Music Law

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In the music industry, safeguarding copyrights and managing contracts—along with the relationships between artists, producers, and record labels—is essential.

At Arthur & Marin, our dedicated music law team is ready to offer legal support to artists, composers, managers, music publishers, and labels alike.

What is music law?

Music law is a specific area of intellectual property (IP) law that deals with the creation, protection, exploitation, and defense of musical works. It can be divided into several categories:

  • Copyright (lyrics and music)
  • Rights of performers and producers
  • Music contracts (recording, publishing, distribution)
  • Usage licenses (audiovisual, streaming)
  • Royalties and compensation
  • Resolving disputes among various parties in the industry

In essence, music law serves to protect everyone involved in the music scene from unauthorized use, plagiarism, or any other infringements.

what's the difference?

Copyright and related rights

While both copyright and related rights fall under the umbrella of intellectual property, they cover different aspects. This distinction is important for the management of musical industry. In the realm of music law, it’s essential to differentiate between the two.

Copyright safeguards the original intellectual creation—that is, the musical work itself: the melody, lyrics, composition, and arrangements. These rights automatically belong to the author or composer as soon as the work is created. They are termed “automatic” because formal registration isn’t necessary, although it’s highly advisable since it proves the authorship.

Related rights don’t protect the original work itself. Instead, they highlight the creative or technical contributions of those who perform, produce, or broadcast it. These rights are granted to performers, producers, and broadcasting organizations, acknowledging their role in delivering the work’s content to the public.

Practice areas and services in music law

Music law encompasses a set of legal rules designed to protect artistic creativity and govern contractual relationships within the music industry. At Arthur & Marin, we provide counsel in all areas of music law and we define our strategies to the specific needs of artists, managers, record labels, and production companies

Music contracts are “the foundation that governs all professional relationships in the art world”. Proper drafting is important to prevent conflicts and clarifying the rights and responsibilities of all parties involved. At Arthur & Marin, we handle the drafting, review, and negotiation of various types of music contracts:

  • Artist representation and management agreements, which establish the relationship between the artist and their manager.
  • Booking and live performance agreements, which define the financial, logistical, and image-related terms.
  • Music publishing agreements, which protect the copyrights of the works.
  • Recording contracts, with both independent labels and major companies.
  • Music licensing agreements, which permit the use of works in films, series, or advertising.
  • Merchandising agreements, for the artist’s brand and its commercial exploitation.

 

Copyright protection is the basis of music law. We advise artists, composers, and producers on registering, assigning, and defending their musical works against unauthorized use. Our services include:

  • Registering musical works with national and international bodies.
  • Managing and assigning rights, covering both non-exclusive and exclusive rights.
  • Protection against plagiarism or improper use of works.
  • Counsel on royalties and collective management, dealing with collection societies (SGAE, SABAM, SACEM, etc.).

Intellectual and industrial property in the music world goes beyond simply protecting copyrights. It also includes aspects like stage names, logos, identifiers, and licenses that form an artist’s or group’s identity. Here is what we offer:

  • Registration of trademarks and artist names with National and International Registry Offices.
  • Protection of trade dress and music branding.
  • License agreements for the use of image, logo, or brand.
  • Legal defense against trademark infringement and unfair trade practices.

With this protection, we ensure that the artist maintains control over their image and its commercial exploitation

Disputes in the music sphere can be quite varied, ranging from plagiarism and contract violations to disagreements over royalties and unauthorized use, among others. We offer:

  • Mediation and negotiations to reach out-of-court settlements.
  • Legal defense in cases of plagiarism or copyright infringement.
  • Conflict resolution for breach of music contracts.
  • Representation in court or before collection societies.

Our approach combines legal counsel with a deep knowledge of the artistic sector, all with a strategy focused on protecting our clients’ prestige

Taxation in the music world is an aspect that is often overlooked, but it is essential for avoiding penalties and maximizing income generated from artistic activity. We offer tax advisory services for musicians, authors, publishers, and music industry companies, which include:

  • Tax optimization for income from copyrights and royalties.
  • Advice on taxation related to international tour planning and managing performances in different countries.
  • Legal and tax structuring for music-related companies.
  • Compliance with tax obligations before national and EU authorities.

