Music Production Business

[c_lowson]

What is the name of your state? Texas (Austin)

I'm a music producer and wanting to set up a company to copyright my music to. I already registered the name but I'm unsure of where to go from here. I've been told I need to go through a $300 process to actually register the company or something like that.

A friend of mine who is also a producer sent me a copy of the contract he uses when artists buy beats (instrumental tracks he's produced) from him. He said I can just use his contract and change his name to mine, but he has all his work copyrighted in his own name and I'm wondering if the contract should be different if I'm copyrighting them to a company, or if I can just substitute my company's name for his name.

Thanks for the help.

 

[JETX]

I'm a music producer and wanting to set up a company to copyright my music to. I already registered the name but I'm unsure of where to go from here.

What did your attorney say when you contacted him/her??
Of course, the company DOES have an attorney, right?? You are in a very litigious industry... and really, REALLY need to pay the minimal cost of accurate LOCAL legal counsel.

 

[clueless3]

You don't need to "register the name" per se. You can simply file the Articles directly; that would register the name too. In Texas, the fee for registering the Articles is about $300. You can do all of this online at http://www.sos.state.tx.us/corp/index.shtml.

If you want a legal entity to hold the title to your "assets", the best one is the LLC. You can have the title to the assets in your personal name or in the name of the LLC; it's a personal choice. Many people do it in the name of their LLC for a number of reasons. One reason is that if you ever get sued personally, you stand to lose everything that is in your personal name. But if the assets are titled in the LLC's name, then they have to sue the LLC and try to collect from it: it's a much longer shot.

And yes, the contract can be the same; just substitute his name with your LLC's name.

 

[c_lowson]

Thanks, that helps a lot. All I'm wondering now is, if every time I make a beat, will I have to register it on that site? And when I send a contract I'll have a specific copyright number or something like that I'll need to include?

 

[clueless3]

No, that site is for registering the LEGAL ENTITY (eg, the LLC) with the State, NOT for titling of the assets.

Supposed you form an LLC called "Lowson Holding LLC" that is to hold title to your "assets". Now, instead of writing your personal name (say "Charlie Lowson") in contracts, you can use "Lowson Holding LLC" instead. It's simply a way for you NOT to use your personal name. Now you are "doing business as" "Lowson Holding LLC". You do not need to register each beat with the State; you can simply have the beat's owner as "Lowson Holding LLC". You can copyright your assets in the LLC's name too. For example, say you coined a phrase called "Love Me Tender". You can contact the US Patent and Copyright Office in DC to copyright that phrase, in your LLC's name.

 

[c_lowson]

So in the contracts, I would just print "Lowson Holding LLC" I wouldn't sign my name?

And would each beat automatically be under "Lowson Holding LLC" and I wouldn't have to go through a process for each one after it's made?

 

[clueless3]

OK, I can see that you're very new to this process and somewhat confused.

You use "Lowson Holding LLC" everywhere you formerly use your personal name, say "Charlie Lowson". For example, say you buy a motorcycle; you go to the DPS and register the "owner" as "Lowson Holding LLC", not "Charlie Lowson". When it comes time to SIGN any document, yes, you STILL need to sign "Charlie Lowson" as normal, BUT you must ALWAYS put the your title within the LLC, eg, "Charlie Lowson, Manager, Lowson Holding LLC" or simply "Charlie Lowson, Manager".

What kind of "process" do you normally go through when you have created a beat? Nothing is "automatic"; you must title each piece of property under the LLC's name individually, every time you create it. You do NOT have to register the LLC every time you create a new beat; your LLC simply needs to claim the OWNERSHIP of it after you have created it. How do normally claim ownership of a new beat?

Think of the LLC as a "holding company" that claims title to everything that you own, say cars, vacation homes, novels, whatever. You don't need one LLC for each piece of property; yes, you CAN if you want to, but not necessarily. Just register ONE LLC with the State, and claim title to your properties with the LLC's name.

Is that clear to you?

 

[c_lowson]

I understand that I only need one LLC, the thing that was confusing me was whether I actually needed to register each beat to it individually, or if it automatically claims ownership of everything I do.

