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Music Law Research Guide

Introduction

This guide was prepared to assist your research on music and the law at the Georgetown University Law Library. It provides resources devoted to legal issues commonly faced by artists and the music industry, such as copyright, licensing, and antitrust law. The guide includes both primary and secondary sources, but is focused on U.S. law and does not include foreign or international materials. It also includes sources which you can use to find background information about the music industry.

Members of the Georgetown University community may seek additional assistance at the reference desk or online.

Getting Started

The following resources provide good introductions to the music industry and the legal issues it most commonly faces:

Primary Law Resources

Case Law

For information on researching U.S. case law generally, see Georgetown Law Library's Case Law Research Guide or the Case Law Research Tutorialtelevision. Additional sources for finding court opinions dealing with music law include the following:

Statutes

For information on researching U.S. statutory law generally, see Georgetown Law Library's Statutes Research Guide or the Statutory Research Tutorialtelevision. Additional sources for finding statutes dealing with music law include the following:

  • Title 17 of the United States Code contains the text of current federal copyright law. The following is a selected list of important copyright statutes:
    • Copyright Act of 1909, Public Law 60-349, 35 Stat. 1075 (1909)
    • Copyright Act of 1976, Pub. L. No. 94-553, 90 Stat. 2541 (1976)
    • Digital Millennium Copyright Act (DMCA), Pub L. No. 105 - 304, 112 Stat. 2860 (1998)
    • Sound Recording Act of 1971, Pub. L. No. 140, 85 Stat. 39 (1971)
    • Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996)

  • Title 15 of the U.S. Code contains the text of three major antitrust statutes:
    • Sherman Antitrust Act, 26 Stat. 209 (1890)
    • Clayton Act, Pub. L. No. 63-212, 38 Stat. 730 (1914)
    • Federal Trade Commission Act, 38 Stat. 717 (1914)

  • Other statutes:
    • Trademark Act of 1946 ("Lanham Act"), Pub. L. No.79-489, 60 Stat. 427 (1946)
    • California Civil Code Section 3344 (Right of publicity)
    • California Penal Code Section 653w (Failure to disclose origin of recording or audiovisual work)
    • New York Civil Rights Law Sec. 50 & 51 (Right of privacy and action for damages)

Regulations

For information on researching U.S. regulations generally, see Georgetown Law Library's Administrative Law Research Guide or the Administrative Law Tutorialtelevision.

Select federal regulations relevant to the music industry:

  • 37 C.F.R. secs. 200-299
    Regulations promulgated by the Copyright Office, Library of Congress.

  • 37 C.F.R. secs. 300-399
    Regulations promulgated by the Copyright Royalty Board, Library of Congress.

  • 47 C.F.R. secs. 70-79
    Regulations promulgated by the Federal Communications Commission dealing with broadcast radio services.

Secondary Resources

Treatises & Other General Works

These titles deal broadly with copyright, licensing agreements, and other areas of law which affect the entertainment industry generally.

  • Antitrust Law: An Analysis of Antitrust Principles & Their Application (Areeda & Hovenkamp) (KF1649 .A7) (3rd ed., 2006 - )
    This is a nineteen-volume loose leaf publication which includes in-depth examinations of thousands of cases. Updated with supplements and revisions. Appendices include reprints of selected statutes and antitrust guidelines.

  • Lindey on Entertainment, Publishing and the Arts: Agreements and the Law (KF2991.5 .L73 2004)
    "This treatise, updated three times yearly, provides coverage of entertainment law, mass communications, and the arts. Includes state-of-the-art forms and detailed guidance for drafting agreements. "
  • Nimmer on Copyright (KF2991.5.N5 1976) (Loose leaf updated three times a year)
    This ten-volume treatise is considered to be one of the most authoritative works on copyright law, covering constitutional, statutory and common law issues. Included are full-text of laws, regulations and international conventions and forms and jury instructions. There are also numerous citations to primary and secondary authorities. The treatise is in loose leaf format, with supplementation approximately twice yearly.

These titles deal more specifically with the music industry and/or its legal issues.

