How Entertainment Contracts Protect Both Artists and Companies

FEB 01, 2023 | PRACTUS LLP

How Entertainment Contracts Protect Both Artists and Companies

Authored by Tim J. Billick 

Entertainment contracts are agreements between individuals or entities that govern the use of entertainment content and intellectual property. The purpose of these contracts is to protect the intellectual property of the creators and ensure that the terms of use are fair and reasonable. The contract outlines the terms and conditions of the relationship between two or multiple parties signing the contract. Because what constitutes intellectual property and what does not is usually extremely difficult to differentiate in the entertainment and creative space, both artists and companies are always advised to have a contract in place to protect their rights in case the relationship with counterparties goes awry.

Types of Entertainment Contracts

There are many different types of entertainment contracts.

  • Recording contract. This is the most common type of contract. A recording contract is an agreement between a record label and a recording artist. The contract outlines the terms of the relationship between the two parties. It is important to have a contract in place to protect both the label and the artist.
  • Management contracts. This is a contract between a manager and an artist. The contract outlines the terms of the relationship between the two parties. It is important to have a contract in place to protect both the manager and the artist
  • Performance contracts. A performance contract is a contract between a performer and a venue. The contract outlines the terms of the relationship between the two parties. It is important to have a contract in place to protect both the performer and the venue.
  • Licensing contracts. A licensing contract is a contract between a copyright holder and a licensee. The contract outlines the terms of the relationship between the two parties. It is important to have a contract in place to protect both the copyright holder and the licensee.

Types of Intellectual Property Entertainment Contracts Protect

Three main types of intellectual property are commonly protected by entertainment contracts:

  • Copyright. This is a form of protection that covers original works of authorship, such as books, movies, music, and artwork.
  • Trademark. Trademark is a form of protection that covers distinctive logos, names, and slogans used to identify businesses and their products or services.
  • Trade secrets. Trade secrets are confidential information, such as recipes, formulas, customer lists, and marketing plans, that are used to give businesses an advantage over their competitors.

When negotiating an entertainment contract, it is important to consider all three types of intellectual property and how they will be protected. For example, if you are licensing the rights to a copyrighted work, you will want to include provisions that define how the work can be used and who will have the right to use it. If you are licensing the use of a trademark, you will want to include provisions that define how the trademark can be used and how it will be protected from infringement. And if you are licensing the use of trade secrets, you will want to include provisions that define how the information can be used and how it will be protected from disclosure.

How We Can Help

When it comes to negotiating and drafting entertainment contracts, our law firm Practus has the experience and knowledge to get the job done right. We have represented clients in the entertainment industry for years and have a deep understanding of the ins and outs of these types of contracts.

Whether you’re an up-and-coming artist looking to sign your first record deal, or a seasoned veteran looking to renegotiate your existing contract, we can help. We’ll work with you to understand your goals and objectives, and then craft a contract that meets your needs.

We’re also experienced in handling disputes that may arise out of entertainment contracts. If you find yourself in a dispute with your label or management company, we can help you navigate the legal process and protect your interests.

If you need assistance with an entertainment contract, contact us today by calling (206) 844-6539 or using our convenient online form to send a message and schedule a consultation. We’ll be happy to answer your questions and help you achieve a successful outcome.

The Authors
Tim J. Billick 
Read Full Bio

This Practus, LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

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