1. Organize as a formal legal entity such as a corporation or limited liability company. There will be a one-time set-up cost, but the protection of the personal liability shield is worth it.
2. If you cannot do the above, at least draft and sign a partnership agreement; it does not have to be anything complex. But you can agree on issues like songwriting credit and name ownership. Most music law books will have form agreements you can use. It does not have to be filed with the secretary of state so you will save yourself a filing fee. Once signed by all band members, it is a legally enforceable document. It will make dealing with departing band members a lot easier.
3. Go to www.uspto.gov and do a basic trademark search. Type in your band name and see if anything comes up as being registered by another band. If a same or similar name appears, don’t panic yet. Click on “Tarr Status” in the upper-left corner. You can view, among other things, the date of first use by the applicant. If the date is before the date you first used your band name, don’t get too attached to your name. It is free and will allow you to view the contact information of the owner.
4. If you hire an attorney, designate one person in your band to be the primary contact person with your lawyer. Most of my band clients already do this. It facilitates continuity if your attorney has a designated contact person to communicate with. And if you are being charged by the hour, it will save you money.
5. Be wary of having the same person serve as your attorney and manager. A manager’s role is to provide advice and guidance in order to advance your career. Your attorney’s role is to be an advocate for you and protect your legal interests. The dual roles of a manager and attorney can sometimes conflict. A manager works off commission and the more you work, the more the manager earns. A situation can arise where signing a contract, or committing yourself to an obligation, may earn a nice commission for the manager, but have adverse legal consequences for you. It is wiser to have someone in the separate role of an attorney to advise you in those situations.
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The information in this column is for general information purposes only. It is not intended to provide advice regarding a specific legal situation. Legal advice can only be provided after consultation with a specific attorney.
E-mail your questions to galen@riftmagazine.com
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