Copyright Law: Primary legislation includes Copyright Act of 1976, Digital Millennium Copyright Act (DMCA), Music Modernization Act of 2018, and Sound Recording Act. These laws govern the protection and use of creative works.
Labor Laws: Federal Fair Labor Standards Act (FLSA) and state-specific labor laws regarding independent contractors vs. employees, including minimum wage requirements and worker classification guidelines.
Contract Law: State-specific contract laws, Statute of Frauds requirements, and Uniform Commercial Code (UCC) provisions that govern the formation and enforcement of contractual agreements.
Royalty and Payment Regulations: Internal Revenue Code provisions for royalty payments, AFM guidelines, and SoundExchange regulations for digital performance royalties, governing how payments must be structured and reported.
Union Considerations: SAG-AFTRA and American Federation of Musicians (AFM) regulations and guidelines that may affect the terms of the agreement and minimum payment requirements.
Intellectual Property Laws: Trademark laws, right of publicity laws, and state-specific intellectual property protections that affect the use and ownership of creative works.
Digital Distribution Laws: Digital Performance Right in Sound Recordings Act and streaming regulations that govern how content can be distributed and monetized in digital formats.
State Entertainment Laws: Specific entertainment industry regulations, particularly in states like California and New York, that may impose additional requirements on entertainment contracts.
Key Contract Components: Essential elements to address including work scope, compensation, royalty calculations, copyright ownership, credit attribution, term/termination, exclusivity, recording rights, digital distribution, and dispute resolution.