In this way, we help our clients protect their income and comply with the tax regulations in force in each jurisdiction.

Legal counsel for independent musicians

More musicians and creators are choosing to self-produce and distribute their work independently, all in the name of artistic freedom and taking charge of their careers. Our firm supports emerging artists and music professionals in safeguarding their creations, negotiating contracts, and managing their royalties with confidence. Early stages are essential on your career to ensure success.

If you’re a musician, DJ, composer, or producer looking to grasp your rights as an independent artist, don’t hesitate to reach out to us. We’re with you every step of the way, making sure your talent and hard work are always protected

Streaming, social media, and new forms of exploitation

Digital music law

The rise of platforms like Spotify, YouTube, TikTok, and Twitch has completely transformed the music industry. Nowadays, the way we distribute and promote music happens in a digital landscape, bringing along challenges for artists, producers, and record labels.

Digital music law encompasses all the legal matters tied to the online use of musical works, from licensing to safeguarding against misuse.

Our mission is to guide our clients through the aspects of the digital world:

  • Licensing for streaming and monetizing musical content on digital platforms.
  • Protection against unauthorized use on social media and user-generated content (UGC) services.
  • Distribution and collection of digital royalties with complete transparency and traceability.
  • Integrating music into new tech environments, like video games, the metaverse, or NFTs.

Experts in International music law

When it comes to the world of music today, everything is interconnected. An artist might find themselves recording in Brussels, distributing their tracks from London, and performing live in Mexico City. This international landscape means that an international legal perspective is basic.

Having solid international music contracts is important to ensure your rights are safeguarded. We specialize in negotiating and drafting straightforward, fair agreements that align with the laws of each country, ensuring that royalties are managed properly and that jurisdictional issues are avoided.

Thanks to international treaties like the Berne Convention, the WIPO Copyright Treaty (WCT), and the TRIPS Agreement, copyright and related rights are protected beyond their country of origin. Our team guides you on:

  • How to recognize and register copyrights in various countries.
  • Managing royalties internationally
  • Licensing and assigning rights across different jurisdictions.
  • Digital protection and online infringement claims.

This way, we make sure that our clients’ musical creations are safeguarded not just in Europe, but also across the Americas, Asia, and beyond.

When a song is shared or performed in multiple countries, the level of copyright protection can differ based on local laws. We assist in registering and protecting your musical works in various territories, ensuring that your international growth aligns with each country’s regulations.

Artists are not just focused on their music; they also care deeply about their image, name, and overall brand. We provide services to help register and protect trademarks and stage names, along with monitoring for any misuse on digital platforms and in other countries.

Artists are not just focused on their music; they also care deeply about their image, name, and overall brand. We provide services to help register and protect trademarks and stage names, along with monitoring for any misuse on digital platforms and in other countries.

With the increasing trend of collaborations between artists from different nations, it’s important to know how to draft international contracts effectively.

An International network supporting artists

Thanks to our partnerships with firms across Europe, the Americas, and Asia, we provide legal and tax support. This collaboration enables us to tackle cross-border disputes, fine-tune legal frameworks, and handle international rights and royalties in a way that fits each client’s global vision. At Arthur & Marin, we ensure coverage across various jurisdictions.

Arthur & Marin: A leading firm in music law

Arthur & Marin is dedicated to music law with an international perspective. We stand by artists, producers, managers, and record labels at every step, delivering solutions that blend industry expertise with a personal touch.

Our team is well-versed in international music contracts, copyright management, brand protection, and negotiating licenses. We understand the intricacies of the music landscape, offering guidance that safeguards both the spirit and the financial interests of our clients.

With our extensive international network of partner firms in Europe, the Americas, and Asia, we handle royalties, disputes, and musical works across different jurisdictions. We are here to support artists and professionals in the music and cultural sectors, no matter where their music is played. 

Contáctanos

info@arthurmarin.com

Llámanos

+32 465 34 53 45

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