Do You Publish Your Own Music?

[john]

Hey

Here's an aspect of self publishing you may, or may not have thought about. The risks of self-publishing.

If you publish your own song, and it sounds like another song, your "publishing company" (you) could be named in a lawsuit. Your personal assets can be listed as potential sources for reclamation of losses/damages, which means that they can take your studio equipment, your house, your car, and so on if they win their claim.

If you list your "publishing company" as a Limited Liability Corporation (LLC). This protects you to a degree. It draws a line between your "company" and you personal assets.

There are other approaches so I'd recommend speaking to a Music lawyer and get their advice.

Anyone any views on this? Different advice?

Cheers

john

[Lazz]

Hi John.

What's happened to slap this on your agenda, I wonder?

Anything going on in your life to make this something other than a non-issue?

Here's a few other immediate observations to muddy the waters:

1. most unlikely that anyone sues for infringement unless the defendant is loaded with dosh.

2. don’t plagiarise in the first place.

3. they can’t take away the tools of your trade.

4. merely listing your co. as being of limited liability is useless unless you’ve taken the steps to legally incorporate as such.

5. would you really want the burdensome bother of regular administrative obligations associated with company registration?

Edited March 31, 2007 by Lazz

[john]

Hi Lazz

No agenda. Nothing going on. I read this issue in the middle of a post on another board and thought it worth discussing. Ok, I used my scarey voice.

I've not taken the step of going limited regarding publishing myself, and neither have I consciously plagiarised. I guess any risk is in unconsciously reproducing something.

Either way, the bar for proof is pretty high.

Out of interest, they might not be able to take away the tools of your trade, but someone could claim against every other asset.

I agree, being a limited company brings a lot of hassle, and it only limits public liability. Then again, what sort of protection/insurance etc should publishers, self or otherwise take out? I would guess indemnity of some kind. I'm imagining that the problem would be a lot more of a risk when you sign an artist other than yourself.

From the website stand point I have had to develop far more awareness of the legal implications of publishing, and it's still far from extensive. Granted a different proposition with a website, but the basics of copyright infringement still apply. There is a growing trend with web sites to sue over copyright infringements, but I think it is a lot more common a problem. With self-published and self-labelled music now begining to significantly eat into majors share of the total available market, it wouldn't surprise me if action is taken against smaller and smaller fish.

Not to worry, It's very late (early) and I'm probably talking bollocks. Again.

Cheers

John

[Lazz]

probably talking bollocks. Again

Glad we speak the same language.

And relieved there's no worries - had me concerned for a bit there.

I don't see Songstuff having trouble.

You behave responsibly when dealing with infringement issues.

That's a matter of record.

No problem.

The issue of Errors and Omissions Liablity insurance recently intruded into my life by some strange co-incidence.

My current priority, of course, is to postpone all belt-and-braces expenditure for as long as possible.

Current strategy is to have indemnifications in contracts.

Low-risk/non-risk.

Cool