Cocktails To Go

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.

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Copyright Recapture

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.

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Paycheck Protection Program Update

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.

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Financial Relief During the COVID-19 Pandemic

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.

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Ideas For Musicians During COVID-19

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.

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Contract Pitfalls for the DIY Music Producer

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.

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Olivia Shanksbatch2Comment
Hiring New Employees? Careful What You Ask.

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.

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Olivia Shanksbatch2Comment
Congratulations to our Grammy Winning Clients

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.

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Olivia Shanksbatch2Comment
How Do You Split Up Publishing?

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.

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Olivia Shanksbatch2Comment
You and Taylor Swift

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.

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Olivia Shanksbatch2Comment
Diversity Green Card Lottery Entry

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.

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Olivia Shanksbatch2Comment
Illinois Cannabis Experts?

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.

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Olivia Shanksbatch2Comment
Independent Contractor No More? (and why that matters to musicians)

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.

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Interested In Investing In Cannabis? Options and Risk for Various Marijuana Based Investments

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. 

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EB-5 Modernization: Final Rule Takes Effect 11/21/2019

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.


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Two Copyrights in Music

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. 

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