As a Florida Music Business Law lawyer and attorney, I receive many inquiries as to what entertainment law and music business law really is. Music business law is comprised of many different areas of law that apply to entertainment businesses and entities. Music Business law varies by state law due to the varying nature of business law, copyright law, trademark law, contract law, and labor law vary from state to state. The discussion below entails the some areas of law applicable to the Florida Music Business and what they affect the entertainment industry within the state.
Copyright Law- Copyright law plays a big part of the music business due to the nature of the goods sold within the industry. Music placed into a fixed form is copyrighted by nature, but this does not mean that a musician shouldn't register the copyright with the Federal government. Registering the copyright with the proper authorities puts the public on "notice" that you have a copyright interest in the music and you reserve those rights for yourself which will help you plead your case in the event that your copyright is violated. Additionally, split copyrights may occur if you are a member of a band and have written and recorded songs with your band members. Your band members may also have a copyright interest in the song.
Trademark Law- Your trademark is proof of your brand identity. Registering your trademark in your band name is an expensive, yet necessary, investment in your future success. Registering your trademark is important because, like copyright, it places the public on notice of your use of that band name and logo. Registering the trademark will allow you to file suit in the proper court in the event of another band using your band name.
Business Law- Florida has its own requirements for business entities. Florida law states the document filing requirements for the different business entities which may be chosen by individuals wishing to create an independent record label, production company, talent agency, etc.
There are many areas of Florida law applicable to the music business in Orlando and other cities throughout the state. The above information is not legal advice, but instead is a warning that you should consult a Florida entertainment attorney willing to guide you through the minefield of music law.
Copyright Law- Copyright law plays a big part of the music business due to the nature of the goods sold within the industry. Music placed into a fixed form is copyrighted by nature, but this does not mean that a musician shouldn't register the copyright with the Federal government. Registering the copyright with the proper authorities puts the public on "notice" that you have a copyright interest in the music and you reserve those rights for yourself which will help you plead your case in the event that your copyright is violated. Additionally, split copyrights may occur if you are a member of a band and have written and recorded songs with your band members. Your band members may also have a copyright interest in the song.
Trademark Law- Your trademark is proof of your brand identity. Registering your trademark in your band name is an expensive, yet necessary, investment in your future success. Registering your trademark is important because, like copyright, it places the public on notice of your use of that band name and logo. Registering the trademark will allow you to file suit in the proper court in the event of another band using your band name.
Business Law- Florida has its own requirements for business entities. Florida law states the document filing requirements for the different business entities which may be chosen by individuals wishing to create an independent record label, production company, talent agency, etc.
There are many areas of Florida law applicable to the music business in Orlando and other cities throughout the state. The above information is not legal advice, but instead is a warning that you should consult a Florida entertainment attorney willing to guide you through the minefield of music law.
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