past. On that record we simply had

verbal agreements with each of the

bands, but for our second we want to

have contracts with them. We are

trying to adapt contracts we've found

in music law books, but most of them

don't apply at all. We have a limited

budget, so we can't really afford too

much of a lawyer's time. My father

was a practicing lawyer 25 years ago,

but not in entertainment law. If he

reviewed our adapted contract from

music law books, would an

entertainment lawyer be able to edit

it? How much time would that take,

and at what cost? Would it be a

better idea to just have them start

from scratch?


Asked on 3/12/08, 9:33 am

1 Answer from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Benefit Compilation CD Contracts

Just hire someone to do it for you. It's likely to be more expensive to have an expert fix another non-expert lawyer's work.

This is not extraordinarily complicated. Legal fees shouldn't be too high if you do all the legwork of getting the artists, labels and publishers to agree prior to drafting the contracts.

Here's the deal. If a band is not signed to a record company, then the band can usually give all the permission you need for the recording. If there's a record label involved... THEY own the recording, and must give permission.

There's also the copyright in the compositions (songs), that has to be considered. Typically, the songwriter(s) own the copyright to the composition, unless they've signed a contract with a Music Publishing company.

So, you need to make sure you're getting ALL permissions you require.

Read more
Answered on 3/12/08, 12:55 pm


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