NEWS & RESOURCES
On July 24, 2019, United States Citizenship and Immigration Services (USCIS) published the long-awaited final version of the EB-5 Immigrant Investor Program Modernization Regulation in the Federal Register. The regulation was proposed by the Department of Homeland Security (DHS) back in January 2017 in an effort to amend its regulations governing the EB-5 immigrant investor classification, and was reviewed by The Office of Management and Budget (OMB) last month.
Music law is intentionally confusing, However, at its core, music can be broken down into two basic copyrights and the enforcement of the rights that go along with them. A copyright provides its’ creator with exclusive rights to a particular work for a limited amount of time. The two primary copyrights in music are, the sound recording (SR) copyright and the performing art (PA) copyright. For music to be copyrightable, it must be original and fixed in a tangible form, such as a sound recording recorded in .wav format or sheet music printed on paper.
After years of planning, months of searching, and weeks of negotiation you have it – a signed LOI for your new commercial space. You got the rent rate you wanted, the right number of years, and the Landlord even agreed to throw some cash into the deal to help you with the construction.
Anyone who has applied for a U.S. visa before at the U.S. Consulate already knows how stringent the requirements are. Now, it gets tougher. Starting from this month, the U.S. Department of State requires visa applicants to disclose five years of social media and contact history when applying for a U.S. visa.
“Shouldn’t we trademark our brand name?” This very common question is something we get asked all the time. Our answer is almost always yes. However, the timing of when this question is asked is extremely important.
On 05/17/2019, USCIS announced that it has completed initial data entry of all FY 2020 H-1B cap cases selected in the lotteries, including those selected under the U.S. advanced degree exceptions. Troglia Kaplan’s first FY 2020 H-1B cap receipt notice was received on 04/29/2019 with a Notice Date of 04/20/2019. Receipting could continue for several more days now that data entry is finished. USCIS will soon begin to return unselected cases and fee checks to employers, but has not identified a time frame for returns.
Until just a few years ago, visitors and residents of Chicago looking to enjoy happy hour specials at their favorite bar or restaurant would have been disappointed. Prior to July 2015, Illinois establishments serving alcohol were not allowed to offer drinks at reduced prices for a portion of the day. The statewide ban, which was enacted in 1989, was the result of a push to reduce the amount of drunken driving in the state.
Josh and Eddie talk about what everyone really wants to know (and needs to know) about the business side of music.
A large portion of our practice at Troglia Kaplan is within the music industry. We work with clients in every segment of the industry from musicians to managers to labels to distributors and more. Because of our diverse client base and years of experience, we are able to recognize certain trends, hot topics, common misconceptions and red flags while working within the music world. Each month we are going to look to highlight one of these areas that, to us, has a deep impact on an artist's career as a musician.
U.S. Immigration and Citizenship Services (USCIS) recently issued a policy memorandum, effective immediately, providing clarification on how it will calculate qualifying employment abroad when adjudicating a foreign national’s eligibility for an L-1 nonimmigrant visa petition.
On December 1st, 2018, Chicago began offering a new business license aptly called a “Pop-Up License”. A Pop-Up License allows restauranteurs and entrepreneurs to test their concepts without the burden, and risk, of signing a long-term lease or acquiring a license. The license is broken down into two categories; Pop-Up Users and Pop-Up Hosts. The Pop-Up Users are those who wish to test their business ideas in different locations around the city while the Pop-Up Hosts are those who are allowed to host Pop-Up Users.
Troglia Kaplan is pleased to announce the addition of our Immigration Practice. We have taken this initiative because we strive to serve as a business’ general counsel offering comprehensive guidance and expertise to our clients. U.S companies are now competing with foreign companies around the world more than ever. In a global economy, it is crucial that key personnel be able to cross borders expeditiously, with certainty and frequency.
Illinois is finally with the times – we are “going green”. No, I’m not talking about the upcoming approval of recreational marijuana – although that will help with the budget issues. No, today we are talking about another initiative taken up by other states, successfully, that has boosted state economies – P.A.C.E. Standing for Property Assessed Clean Energy
Eddie Sanders and Josh Kaplan are constantly fighting against the two most obnoxious, overused and antiquated words in the music industry: Industry Standard. For decades now music executives have relied on the industry standard as a way to mask or disguise a less than fair set of terms in a contract with an artist.
