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Find a Lawyer in NashvilleAbout Media and Entertainment Law in Nashville, United States
Nashville is a major hub for music, film, live performance, and creative media. The local industry includes songwriters, recording artists, producers, live-venue operators, music publishers, independent filmmakers, streaming and digital media companies, and advertising and branding businesses. Media and entertainment law in Nashville touches federal intellectual property law, state business and employment law, and local permitting and land-use rules that affect where and how creative work is produced, performed, and distributed.
Although many core rights in music, film, and publishing are governed by federal law - especially copyright and trademark - local and state rules shape production logistics, venue operations, hiring practices, taxation, and regulatory compliance. Because Nashville has a dense ecosystem of creative professionals and service providers, legal issues often involve contract drafting and negotiation, licensing and royalty structures, business organization, and disputes over ownership or credits.
Why You May Need a Lawyer
Legal problems in media and entertainment are common, and a lawyer can reduce risk, protect income, and preserve creative control. Typical situations where you may need an entertainment lawyer include negotiating recording or production agreements, drafting or reviewing publishing and licensing deals, resolving disputes over songwriting credits or ownership, and enforcing copyrights or trademarks.
Other frequent reasons to seek legal help are establishing the right business structure for a band or production company, advising on hiring and contractor versus employee classification, handling union-related matters and collective-bargaining agreements, securing permits for filming or public events, addressing defamation or right-of-publicity concerns, and conducting or defending against royalty and accounting audits.
Local Laws Overview
Federal intellectual property law governs copyrights and trademarks relevant to music, film, and other creative works, while state and local laws affect business formation, taxation, employment, and permitting. Key local and state considerations in Nashville include business registration with the Tennessee Secretary of State, local sales and business taxes, and compliance with Metro Nashville regulations for public events, amplified sound, and street or venue use.
Permitting and logistics matters are important. Filming or staging events in public spaces commonly requires permits, insurance, and coordination with municipal authorities for street closures, traffic control, and public safety. Noise ordinances and amplified-sound permits affect live music venues and outdoor events. Venues that serve alcohol must comply with Tennessee and Metro Nashville liquor-licensing requirements.
Employment and labor law issues include correct classification of performers and crew as employees or independent contractors, compliance with state and federal wage and hour rules, and rules that apply to minors working in entertainment. Union rules and collective-bargaining agreements from organizations such as SAG-AFTRA, IATSE, and the American Federation of Musicians can impose specific hiring, payment, and working-condition obligations.
To protect intellectual property, creators should understand copyright registration, publishing splits, and trademark clearance for band or company names. Contractual provisions that govern ownership of masters, split sheets for songs, mechanical and performance royalty arrangements, sync licensing for film and media, and rights in derivative works are all central to protecting revenue streams in Nashville's creative economy.
Frequently Asked Questions
How do I protect a song or recording I created in Nashville?
Copyright protection exists automatically when a work is fixed in a tangible medium, but registering the copyright with the U.S. Copyright Office provides stronger legal remedies and is necessary before suing for statutory damages in many cases. Maintain dated records, create clear split-sheet agreements when co-writers are involved, and consider registering the work early. Use written agreements to document publishing and master ownership.
Do I need a written contract for a gig or studio session?
Yes. Even simple written agreements reduce misunderstandings about fees, payment timing, scope of work, ownership of recordings, session musician terms, and cancellation policies. For higher-risk projects, detailed contracts should cover deliverables, rights granted, royalties, credits, warranties, indemnity, and dispute resolution.
How do I clear a sample or get sync rights for a song in a film or ad?
To use a sample you usually need permission from the owners of both the sound recording and the underlying composition. For synchronization licenses for film, TV, or ads you need a sync license from the music publisher for the composition and a master use license from the copyright owner of the recording. Clearance can require negotiation and payment of fees or royalties.
Can I film in Nashville without a permit?
Filming on private property generally requires the property owner s permission. Filming on public streets, parks, or other public property typically requires permits, insurance, and coordination with local authorities for traffic, closures, or public safety. Complex shoots may need multiple permits and advance notice to local offices and businesses.
How are performance royalties collected and paid?