I am new at this, I was working mainly with local artists and didn't even worry about copyrighted my material, until a few weeks ago when I started getting contacted by a lot of big names and record labels, so I decided I should go ahead and look into copyrights and a company. Sorry it's taking me a while to fully grasp everything, but I really appreciate all the help and advice you're giving me.

 

[clueless3]

I understand that I only need one LLC, the thing that was confusing me was whether I actually needed to register each beat to it individually, or if it automatically claims ownership of everything I do.

The LLC does not "automatically" claim ownership of everything you have or do. You MUST title each and everything into the LLC's name, every time you have acquired or created it.

I am new at this, I was working mainly with local artists and didn't even worry about copyrighted my material, until a few weeks ago when I started getting contacted by a lot of big names and record labels, so I decided I should go ahead and look into copyrights and a company.

"Ownership" and "Copyright" are not exactly the same thing.

You claim ownership of something by titling it into your personal name or the name of your LLC.

However, if you are truly serious about copyrighting it, then you should contact the US Patent & Trademark Office, http://www.uspto.gov, and register it there. It will cost you, but you're in the field where copyrighting something should be a high priority.

One note: If you have NEVER done any of the above (ie, registering the LLC's Articles with the State, copyrighting your creative work, etc.) then you should enlist the help of a professional, at least the first time you do it.

For filing the Articles with the State, a good source is a Resident Agent (look up the phone book). For copyrighting your creative work, go to the nearest Patent Library, http://www.uspto.gov/go/ptdl/ptdlib_1page3.html; they have a lot of people there who can help you.

 

[FlyingRon]

T
However, if you are truly serious about copyrighting it, then you should contact the US Patent & Trademark Office, http://www.uspto.gov, and register it there. It will cost you, but you're in the field where copyrighting something should be a high priority.

The USPTO has not one whit to do with copyright. Copyright is handled by the Library of Congress Copyright Office. http://www.copyright.gov

Your works are copyright at the point they are expressed in tangible form. You may further register them which gives you additional options in the event of infringement. All you need to do is list the corporation in the registration and if before or within 5 years of publication, it's official.

If you believe that you are holding copyright personally, it just takes a simple signed document stating the transfer to your corporation

One note: If you have NEVER done any of the above (ie, registering the LLC's Articles with the State, copyrighting your creative work, etc.) then you should enlist the help of a professional, at least the first time you do it.

Especially considering the information presented here is bogus.

 

[Formetooknow]

I'm very new as well. If you had a personnal judgement against you, wouldn't the filing reveal your personal ownership in the LLC? Your name on contracts and titles as well?

 

[clueless3]

If you had a personnal judgement against you, wouldn't the filing reveal your personal ownership in the LLC? Your name on contracts and titles as well?

First of all, for many states, your ownership within the LLC is not generally public knowledge. Yes, the MANAGER of the LLC is publicly filed, but the OWNERS are generally not filed with the Secretary of State. Yes, the IRS knows who the owners are (that's how they tax them). And yes, people can ASSUME that the manager is somehow related to the owners, but legally they have to prove that they are the same.

Secondly, EVEN IF they know that you are the owner of the LLC, so what? Who the owners are is not a SECRET! The key point is that the LLC is a SEPARATE LEGAL ENTITY from you. Let's say that your son drives your car and kills someone. They come back to sue you, personally. This has NOTHING to do with your LLC, even if they know that you own that LLC. If they win that lawsuit, they can get everything that you own, in your personal name (cars, boats, houses, stocks in corporations -- that's one reason why in some cases the Corp is less of a protector than the LLC). But they cannot get the LLC's assets UNLESS they sue the LLC and win. But then, the judge can throw the case out of court because there is no CAUSE OF ACTION.

Thirdly, EVEN IF they sue the LLC successfully, trying to COLLECT money from it is a long shot. They have to get a CHARGING ORDER. They have to pay TAXES on the winning judgement, EVEN IF they have not collected a cent from it. They can ONLY get money from the LLC when it DISTRIBUTES the money to the owners. But what if the money NEVER gets distributed?? They will get zip.