Can a record label also be a music publisher?

[auksmart]

What is the name of your state? Alberta (This is a general question that is probably not state/province specific).

I am in the process of starting an independent record label. We have a lot of talent, some of which have signed contracts with us. Due to a limited budget we have very little legal assistance.

In our contracts, the artists sign over their mechanical and publishing rights to us.

Recently it was mentioned to me that a Record Label could not also be a Publishing Company. Is this correct?

Also, if this is correct, and my partners also started a Publishing Company, would it be a conflict of interest if the artists are signed to both of our companies?

Thanks, and advice would be great!

Andrew

 

[HomeGuru]

What is the name of your state? Alberta (This is a general question that is probably not state/province specific).

I am in the process of starting an independent record label. We have a lot of talent, some of which have signed contracts with us. Due to a limited budget we have very little legal assistance.

In our contracts, the artists sign over their mechanical and publishing rights to us.

Recently it was mentioned to me that a Record Label could not also be a Publishing Company. Is this correct?

Also, if this is correct, and my partners also started a Publishing Company, would it be a conflict of interest if the artists are signed to both of our companies?

Thanks, and advice would be great!

Andrew

**A: the last time I checked, Alberta was not a state of the US.

 

[auksmart]

Good eye. Our artists are in the US.

 

[hexeliebe]

Still doesn't matter, since the company is based in Canada. The laws of the state, country where the company is based rule any contracts and/or litigation matters.

 

[auksmart]

Since I will be dealing with a US company for royalty collection, I would just like to be on par with US law.

I don't see what being in a different country has to do with someone answering the question based on a "what if" scenario.

 

[hexeliebe]

What if I put a gun to someone's head and pulled the trigger? Is this murder?

Depends. and that's the point. Not only are you dealing with differing laws between the U.S. and Canada, but also international copyright treaties, trade treaties and other tenants of internaltional law.

Just because you may want to be on the right side of the U.S. law the laws of Canada are what you WILL be held to, even if you are following the U.S. law and Canada law is different.

and That's the point.

 

[I AM ALWAYS LIABLE]

My response:

Why is it that, despite the fact that our instructions clearly state, "U.S. LAW ONLY", Canadians are the only foreigners who appear to not be able to understand the English language? Our instructions are simple and clear, and despite the fact that the question "What is your State name?" is asked on each new thread, they just don't seem to "get it."

We don't have any other foreign nation writers coming here. If they do, they abide by our rules, realize their mistake, and move on.

What is it with these Canadians?

Could it be that their country name really is "Cana-duh" ?

IAAL

 

[HomeGuru]

Duh!

Doh!

 

[auksmart]

Seriously, do you think I really care about your opinion on Canada.

I am just interested what the US law is on this issue. If you do not know, why waste my time, I simply don't care.

 

[I AM ALWAYS LIABLE]

Seriously, do you think I really care about your opinion on Canada.

I am just interested what the US law is on this issue. If you do not know, why waste my time, I simply don't care.

My response:

Okay, let me explain this to you . . .

We're not going to "waste" our time with you conducting research of an issue, using American law, that will be of no use to you in Canada. So, if you can't use the information we give you, why would we waste our time - - just because you're insisting that we do it anyway?

Surely, there must be a Canadian legal site that you can use.

IAAL