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How to Legally Form a Band

By Sholdon Daniels

Four performers on stage.
Call 1-844-SHOLDON for help forming your band.

Starting a band can be an exciting and creative process, but it's important to make sure you have the proper legal structure in place. Attorney Sholdon Daniels is a well-respected entertainment lawyer with years of experience in the music industry. Here is my step-by-step guide to help you legally form your band:

  1. Choose a Business Structure: The first step in legally forming a band is to choose a business structure. The most common structures for bands are sole proprietorships, partnerships, limited liability companies (LLCs), and S corporations. Each structure has its own legal and tax implications, so it's important to research and consult with a lawyer or accountant to determine which one is right for you.

  2. Register Your Business: Once you have chosen a business structure, you need to register your band as a business with the state where you plan to operate. This typically involves filing articles of incorporation or a certificate of formation with the state and paying any necessary fees.

  3. Obtain Licenses and Permits: Depending on your state, you may need to obtain various licenses and permits to legally operate your band. These could include business licenses and music performance licenses if you plan on playing in other countries like England.

  4. Draft a Band Agreement: A band agreement is a legal contract between the members of the band that outlines the terms of your business relationship. This document should cover topics such as band ownership, profits, responsibilities, and dispute resolution. It's important to have a clear agreement in place to avoid any misunderstandings or conflicts down the road.

  5. Protect Your Intellectual Property: If you plan to write and perform original music, it's important to protect your intellectual property rights. This can be done by registering your songs with the U.S. Copyright Office, using proper trademark protection for your band name, and registering any logos or other visual elements of your brand.

  6. Secure Insurance: Finally, it's important to secure insurance coverage for your band. This could include liability insurance to protect against claims of injury or property damage, and musician's insurance to cover your instruments and equipment.

Legally forming a band is an important step in establishing a successful and sustainable career in the music business as a performer. By following these steps, you can ensure that your band has a solid legal foundation and is protected against potential legal and financial challenges.

My office is always here to help you at 1-844-SHOLDON.

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