Creating a Business To Protect Your Music and Rights

When it comes to music, most people actually overlook the process of recording and producing quality music as they haven’t fully dedicated themselves to it. This is sometimes the case scenario for many individuals until they have hit it big and their music gets reception and then at that time it’s too late and they lose out on making money from their talent. To avoid these unfortunate scenarios it’s important to actually start a music business and involve lawyers in the process to ensure complete legality of everything you write and produce

How to go about it

In the event that one actually decides to go all out on producing music and nurturing their own talent or those of others, some elements have to be taken in consideration. Since 1973, the copyright music organization made it easier for one to actually get the copyrights of a song automatically when it is down on paper, soft or hard copy. This made it easier for individuals to claim the rights of a song. However loopholes emerge when it gets to actually getting compensated for infringement of rights if actually it isn’t registered by the relative authorities. To get the best out of it, a lawyer is helpful in helping one decide what kind of rights they want to their song to have. These rights include

• Making copies or duplicates

• Right to distribute music

• Prepare derivative work

• Rights to perform song publicly

• Display product publicly

• Performance via digital networks

How lawyers fit

When it comes to music the whole process of copyrighting song writing and publications has been made straight forward and thus there is little and no use for the services of a lawyers. This however is in the case where one is dealing with their own complete business and thus getting rights is easily. When dealing with third party marketers, bands or producers however the case is entirely different and thus the need of a lawyer to ensure that in the end the rights to a song are upheld and the sharing of royalties is accorded based on previous agreement. This is also the case when an individual wants to actually sell the third party produces. This ensures that one gets to actually have fair compensation and that the agreed terms come to pay.


One of the major benefits of actually lawyers in music business is when dealing with royalties. Lawyers ensure that the agreements are within the legal framework and when it comes to sharing the rights of a song with other songwriters or band members in the construction of the chords of a song. This is helpful in cases of infringement of rights and the likes and thus lawyers prove to be extremely helpful in the music business when dealing with damages compensation.

Another major benefit of involving lawyers in the music business is the fact that when it comes to courts and the likes, one has the backing of legal avenues to get compensation or to avoid being sued. as ignorance is no defense in court system. Derivative work infringement of either your doing or another is treated with utmost seriousness. This means that no short sample of song can be made without legal risks, hence shielding one from legal grief.

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Benefits Of Hiring Lawyers To Establish Your Copyrights

A copyright lawyer protects and guards your unique ideas, contents or materials against being used by another people. In case one wants to make ownership of an idea or materials, copyright is the only path to follow, copyright lawyers assists you in the entire process likes defends the clients against allegations and assists in resolving the disputes. The copyright lawyer handles several things like license registration, contracts, offer advice on copyrights and its registrations.


Ensures all things are done on the right way – having a copyright lawyer it means that all your issues pertaining infringements are taken care of and the lawyer is at your disposal, all the time you reach out your lawyer for any questions or advice.

Lawyer assists in developing policies and procedure – A lawyer help in creating/developing good and structural policies and procedures to protect your product/ideas.

Gives you confidence that your Ideas/materials are safe and intact – this reassures clients that his/her work is not being used for any profit able business with outs clients consent

Getting good and clear legal advice pertaining copyrights and also advises the procedure/ steps to follow in case of any infringements.

A lawyer reassures clients that all legal challenges/ handles faced out are effectively and accurately addressed immediately without any hustle or delays.

Helps to draw contracts – depending on the nature of the work or materials, lawyers are very useful in drawing contracts/ agreements between the parties involved.

Defending clients – in most cases clients faces many challenges and problems with others, so lawyers are more useful to stand in on behalf of clients and offer a good legal defense.

Steps of acquiring a copy right lawyer

Understands the actual areas that you wants a lawyer to attend and do. Make a list of issues that your business will benefit from acquiring a lawyer.

Get advices /recommendations or referrals from your colleagues – this helps you identify the correct lawyer. Use your colleagues in the same industry or business to help you identify the competent law firms or individuals who are able to suit your case.

Meet a lawyer and have one on one interview – this will help you know if the attorney to be hired whether will be good enough to protect your interests. Understands their skills and experience

Agree on terms, conditions and the costs

Sign an agreement and finally hire a lawyer.


Evaluate your problems and ask yourself if you need a lawyer. – are you able to solve your own problems?

Identify the good lawyer suited for your business/ideas, this is through interviews and referrals

Read legal agreements and contracts carefully and understand all the phrases well, need be lets you be guided by an expert.

Ensure that you clearly understand terms and conditions and more important the costs and payments procedures.

Ensure that all the services rendered by your lawyer are beneficial and warrants a pay.

Periodically evaluate your lawyer.


Hiring a copyright lawyer may seem to be expensive but in returns your products/business is safe and saves you a lot of time and costs in the long run.

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How Business Lawyers Defend Copyright Laws

Copyright law in any jurisdiction refers to legal rights of a design or publication created by the first party, in the event that the same name, design, and or product is used by a third party, it becomes a violation of rights of the original creator. The original creator of a certain product has got a legal right to patent it, once a product whether tangible or in the form of a service and name is patented nobody else can use it. It can only be used by another party by prior permission from the original owner. The most affected category of such products fall in music and or publication.

