Ben Lockyer
Founder & Attorney · Lockyer Law
Most artists come to me after something’s already gone wrong. They’ve lost control of their name, they’re sitting on a catalog they can’t deliver, or they’ve handed their career to someone who doesn’t work for them. These five tips exist to make sure that doesn’t happen to you.
1. Trademark Your Name Early
Your name is your identity. It’s replaceable if you don’t own it. Too many artists invest thousands into music videos and marketing before securing the one thing that makes all of it matter.
Wait too long and you may be forced to rebrand entirely. I’ve seen it happen. A trademark filing costs less than one music video shoot. Do it first.
2. Be Careful With Sampling
Sampling can make a track go viral. It can also bury your career. Songs built on uncleared samples are legal and financial landmines that go off at exactly the wrong moment, right when a label comes calling.
That remix generating six-figure streams? If the sample isn’t cleared, someone else is collecting that check. And when it’s time to sign, uncleared samples in your catalog can kill the deal or hand your leverage straight to the label.
3. Clear Your Back Catalog
If your beats aren’t properly licensed, you don’t own your catalog, even if it feels like yours. Many artists operate on handshake deals or producer contracts with loopholes buried in the fine print, clauses designed to favor the producer when it counts.
Producers know how to wait. Once your song goes viral or you land a deal, they come back with higher demands. And if you’ve already promised those songs to a label, you’re stuck in an obligation you can’t fulfill. Clear everything before you need it.
4. Copyright Your Work
Think of copyrighting your music the way you think about mixing it: a non-negotiable step before release. A copyright registration for a single or full album costs as little as $65. Without it, your options are severely limited when someone uses your music without permission.
Register before you release. The protection only starts when you file.
5. Hire Your Own Lawyer
Labels and managers will offer you legal representation. Decline it. Those attorneys represent the entity making the offer, not you. The conflict of interest is built into the arrangement, whether or not anyone admits it.
You need someone whose only job is to protect your interests. Not theirs. Independent legal counsel is one of the few things in this business that’s actually on your side.