Legal Aspects of Starting a Band

If you have musical talent and a love for performance, then perhaps you are considering starting a band. You’ve been thinking about how you’re going to afford a snazzy drum set and an electric guitar, and you’ve been arguing with your friends over who will get to play bass. Not only that, but you have the distinct pleasure of choosing a name for your band – should it be Accidental Pig Sodomy or Fifty-Foot Intestine?

Along with those hair-raising decisions, however, you should also be thinking about the legal aspects of starting a band. Yes, there are portions of the law that both protect musical bands and regulate them as well. So tuck your drum sticks in your back pocket for a moment, and examine the law before getting your first gig.

Legal Aspects of Starting a Band: Merchandising

If you are under the delusion that ticket sales for your gigs are going to pay the rent, think again. Most musicians cover the bills through aggressive merchandising, which should play a part in each of your concerts. Find a company that produces t-shirts, hats, scarves, bumper stickers, coasters, office supplies, mugs and other merchandise and can place your band’s insignia on each. That will be your ticket to making enough money to keep the band going.

Legal Aspects of Starting a Band: Find a Manager

Unless one of the band managers has an M.B.A., it might be a good idea to hire a manager. There’s more to starting a band than offending your audience and assailing their ears; you also have to exercise good business sense. Find someone who can handle the taxes, the auditions, the record signings, and everything else that goes with band management.

Legal Aspects of Starting a Band: Work Out a Contract

If you knew how many band members sue each other for copyrights to songs and portions of the profits, you’d turn tail and run away from the prospect of ever starting a band. You might just be practicing in your Mom’s basement with three of your bestest friends now, but put your agreements in writing so they can never be disputed.

Legal Aspects of Starting a Band: Register

Even though your songs are protected as soon as they are written down or recorded, you still should protect yourself. Register your songs with the U.S. Copyright Office so no one can steal your melody.

Legal Aspects of Starting a Band: Be Careful Who You Sign With

Many bands go under not because of the members or management, but because of the companies with which they sign. Thousands of indie bands went under in the eighties because of one company – Rough Trade – which went bankrupt in 1990. Be careful who you choose to market and record your music.