Performance royalties for public performances of songs are collected by performance-rights organizations such as ASCAP, BMI, and SESAC. For digital performances of sound recordings, SoundExchange handles certain digital performance royalties. Artists and publishers register their works and affiliations with appropriate organizations to receive royalties, and proper metadata and reporting are essential to ensure accurate payments.
Should I form an LLC or incorporate my band or production company?
An LLC or corporation can help limit personal liability, simplify profit sharing, and provide a clearer framework for contracts and taxes. Choice of entity depends on liability exposure, tax implications, ownership structure, and long-term goals. Speak with a lawyer and an accountant to determine the best business form for your situation.
What should I do if someone is using my music or video without permission?
First document the infringement and preserve evidence. If the work is registered, you may be able to send a cease-and-desist letter and pursue a copyright claim. If the infringing material is on a platform, a DMCA takedown notice may be appropriate. An attorney can advise on options including negotiation, takedown notices, or litigation.
How do songwriting credits and splits work?
Songwriting credits and splits should be agreed in writing as early as possible. Split agreements or split sheets record each contributor s percentage of ownership for composition rights and publishing. Disputes over splits are common and may require mediation or litigation if not resolved by agreement.
Are there tax or incentive programs for film, music, or production in Tennessee?
Tax treatment and incentive programs can change over time. State and local tax rules affect income, sales, and business taxes for creative enterprises. Check current information from state and municipal agencies and consult a tax professional to understand applicable incentives, credits, and obligations for productions and creative businesses.
How do union rules affect hiring musicians, actors, or crew in Nashville?
Many productions and live events involve union contracts that set minimum wages, working conditions, hiring procedures, and royalty or residual rules. Common unions include SAG-AFTRA, IATSE, the American Federation of Musicians, and others. If you plan to hire union members or undertake a union shop production, you may need to follow specific contract terms or obtain permits from the union.
Additional Resources
United States Copyright Office - for registering copyrights and learning about federal copyright law.
United States Patent and Trademark Office - for trademark registration and guidance.
Tennessee Secretary of State - for business formation and registration in Tennessee.
Tennessee Department of Labor and Workforce Development - for state labor rules, child labor regulations, and wage-and-hour guidance.
Metro Nashville Government - for local permits, noise and amplified-sound rules, street-closure permits, and venue regulations.
Nashville Film Office or local film permitting office - for guidance on filming permits and logistics.
Nashville Bar Association and Tennessee Bar Association - for lawyer referral services and a directory of attorneys who handle entertainment and intellectual property matters.
Performance-rights organizations - ASCAP, BMI, and SESAC - for performance licensing and royalty collection.
American Federation of Musicians Local chapter, SAG-AFTRA local representatives, and IATSE local chapters - for union-related guidance and contract information.
Nashville Songwriters Association International and local artist and industry trade organizations - for networking, education, and resources specific to songwriters and music professionals.
Next Steps
Identify the primary legal issue you face - contract negotiation, rights protection, dispute resolution, business formation, permitting, or tax and employment questions. Gather all relevant documents such as contracts, correspondence, registrations, recordings, and any evidence of unauthorized use.
Look for an attorney with experience in media and entertainment law in Tennessee or Nashville. Use local bar association referral services and professional organizations to find lawyers who handle music, film, and media matters. Check an attorney s experience with similar cases, fee structure, and whether they offer an initial consultation.
Prepare for your consultation with a concise summary of the facts, a list of your goals, and key questions about risks, costs, timelines, and alternative dispute resolution options. Ask about the attorney s approach to contracts, licensing, litigation, and settlement. Get a written engagement letter that states fee arrangements, scope of representation, and billing practices.
Consider preventive steps such as registering copyrights early, using written agreements for collaborations, maintaining clear accounting and metadata for works, and carrying adequate insurance for productions and events. When disputes arise, evaluate negotiation, mediation, and contractual remedies before pursuing costly litigation.
Legal matters in media and entertainment can be complex but are manageable with the right advisor. Acting early, documenting agreements, and working with experienced counsel will help you protect your rights and advance your creative and business goals in Nashville.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