Academic Journals

News & Current Awareness

These current awareness publications are heavily used by attorneys to keep up with recent cases, proposed legislation, and developments within their practice areas.

Study Aids

The following sources are designed to assist students taking substantive law classes in areas relevant to the music industry:

  • Copyright: Examples and Explanations (KF2995 .M35)
    Copyright law examples and explanations are provided in this four-part work. It includes an overview of copyright, copyrightable subject matter, ownership and transactions, statutory rights, and copyright litigation. Examples in the work are drawn from judicial opinions, news reports and student questions.

  • Entertainment Law in a Nutshell (KF4290.Z9B88)
    This nutshell provides an overview of the complexities of the entertainment industry. Topics covered include intellectual property, publicity, contracts, estate planning and First Amendment issues unique to the field.

  • Intellectual Property and Unfair Competition in a Nutshell (KF1610.M35)
    This study guide provides an understanding of the creation of specific intellectual property rights as well as the determination of a commercial wrong. It discusses the historical inter-relationship between intellectual property law and the law of unfair competition.

  • Intellectual Property: Patents, Trademarks and Copyright in a Nutshell (KF2980.M52)
    A four-part study aid, focusing on the foundations and practice of patent, trademark and copyright law. Part 1V gives limited treatment to global intellectual property. Table of cases included.

  • Understanding Copyright Law (KF2994.L43)
    A comprehensive study aid on copyright, which examines, among other issues, factual works, works made for hire, parody of fair use and software protection. Part 111 is a comparative analysis of copyright, patent and trademark law. A fairly comprehensive overview of international copyright is also provided in Chapter 12. Includes tables of cases and statutes.

Other Resources

The following is a collection of Web sites maintained by music industry, artist, and advocacy organizations. Some are designed to be educational, while others have a specific agenda.

  • American Bar Association, Forum on the Entertainment and Sports Industries
    The Forum describes itself as “the largest national organization in the entertainment and sports law area.” It has ten divisions devoted to specialty areas, including a Music & Personal Appearances division, and a Motion Pictures, Television, Cable, and Radio division.
  • American Federation of Musicians (AFM)
    Labor union representing the interests of professional musicians in the United States and Canada.
  • American Federation of Television and Radio Artist (AFTRA)
    AFTRA is a national labor union that represents performers, journalists and artists in entertainment and the news media.
  • American Society of Composers, Authors and Publishers (ASCAP)
    ASCAP is a "membership association of more than 300,000 U.S. composers, songwriters, lyricists, and music publishers of every kind of music. ASCAP is the only U.S. performing rights organization created and controlled by composers, songwriters and music publishers, with a Board of Directors elected by and from the membership."
  • Broadcast Music, Inc. (BMI)
    Like ASCAP, BMI is a performance rights organization that collects music performance royalties on behalf of recording artists, songwriters and performers.
  • Electronic Frontier Foundation (EFF)
    EFF is a non-profit advocacy group involved in litigation and lobbying for the “public interest in every critical battle affecting digital rights.”
  • Future of Music Coalition
    "Future of Music Coalition is a national nonprofit organization that works to ensure a diverse musical culture where artists flourish, are compensated fairly for their work, and where fans can find the music they want."
  • Home Recording Rights Coalition
    Provides “Current information about consumer home recording in the digital age – ‘hot’ topics; past, present, and future congressional activity; FCC proceedings; and litigation.”
  • Music Publishers Association
    Industry association representing the interests of sheet music publishers.
  • Recording Industry Association of America (RIAA)
    Provides information on the issues affecting the recording industry and access to results of research by the RIAA.
  • Society of European Stage Authors and Composers (SESAC)
    Although it is smaller than both ASCAP and BMI, SESAC is a third music performance rights organization in the United States.
  • SoundExchange
    SoundExchange is similar to ASCAP and other performance rights organizations, and collects royalties for digital performances on satellite radio, Internet radio, and cable television.

Further Research Tools

The Georgetown Law Library has a number of other research guides that are relevant to music law research, such as

Created March 2011 (TV)

Page last saved 23-Sep-2011