Music permeates our day to day lives. From our iPods and iPads, to elevators and trains, to the more obvious venues such as radio stations and bars, music has so seeped into the consciousness of contemporary society that it has become hard to imagine a life without it. As with any other crucial element in society, however, music in modern civilization has also been regulated by the long arm of the law. So much so that conflicts and controversies so often arise within the legal dimension of musical endeavor. In recent memory, much of the headlines in popular magazines have been devoted to these controversies. From Taylor Swift to Metallica, these legal conflicts permeate genres, musical styles, and artistic sentimentalities to govern the different implications of a particular action. In this regard, particular facets of the law are more significant than others in the music industry. For one, copyright law is visibly intertwined with this realm, since authors and performers of particular songs are almost always concerned with intellectual property. In particular, the processes by which copyright is enforced and formed in UK law is important in this regard. Another facet of the legal sphere that is pertinent to the music industry is the contract. A specific aspect in this case is the negotiation of a contract between an artist and his record label. Finally, royalties are also intertwined with the music business. Although intimately connected with copyright law, royalties for performances are also important as a separate entity since it is, perhaps, one of the main sources of funds for the artist, rather than a particular songwriter.
In a literal sense, the meaning of “copyright” is the permission of one party to copy the work of another party – the “right to copy” (Stim 135). The owner of a song grants permission to use it and copyright law grants the owner to sue anyone who uses the song without his or her permission. This is right is exactly what the Dominican singer Ramon Arias Vazquez enforced upon Colombian international pop sensation Shakira when he sued the latter for infringing on the copyright of his song “El Cata” (BBC News). A United States court has ruled that Shakira’s song “Loca”, released as a single in the United Kingdom, broke copyright laws when it was copied off of “El Cata”. Shakira is thus guilty of copyright infringement and she must pay damages.
In any survey of UK law, it must be considered that there are a multitude of options that are made available to both plaintiff and defendant in a copyright infringement case. The members of the music industry must thus be intimately informed of these options for them to protect their rights and uphold what they believe is due to them in the realm of entertainment and art.
Contracts: Offers and Counter-Offers
Besides copyright, contract law is also an important facet within the music business since various entities form agreements with each other in order to fulfill certain obligations and enforce rights intertwined with such obligations. Although it is commonly held that it is written in form, contracts may be formed orally, and even be made by conduct, as is often the case in auctions. Modern contracts do not lay particular emphasis on its form, but rather on whether it is an agreement made between two parties , by which they are both bound, and which if necessary can be enforced in the courts (Turner 2). In a recent article by Ed Christman and Andrew Hampp for Billboard.com, they’ve noted that pop superstars have increasingly been renewing shorter contract terms with large major labels such as RCA, Universal, and EMI. This is so because artists are now beginning to realize that publishing their music is not as large a source of income as touring, which they can handle with shorter contracts with smaller companies.
Regardless of the aforementioned industry trends, the basics of forming contracts remain consistent throughout the industry. Contract law is essentially concerned with bargains and negotiations that are made between parties. Thus, a contract is completed when both sides honor an agreement by carrying out their particular side of the bargain. It is a breach of contract when a party fails to do so. In this regard, music labels must first provide and offer to the artist for him or her to accept a contract. Certain rules govern offers. For one, the offer must be communicated to the offerree. In this regard, the artist certainly would not be given the chance to accept something of which he or she does not have any knowledge. Secondly, the terms of the offer must be certain. If the words of the offer are too vague, then the parties might not really know what they are contracting for and should not then be bound. Guidelines such as these provide guidance to both artists and labels in negotiating better terms for each party’s services. Contract law thus comes into play in the agreement between the two sides.
Royalties and Compensation
How to artists earn from their music? Do music labels give them monthly salaries? Or are they paid per song? Questions like these are answered by the very simple term of “royalties”. Although intimately intertwined with the discussion on copyright law, royalties deserve a discussion of their own, since it is a very important part of the music industry. The songwriter who owns a particular copyright to a song may sell the copyright to a music publisher in return for cash payments and continuing royalties. In this way, a song copyright is like other forms of property: it can be bought and sold. When there is more than one writer, there are special rules regarding dividing income and selling song copyrights.
Conclusion
Law serves an important role in any business, and the music industry is no different. There are a multitude of options for elements within the music industry to practice their craft, but the law is always there to regulate each and every movement, and ensure that no rights are trampled in the process.
Works Cited
Stim, Rich. Music Law: How to Run Your Band’s Business. California: NOLO, 2009. Print.
Turner, Chris. Contract Law. London: Hodder Education, 2007. Print.
