Contracts/Recording Agreements

Contracts/Recording Agreements are legal binding written documents between a recording artist and a recording company or a production company.
The agreements are a collective of 'collection of rights', 'obligation', 'rules', and 'restrictions' for both of the parties.

The Music Industry depends on contracts. That is the one thing that gives the music industry some order.

“We need that (contractual) guarantee so that artists that are successful will continue making records for us, and we can reinvest those profits in new artists. It’s important that everyone respects the sanctity of the contracts, otherwise there would be chaos.” (Ellis.T, 1996)

Sometimes, artist signed the contracts themselves without any legal support. They were probably eager to strike a deal with a recording company, but with no legal knowledge, they are actually putting themselves at a disadvantage. Agreements and contracts will always be in favour of the recording companies instead of the artists.

Copyright and the legal aspect

The word 'copyright' literally means 'the right to copy'. Copyright is a bundle of rights, of which can be copyrighted separately and sold, assigned. leased, and/or licensed separately.
Copyright is what that is generating majority of the income in the music industry.

A quote which i found that fully described the theme copyright; "An Act for the Encouragement of Learning" - Statute of Anne of 1770

Copyright in Music covers all elements of a published item of printed music, including the composition, arrangement, edition, lyrics (and translation), editorial comments or markings and any images included in the music cover or the item itself.
The creator of the music: composer, lyricist or the artist are usually the initial copyright owners.
In addition, the copyright owners can assign, sell, lease or license the copyright to third party in various different cases.

There are 3 major copyrights collecting societies in Australia. Organisations like APRA, AMCOS & PPCA collect on behalf of copyright owner.
They are mainly national, non-government, non-profit organisation representing the interests of record labels and recording artists.

The present Australian copyright law comes from the Copyright Act, a Commonwealth statute, and from court decisions. The Copyright Act came into operation on 1 May 1969, and has been amended many times since then, most recently in December 2006. The current Copyright Act replaced an earlier Act, which was based on UK copyright law.

The government-appointed committee whose report led to the introduction of Australia's current Copyright Act said:

The primary end of the law on this subject is to give to the author of a creative work his just reward for the benefit he has bestowed on the community and also to encourage the making of further creative works.

In copyright law, the objective of encouraging the creation of new works is balanced by the objective of making material available for socially desirable purposes such as research and education.

References:
Richard Schulenberg, 2005, Watson-Guptill Publication. The Legal Aspects of the Music Industry.
http://www.copyright.org.au/information/purposes-sources/wp0013

About the Arts Law Centre of Australia

The Arts Law Centre of Australia is a non-profit national community legal centre for the arts established with the support of the Australia Council in 1983.
They provide services to over 5000 artists and arts organisations each year through providing specialised legal and business advice and referral services, professional development resources and advocacy for artists and arts organisations.

The Arts Law Centre of Australia gives advice and information on contracts, copyright, insurance, defamation, business structures, employment and taxation to artists and arts organisations in all sectors of the cultural industry.

In their website there are sample contracts drafted and produced by the Arts Law Centre of Australia with explanatory notes and sample wording for each clause.
They have been created to assist low income artists and arts organisations in drafting contracts suitable for their needs.

Entertainment Law tips by professional entertainment lawyer in LA

5 Entertainment tips by Richard B. Jefferson that i found on youtube.
Richard B. Jefferson is a partner at Fagerholm & Jefferson, a professional law corporation based in Los Angeles.
Fagerholm & Jefferson primarily serves as general counsel to small to medium-sized companies and works with the client to effectively handle its legal and business affairs. Many of its clients are entrepreneurs in dynamic industries such as entertainment, apparel, and technology.

I personally found these 5 videos to be rather helpful to aspiring artist, managers, entrepreneurs, or anyone who want some insights from an insider.

Entertainment Law Tip:
1)Indie Labels May Be Better For You Than A Major Deal
2)Getting Signed To A Major Record Label
3)Independent Companies Be Creative
4)Sample Clearances
5)Trademark Protection

What Is an Entertainment Lawyer?

Lawyers are required in many various industry.
In the Entertainment industry, lawyers are inevitable.
Entertainment lawyers provide practical and cost-effective commercial and legal services to individuals and businesses in film, television, music, radio and the emerging Internet and mobile entertainment industries.
Clients include artists, bands, producers, promoters, publishers, film directors, personalities, talent, performance writers, authors and illustrators, exhibitors, financiers and underwriters and merchandisers.

Entertainment & Media Law : What Is an Entertainment Lawyer?