Intellectual Property Lawyers l Digital Media Solicitors
Specialist Intellectual Property and Digital Media Legal Advice

Blog For Empowering Creatives: IP and Digital Media Lawyers Insights

PAIL Solicitors IP and Digital Media Blog

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When I think of Frank Sinatra's "My Way," I see a connection to the main ideas behind intellectual property law. "My Way" embodies personal expression and an individual's journey through life, which parallels the concept of the ideas-expressions dichotomy in copyright law. It echoes the principle that music, literature, or art can be copyrighted while allowing others to explore the same ideas without infringing upon that particular expression. Sinatra's anthem also celebrates uniqueness, which is reflected in the definitions of all of the varying types of intellectual property.

The Purpose of This Blog

The articles on this blog are all written, reviewed, and edited by me, Mr Peter Adediran, the Digital Media and Intellectual Property Solicitor at PAIL Solicitors. They are intended to empower the new generation of business executives, professionals, business owners and creatives who want to keep up with intellectual property, digital media and entertainment law in the digital age. Most importantly, empower the community of creatives who want to create works "their way". In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges start-ups, business owners, professionals, business executives, creatives, writers and talent face in protecting their intellectual property and navigating legal complexities. By reading this blog and engaging us as your legal representatives you can safeguard yours and your company's reputations, make informed financial decisions, and confidently expand into new markets by focusing on continuous learning and expertise in these areas.

This blog contains articles on the following themes:

  • Advice on Protecting Digital Content

Encouragement to Stay Informed and Protected

For creatives and businesses alike, staying informed about legal issues surrounding intellectual property is critical. Knowledge is a powerful tool for safeguarding one’s work from infringement or misuse. We encourage individuals to engage with our resources, participate in discussions, and keep abreast of developments in IP law. 

Music Publishing

 

Music Publishing Lawyers

As Music Publishing Lawyers we represent both songwriters, and music publishers.
 
To understand how it all works the following is a typical scenario for music publishing lawyers.
 
Meenie, Miney and Mo are songwriters professionally known as the Head-bangers (HB). Beakless Woodpecker UK Limited (BWL) is a music publisher based in Notting Hill Gate London W11. BWL wants HB to supply them exclusively with a number of previously unreleased songs.
 
In return for HB fulfilling their obligations under the publishing agreement, including assigning their rights in the songs to BWL, HB & BWL will earn the following royalties and fees.
 
Sheet Music Royalties
These are a percentage of the recommended retail selling price (after deduction of taxes) generated from the sale of each sheet music published and sold by BWL. This is not a huge money spinner.
 
Mechanical Royalties
Paid by record company to make copies of the sound recording. The mechanicals are recouped against the advance received by BWL.
 
Synchronisation Fees
A percentage of all monies (other than HBs’ share of performance income) actually received by BWL relating to the exploitation of the songs after deducting PRS fees, VAT and other expenses, through synchronisation with TV, Film, Adverts, Internet and any other visual images.
 
Cover
In the event that another artist wants to record their own version of one of HBs’ songs then that artist will need to secure a mechanical license from BWL. A percentage of the receipts relating to the Cover shall be payable to HB.
 
Performing Fees
HB and BWL will split the fees relating to the public performance of the song distributed by PRS 50:50. If HB are not members of PRS then BWL collects the fees from PRS and pays HB.
 
General Fees and Uses
Any other fees and uses which doesn’t fit in to the above categories.
 
There are other revenue issues including royalty calculation, taxation, royalty accounts and advances which all impact on revenue but are outside the scope of this article. It is advisable to seek legal advice when preparing or signing any music contract.

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston