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Music

Legal services for artists, record labels, and music industry businesses.

Legal Counsel for the Canadian Music Industry

Canada remains a global powerhouse in the music industry, currently ranking as the ninth largest recorded music market in the world as of 2026. With the implementation of the Online Streaming Act — which now requires major global platforms to contribute 5% of their Canadian revenue back into the domestic ecosystem — the Canadian music industry has evolved into a highly regulated, sophisticated commercial environment built on a foundation of intellectual property, complex contracts, and statutory royalties. At DOBRMAN, we provide practical music law counsel to music industry professionals and music businesses in Calgary and across Canada.


The Legal Landscape

Music is a multi-layered intellectual property asset. A single piece of music involves multiple distinct layers of intellectual property — the musical composition, the lyrics, and the sound recording are each protected separately under Canadian copyright law. Music creators, music publishers, and record labels all hold different rights in the same piece of music, and understanding how those music rights interact, who owns them, and how they can be licensed and monetized is the foundation of music law in Canada.

Music contracts define every industry relationship. The music industry operates through a dense web of contractual relationships — recording agreements, music publishing agreements, management agreements, music licensing agreements, distribution agreements, and brand deal contracts. Music industry contracts are notoriously complex and often heavily weighted in favour of the more powerful party. For recording artists, music producers, and independent labels, understanding what a music contract actually says before signing it is one of the most important legal steps in a music career.

Music royalties are a business. Music royalties — including mechanical royalties, performance royalties, synchronization royalties, and neighboring rights payments — are the primary revenue stream for music creators and music rights holders in Canada. The Canadian music royalty landscape is governed by a combination of statutory provisions under the Copyright Act, collective licensing through music rights organizations such as SOCAN, Re:Sound, and CMRRA, and individual music licensing arrangements. Maximizing music royalty income requires a clear understanding of how Canadian music rights work.

The Online Streaming Act changes the music industry. Canada's Online Streaming Act (formerly Bill C-11), which received Royal Assent in 2023, modernizes the Broadcasting Act to include online streaming platforms — including major music streaming services — within the Canadian broadcasting regulatory framework. The Online Streaming Act has significant implications for how Canadian music content is promoted and monetized on global streaming platforms.

AI and music create new legal frontiers. Artificial intelligence tools capable of generating, imitating, and manipulating music are creating new and complex legal questions for the Canadian music industry — including questions about the ownership of AI-generated music, the use of existing recordings to train AI models, and the protection of an artist's voice and musical style under Canadian law. Music creators and music businesses operating in this space need to understand how Canadian music law applies to AI-generated and AI-assisted content.


Relevant Canadian Laws & Frameworks

Copyright Act, RSC 1985, c C-42 — Canada's primary federal legislation governing the protection, licensing, and enforcement of music copyright, including the rights of music composers, lyricists, sound recording makers, and music performers.

Trademarks Act, RSC 1985, c T-13 — Governs the registration and protection of artist names, band names, album names, record label names, and other music industry brand identifiers used in commerce.

Broadcasting Act, SC 1991, c 11 — Canada's federal broadcasting legislation, as modernized by the Online Streaming Act to include online music streaming platforms within the Canadian regulatory framework.

Business Corporations Act, RSA 2000, c B-9 — Governs the incorporation and governance of Alberta corporations, relevant to music businesses, record labels, and music publishers structuring their operations.

Employment Standards Code, RSA 2000, c E-9 — Establishes minimum employment standards in Alberta, relevant to music businesses that engage employees, session musicians, or music industry contractors.

Competition Act, RSC 1985, c C-34 — Contains provisions governing deceptive marketing practices and misleading representations relevant to music industry advertising, music streaming manipulation, and sponsored music content.


Common Legal Issues in the Music Industry

Music ownership and copyright disputes. Disputes over who owns a music composition, a sound recording, or other music assets — particularly in collaborative music creation environments involving co-writers, producers, and session musicians — are a frequent and consequential issue in the music industry. Music ownership disputes are governed by Canadian copyright law and can have lasting implications for the commercial value of a music catalogue.