Here are some vital steps how business lawyers can defend copyright laws:

1) Independent Creation of the Said Product:

The very argument in case touching on the copyright law is that the product is initially created by you, the augment would follow this manner or pattern ” you can say that, I didn’t copy or imitate your work, but I personally created it from my skills and creativity. That type of argument will require a proper proof from the defendant that, he created the work originally without copying it from the complainant or plaintiff. The only possible way that the defender can prove this, is by bringing an original copyright registration or license.

2) Public Domain Copyright Law Suit Fair Use:

The other concrete argument that a defender can raise in such a law suit is that the work squarely fall under public usage, it can be argued that it fall under fair use. That means the kind of work can be exceptionally used without infringing the original owners right, hence acceptable for use in public interest. It’s accepted under not for profit or not for copying usage on other persons work, the category of fair use are;
a) Criticism.
b) Comment.
c) News Reporting.
d) Educational Purposes.
e) Scholarship.
f) Research.

3) Expired Copyright Case:

An expired copyright case is when the created work’s copyright had expired; the other public domain usage is also when the said copyright was a government creation. The government created copyright can be used by the public; hence, there is no offense in such a usage. The above categories in number 2) also can be used fairly by the public.

4) Lawsuit Copyright Limitation Statute:

Like in any civil case or en suite, the prosecution of such a case can only be viable within the bracket of three years period. If for instance, the owner of the copyright wrote you a letter of warning in the last three years, that case is only valid within the three years period. Once the time has elapsed, it’s deemed not to be valid or rather that period has expired.

5) Authorized Use In Copyright Lawsuits:

It’s better to copy someone work with a prior permission, since if you have copied the formers work after their written consent then you are not committing any copyright infringement offense. So once you are granted a written consent permitting you to use the persons’ work, then you are then free to use it without intimidation or fear of being sued. In many cases owners of such work will be happy for that step, hence allow for the reuse of the work.

Ignorance about Copyright Infringement:

This is a rare law since being innocent can be used as a defense mechanism in copyright laws; you can also defend yourself by saying that you didn’t know whether that was someone else work. Or simply a defender will say that he doesn’t know whether using someone else work is an offense.

The above points are some of the ways and tips how business lawyers can defend copyright laws, this case is for a defendant and not the plaintiff.

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How Lawyers Can Defend Against Music Websites & Downloads

Persons who commit crime over the internet usually think they can comfortably go away with it simply because they think their identities are concealed or rather they can stay anonymous without anyone really bothering prosecuting them. But the enactment of both state and federal laws to follow through crimes committed over the internet like internet fraud, phishing, illegal/child pornography and illegal downloading ,prosecuting of individuals accused of such crimes isn’t taken lightly anymore. However, anyone convicted for downloading music or movies illegally can seek a defense attorney to defend him or her in court. Here are tips that can help anyone summoned by a federal or state court to attend to a case stating he or she is charged with illegally downloading copyrighted music or movie content:

Finding an Experienced Attorney

When convicted with crimes relating to copyright infringement most people do not really understand what internet laws as well as state laws are regarding illegal downloads. As such getting an experienced lawyer familiar with internet crimes as a defense attorney can be the most reasonable way to go about the filed case. Such an attorney might have dealt with a many cases of such a manner and understand what it takes to get one through the lawsuit process without the defendant losing much on the case.

Court Jurisdiction over the Defendant

While a court might issue a subpoena ordering a defendant to appear in court, there might be a possibility that the court issuing the order has no jurisdiction over the person. Since, where the lawsuit of such a case saw filed is located in a place different from your location boundaries, you can have the advantage of choosing not to obey the court order because the court has no legal authority to summon you.

Ascertain Copyright Infringement where Other People Used Your Internet Connection

One might be sued for downloading copyrighted content yet the person might not be the one who committed the crime. There are cases where some people use other people’s internet connection to download illegal content which displays the IP address of the original owner of the computer and the copyright owner might use the IP address as a basis of lawsuit against the defendant. In such cases, it might be necessary for the defendant to make it clear to the court in order to avoid carrying other people’s burdens.

How Can Copyright Lawyers Defend The Accused Of Illegally Downloading Copyrighted Content?

As already discussed above, the most convenient way to go when faced with a copyright infringement lawsuit, is seeking an experienced copyright attorney. But how do lawyers defend against music copyright owners? Here are steps on how they go about it:

1. Analyzing the Circumstances and Legal Options Surrounding the Case

Before going to court to defend the accused, a copyright lawyer will seek to know the circumstances that led to the infringement of the copyright, the severity of the infringement, the legal options that can be taken and the possible defenses. This is how the copyright defense lawyers establish the basis of defense for the copyright lawsuit in court.

2. Understanding the Copyright Infringement Law

After analyzing the particular circumstances that led to the infringement, the legal options available and the legal defenses that can be explored, the defense lawyer will seek to understand what the copyright federal and state law says about the particular infringement of the copyright.

3. Exploring the Possible Technology and Defenses Regarding Illegal Movie Download

In order for a defense lawyer to provide a tough defense for the client, understanding the technology and defense cases about movie downloads can provide an ideal platform for producing a concrete argument in court. For example, in BitTorrent cases one cannot be liable for downloading unauthorized content when the copyright holder is the very person who made the copyrighted material available in the BitTorrent software.

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