Sometimes speaking out works. @SoundCloud listened and modified its new artist contract. Thanks to some solid journalism (take that #fakenews), and the power of artists and their representatives (like yours truly), SoundCloud revised its new artist monetization agreement. The program introduced by SoundCloud four years ago allowed select artists to earn a share of ad revenue and subscription fees by monetizing the use of their music.
Previously we reported on the Music Modernization Act, a bill proposed to ensure digital music services pay fair royalties to the copyright holders, and where it stands during its process to be become an enacted bill. We are happy to announce that MMA has been signed and now is law! The MMA is a dense, comprehensive 170-page bill and we plan to break down various sections of the law. This article will focus on what are the next steps in implementing this new legislation and how songwriters should best prepare themselves for the upcoming changes.
President Trump has signed a bill (H.R.6157) to fund the federal government through December 7, 2018, preventing a federal shutdown after September 30. Immigration programs previously set to expire on September 30 will be reauthorized through December 7, including the EB-5 Regional Center program.
Illinois recently passed two significant changes to its liquor laws – HB 4897, allowing taprooms (retail outlets of a brewery) to serve beer and cider from outside producers, and SB 246, a modification of the prohibition on retail liquor sales within 100 feet of certain establishments such as a church, school, or hospital.
Previously we reported on the Music Modernization Act, a bill proposed to ensure digital music services pay fair royalties to the copyright holders, and where it stands during its process to be become an enacted bill. As we are aware from the timeless SchoolHouse Rock classic “I’m Just A Bill”, in order to enact a bill it takes time and votes from different levels of Congress.
As attorneys for many new ventures, our determination for the type of entity is usually brief. Between the additional bookkeeping, statutory requirements, and double taxation inherent with C-corps, most new ventures are best suited as limited liability companies.
It seems to be a constant battle for songwriters to economically receive what is rightfully theirs. First, fighting with labels over rights and royalties, then finding a publisher (big enough) to collect those royalties, now going after digital service providers
Wait a second…What just happened? Did the United States government actually try to address a problem that has effected millions of Americans for years by introducing a Bill before Congress? Did those blowhards in Washington D.C. stop
Maybe it is a millennial thing or maybe it is just a product of the industry but we consistently hear several things from new artists that are trying to make it to the next level:
There have been a ton of articles written about how the current revenue models created by streaming platforms are grossly unjust and woefully inadequate as far as compensating artists.
As seen from our last L4M post, success in the music industry is often dependent upon the people around you; managers, lawyers, and booking agents make up your “team”. But what about those other musicians that help you create the sound?
I’m sorry (again) for the lack of posts over the last several months (make that years). The truth is that we have been too busy working and have let our attention to this important outlet lapse. Instead of promising to write more, we want to make sure
Recently a client’s father asked if his aspiring musician daughter should put a physical care package of sorts together to send out to labels, managers and PR. He thought that this was the best way to get someone’s attention who could help
Now that South by Southwest has wrapped and we are all back at our day jobs, we at Lawyers 4 Musicians want to bring you back to the music and share with you our favorite showcases from this year’s festival.
The Lawyers 4 Musicians team is at South By Southwest this year to meet, learn and discover all of the up and comings in the music world. We will be keeping you posted on events we attend, new findings and tips for musicians, people we meet,
I’m happy to have been quoted in this article by Paul Schrodt and the Business Insider.
As everyone in the hospitality industry is aware, Illinois passed legislation enabling to-go cocktails in May, and Chicago followed up and passed an ordinance tracking the Illinois legislation in June. With cocktails-to-go now allowed in Illinois, restaurants and bars have a new option in their fight for revenues amidst the Coronavirus crisis.
The United States District Court of the Southern District of New York recently allowed a class action to proceed against Sony Music Entertainment and Universal Music Group. The musicians/plaintiffs in these cases are attempting to “recapture” their copyrights under section 203 of the Copyright Act. Although a ruling on the case has yet to be determined, the potential implications are significant for recording artists who sign label agreements that contain work for hire language.
Since the CARES Act (the “Act”) became law on March 27, 2020, small businesses have eagerly anticipated the lifeline coming their way in the form of the Paycheck Protection Act (the “PPP”). This anticipation, however, has now turned into frustration and confusion as banks and the SBA struggle to create consistency in the application process and administration of the PPP program. Just when we think we understand the law, SBA comments (or in some instances its silence) turn us on our heads.
