Is it legal?
		Here are a few of the most commonly asked Questions & Answers relating to the music and entertainment business. We'll be posting new FAQ's on a regular basis so please bookmark this page. If you have any legal questions please e-mail them to us. This page has been written with the help of David Franks of The Simkins Partnership Solicitors, London.

Most Recent Questions

Q. If the manager of a band is also their exclusive publisher, could this legally be regarded as being in "conflict of interest"?

A. In theory, there is no reason whay a manager cannot be effective as a band's publisher and vice versa, but a "conflict of interest" will arise if a manager seeks to sign a band to the manager's own publishing company because of the duty of "utmost good faith" which is central to the artist/manager relationship. This conflict can usually be resolved by ensuring that the band is represented by an experienced solicitor in negotiating the publishing deal. Amongst other things he will wish to ensure that the manager gives up any right to commission the band's earnings from the publishing deal. Arguably there is no "conflict of interest" as such, where a band has a publishing deal and subseqently appoints their publisher as their manager.

Q. A recording studio refuses to let a band have the master tapes from their recording session until the bill has been paid. Are they allowed to do this?

A. Every commercial studio publishes its own `Terms and Conditions' of business and this is where you should look first for an answer to this question. If there are no such terms and conditions, or if for some reason they do not apply, then it is necessary to consider other factors. For example, did the studio supply the tape in the first place or was it brought in by the band? In most cases the studio will be entitled to hold the tapes until they have been paid, but this does not give them any right to exploit themr.