Legal Question in Entertainment Law in Oklahoma
Copywrite release and/or contract for band web page
My husband and I are going to build a web site for a local band who has a potential of going big in the music business. The web site is owned by us and we are going to make money by selling their merchandise on-line. We only have verbal permission to use their name, their CD cover, their pictures, etc. How do we write a contract to give us permission to use their songs, pictures, etc., and cover ourselves as their primary merchandisers, even if they sign with a music label.
2 Answers from Attorneys
Re: Copywrite release and/or contract for band web page
You need to have an intellectual property lawyer write a license agreement that licenses you to do these things for a given set of intellectual properties (copyright, trademark, publicity rights, etc.), a certain territory, time and royalty (which might be simply the value of the website services you are planning to provide)and with suitable quality control provisions, liability provisions, enforcement provisions, and with termination provisions that protect your interests.
This is not something that I or any lawguru attorney will give you for free on lawguru. You need to find an experienced IP attorney to prepare this vital document for you. A few hundred dollars spent now will probably save you thousands in the long run if this band does make it as big as you seem to think they will.
Now for the blatant self promotion...I am a former Oklahoma resident (Duncan, OK) and am a very experienced (30 years) attorney and can do this for you or I can refer you to someone who is closer if you prefer. I represent both bands and website owners in similar deals right now.
Re: Copywrite release and/or contract for band web page
If a lawyer were to decide to do what you are doing and decided to write his own contract, Abraham Lincoln would have said, he had a fool for a client and an idiot for a lawyer, you, on the other hand, just have a fool for a client! Hire an attorney and get it done right!