As we continue to endure the COVID-19 pandemic, we wanted to take time to summarize the various financial assistance programs offered by the Federal Government, the State of Illinois and the City of Chicago for our business clients. There are also certain tax benefits outlined in this update. We recommend that you evaluate each of the programs to determine whether your business is eligible and to further determine which program best serves your needs.
Equally effected is the live music and entertainment segments of the economy. Social distancing, whether suggested or mandated, means no live performances. No live performances means no money for venue owners, security and staff, ticketing companies, the artists and their teams. Without live performance revenue all of these individuals are without the revenue that normally pays their bills.
In these unprecedented times we are all struggling to stay safe and fully informed concerning our rapidly changing reality with the COVID-19 virus. While balancing our own personal priorities and shifting to a work from home setting, we remain dedicated to serve our clients to the best of our abilities.
For the recording artist who doesn’t have a production team or the producer looking for recording artists, YouTube and online marketplaces such as BeatStars provide an avenue for them to connect without ever having to meet. Artists can filter through instrumentals uploaded by producers on these websites according to bpm, mood, or even an artist’s sound they want to emulate.
You’ve put the ad on the job board, sifted through the candidates, and have narrowed it down to a few of the best. Now you check their references, ask for their salary history - STOP. Not anymore. With the recent revisions to Illinois Equal Pay Act of 2003, it is now illegal to ask an employee their salary history as part of the job application process.
We are fortunate to work with some of the most amazing entrepreneurs, artists and creative people around. We strive to keep them protected and profitable so that they can focus on their ventures, passions and careers. Sometimes, when we are not drafting contracts, negotiating deals or strategizing growth, we poke our heads up to marvel at the success of our clients.
Publishing is an often discussed and rarely understood element of music. For those working as musicians or within the industry, understanding publishing and how it is divided is essential. However, even for those of us that have a grasp on publishing, answering the question of how publishing is or should be split is not easy.
A corporate term of art that is bandied about a lot is Holding Company. What is a Holding Company and why does it sound ominous for some reason? We can answer the first part of that question and will leave the second half open for interpretation.
Whether you follow the music industry or not, it has been hard to avoid the ongoing saga that is Taylor Swift. There are hundreds of articles out there about all of the particulars and specifics of Taylor’s ongoing fight with Big Machine, the Carlyle Group and, most publicly, Scooter Braun. (Here’s one.). While relating to a super star who has a catalog worth $300,000,000.00 may be difficult, ownership of your art is infinitely relatable to musicians.
The Department of State will begin accepting online registrations for the 2021 Diversity Visa (DV) Lottery Program starting Wednesday, October 2, 2019 at noon EDT. Foreign nationals who wish to enter the lottery have until Tuesday, November 5, 2019 at noon EST to file online. For Fiscal Year 2021 (10/01/2020 - 09/30/2021), 55,000 Diversity Visas will be available. Selected applicants will be able to submit their Green Card Applications starting October 1, 2020. There is no cost to register for the DV program. Eligible applicants are encouraged to apply.
Unless you’ve been living under Lower Wacker Drive, you’ve most likely heard that earlier this summer, Illinois Governor J.B. Pritzker signed HB 1438 “The Cannabis Regulation and Tax Act” into law (the “Act”). The Act allows for the recreational use of marijuana and describes the application requirements for cultivation centers and dispensaries to acquire licenses to grow, distribute, and sell cannabis. The Act will become effective January 1, 2020.
There is a key distinction in the law that differentiates between an employee and an independent contractor. Employees are entitled to certain benefits and protections that contractors are not; chief amongst them, wage protection (minimum wage requirements and overtime benefits etc.), health insurance and paid time off. Contractors, on the other hand, are viewed as hired guns that can be paid lump sums, do not qualify for overtime and are not eligible for insurance coverage offered to employees. The music industry is dominated by contractor relationships. Think of studio musicians, managers, dancers, producers, writers, roadies, back up singers etc. All of which, until recently, fell squarely in the independent contractor category.
It seems like everyone is trying to get involved in the Cannabis Industry. Marijuana is considered a growth industry - a sector of the economy which experiences a higher than average growth rate as compared to other sectors. In Canada, analysts project that marijuana sales will have an annual growth rate of 55% with estimations that sales will jump to $5.4 billion by 2022. So, it is not surprising that US investors are chomping at the bit to get their piece of the marijuana industry’s potentially high-speed return on investment.