Unfair music contracts. Recording agreements, music publishing deals, and management contracts presented to recording artists and music creators are often complex, lengthy, and heavily negotiated in favour of labels, publishers, and managers. Music industry professionals who sign music contracts without independent legal review regularly find themselves bound by terms that significantly limit their creative and commercial freedom.

Music royalty and accounting disputes. Disputes over the calculation, reporting, and payment of music royalties — including mechanical royalties, performance royalties, and neighbouring rights payments — are a common source of legal conflict between music creators and the labels, publishers, and platforms that exploit their music.

Music licensing disputes. Disagreements over the scope of a music licence — including the permitted uses of licensed music, the applicable fee or royalty rate, and the territory and duration of the music licence — are a growing area of music industry legal conflict as music distribution models continue to evolve across streaming, sync, and other formats.

Unauthorized use of music. The unauthorized use of copyrighted music — including uncleared samples, unlicensed synchronization of music in film and video, and unauthorized reproduction of music recordings — is a persistent and consequential legal issue for music rights holders in Canada.


Frequently Asked Questions

What does a music lawyer do? A music lawyer assists recording artists, music producers, composers, record labels, music publishers, and music licensing companies with the legal aspects of creating, protecting, distributing, and monetizing music. A music lawyer helps music industry professionals understand what rights they own in their music, review and negotiate music industry contracts before signing, maximize their royalty income across all revenue streams, and resolve disputes that arise in the course of a music career or music business. At DOBRMAN, our music law practice serves recording artists, producers, and music businesses at every stage of their careers and operations across Canada.

Who owns the copyright in a song I wrote in Canada? Under Canadian copyright law, the copyright in a musical composition generally belongs to the author or authors of the work from the moment it is created. Where a song is co-written, the co-authors share the copyright in proportions that reflect their respective contributions unless otherwise agreed in writing. The copyright in the sound recording of a song is held separately and generally belongs to the maker of the recording — typically the record label.

What are neighboring rights and am I entitled to them as a Canadian musician? Neighbouring rights in Canada give performers and sound recording makers the right to equitable remuneration when their music recordings are broadcast on radio or publicly performed in Canada. Canadian musicians who perform on commercially released recordings may be entitled to neighbouring rights payments that they are not currently collecting.

Do I need a music lawyer to review my recording or publishing agreement? Music recording and publishing agreements are among the most complex and consequential contracts in the music industry. The terms of a music recording or publishing deal — including the scope of the rights granted, the royalty rates, advances, and the term and territory of the agreement — can have a lasting impact on a music creator's career and income.

Does DOBRMAN work with independent musicians and emerging music artists? Yes. DOBRMAN provides music law counsel to recording artists, music producers, and music businesses at every stage — from emerging independent artists navigating their first music contracts to established music industry professionals and music companies requiring ongoing legal support.

This information is for education and entertainment purposes only. It is not intended to be legal, business, or other professional advice to be relied on. Do not make or refrain from any decisions on the basis of this information. Please contact us to receive advice from a qualified lawyer. View our Terms of Service for more information. 

RELaTED SERVICES

Media Release
An authorization to use a person's publicity rights for commercial purposes.
Production Agreement
A contract with a production company to produce an entertainment project.
Talent Agency Agreement
A contract between talent and a talent agent governing the agent's procurement of engagements on the talent's behalf.
Talent Management Agreement
A contract between talent and a manager governing the management of the talent's career.
Record Deal
A contract between a recording artist and a record label governing the exploitation of recorded music.
Contract Review
A legal review of a contract to identify risks, ambiguities, and unreasonable terms.
Copyright Application
A registration that creates a public record of copyright ownership in an original work.
Trademark Application
An application to secure exclusive rights to use a brand across Canada.
Publishing Agreement
A contract in which a creator grants a publisher rights in their work in exchange for compensation.
DMCA Takedown Request
A request filed with a US-based platform to remove infringing content.
Independent Contractor Agreement
An agreement to hire an independent service provider.
Employment Agreement
An agreement to establish the employer-employee relationship.
License Agreement
An agreement to grant rights to a third party without a transfer of ownership.
Incorporation
A government filing to form a new corporation.

RElaTED ARTICLES

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