IP and music agreements for artists and songwriters

Produced in partnership with John Groom of Baker McKenzie and Alex Willis of Baker McKenzie
Practice notes

IP and music agreements for artists and songwriters

Produced in partnership with John Groom of Baker McKenzie and Alex Willis of Baker McKenzie

Practice notes
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This Practice Note considers intellectual property (IP) rights in the context of certain artist/songwriter-focused music agreements. In particular, the Practice Note outlines the various rights that subsist in a song and considers how these can be exploited. Issues relating to brand protection and image rights for musical artists are also considered.

IP and other rights relevant in the music industry

copyright subsisting in music

Copyright forms the basis on which songs and other musical works can be licensed and commercially exploited.

It is important to recognise that there are different types of copyright. Provided that the originality threshold is met, and the song has been recorded in material form:

  1. copyright will subsist in the musical composition (or score) as a musical work

  2. the lyrics of a song will be separately protected as a literary work

  3. the recording of the song will attract separate copyright as a sound recording

In addition to the principal rights attaching to music, other copyrights may be relevant in

John Groom
John Groom

Partner, Baker McKenzie


John is a media and technology lawyer in Baker McKenzie's IP and Technology team. He is ranked as a 鈥渞ising star鈥 for TMT, and recognised as a key lawyer for Media and Entertainment, in the UK by Legal 500. In 2020 John was elected to TechUK鈥檚 Data Analytics and AI Leadership Committee.
 
His practice encompasses a broad range of both contentious and non-contentious aspects of IP, Technology and Commercial law, with a particular focus on copyright, digital media, and new technologies. John writes regularly on these topics and his chapter (with Ben Allgrove) 鈥淓nforcement in a digital context: intermediary liability鈥 was published in Tanya Aplin (Ed.) Research Handbook on Intellectual Property and Digital Technologies in January 2020. John qualified in 2013 and is based in the London office, having spent 2018 in the San Francisco office. John is heavily involved in the firm鈥檚 tech-focused pro bono work, as well as its social mobility initiatives.

Alex Willis
Alex Willis

Solicitor (Associate), Baker McKenzie


Alex is an Associate in the IPTech team in Baker McKenzie's London office. Alex joined the Firm in March 2018 as a trainee. Prior to turning to law, she completed a degree in Biological Sciences. During her training contract Alex gained experience in the Corporate Energy, Mining and Infrastructure; EU Competition and Trade; and Intellectual Property teams. She was also twice seconded to key clients of the firm, including to a global energy company where she gained experience in consumer law, commercial contracts, marketing and advertising and sponsorship agreements. Alex has experience in several industry sectors, on a range of contentious and non-contentious aspects of IP law, including trade marks, copyright and patents. She has worked on matters including trade mark and patent registrations, healthcare advisory and regulatory matters, anti-counterfeiting, and copyright and patent disputes.

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Jurisdiction(s):
United Kingdom
Key definition:
Intellectual property definition
What does Intellectual property mean?

The trade secrets of an employer that are normally protected as registered trade marks, designs or copyright.

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