This is my take on this topic, I love doing this and I am extremely passionate about it, but If you want "Real" (yet Free!) Expert Advice about this stuff, that will make you a music industry success beyond your wildest dreams, you have got to read some of the stuff put out by a guy named Ty Cohen, founder of the MusicBizCenter.com/blog sign up for his free material and get more expert information on this topic from their site http://www.musiccontracts101.com/docs/products/012/ . The stuff that they have on this topic are amazing and 99%better then everything else I've seen, including the paid stuff!
Having your own record label is almost seen as an industry requirement for every up and coming band, and even many of the popular “signed” bands record and publish their music on their own label with distribution handled through their recording contract.
Getting started
The basic legal requirements for creating your record label are: filing a DBA (fictitious Name Statement – or Doing Business As), starting a corporation, filing a trademark registration for your logo, and getting a tax ID number. There are a few variations on this but for the most part if you and your band are just starting out this should be all you need. Note that some States don’t require a separate DBA filing as it is part of their required filings. If you will be the sole-proprietor of your record label and won’t have any employees, then you do not need a Federal tax ID, you may use your social security number for all tax related documents.
Don’t let some of the requirements to starting your own record label scare you, all of the information you need to get the required forms and how to fill then in can easily be found on your States business recourses website.
After you have chosen a name for your record label make sure it isn’t being used by anyone else. There are many free name search website that can quickly tell you if a name is being used for a record label . Once you have your record label name, your next step will be to secure it by creating a corporation for it. The best choice is to set up an “LLC”, (limited Liability Corporation). An LLC is a simple straightforward way to create a corporation.
The LLC Articles of Organization form states who is part of your new corporation and your intended business purpose, your business address, and the name of your registered agent (the name and contact information of the person who will receive all legal documents for the corporation). Next you will want to create an LLC Operating Agreement. This spells out the terms of how your corporation will be operated with regards to financial and management rights within the corporation, and the terms in which a member may leave the corporation and what if any rights they will have after they have left the band.
Securing your trademark
Making sure that the logo for your record label is secure and legally recognized as part of your corporation is as important as securing a copyright for each new song your band writes, because your logo will become the visual identifier of your record label, hence the name “Record Label ”! Once you have chosen a logo visit www.uspto.gov and do a trademark search to make sure no other record company is using your logo. There is a filing fee required, but keep in mind that you will be able to claim all of the money you have spent on creating your record company on your taxes!
With all of your legal paperwork filed and your record label name and trademark secured you are now ready to begin the process of creating CD’s under your new record label name.
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