keysig or a music lawyer: when you need which

The short version

keysig is a self-help tool for drafting, e-signing and storing thirteen common music agreements, such as split sheets, producer agreements and sync licenses. A music lawyer is a licensed attorney who can advise you on your own situation, draft or review an agreement for your deal, negotiate it, and help when a deal turns into a dispute. keysig is not a law firm and does not give legal advice, so it does not stand in for a lawyer. Many people use both: keysig for everyday paper, and a lawyer for large or unusual deals and for a review of any agreement that matters to them.

What does each one do?

In keysig you pick a template, answer its questions one at a time, and keysig puts your answers into the agreement. You send it for e-signature, each signer gets an email with a signing link and can sign without a keysig account, and the signed PDF is stored in your account. Every keysig agreement states that keysig is not a law firm and that it should be reviewed by qualified counsel before signing.

A lawyer works for you. Under the American Bar Association's Model Rule 1.2(c), a lawyer may limit the work to one part of a matter when that is reasonable and you give informed consent, which is how a review of a single contract works. California Lawyers for the Arts, a State Bar certified referral service, lists contract drafting, contract review and contract negotiations among the matters it refers, and runs a mediation and arbitration service for disputes.

How is each one priced?

keysig is in private preview and not taking payments yet. Its launch prices: Free at $0 with one credit in total, Pro at $7.99 a month with 10 credits each billing month, and Pro Annual at $79.99 a year with 120 credits. A credit is one send for e-signature, or one download of an unsigned draft. Drafting is unlimited on every plan, downloading a signed agreement is free, and a signature request that ends unsigned gets its credit back. More in Credits and plans.

Lawyers' fees vary by lawyer, by region and by the work. ABA Model Rule 1.5 says a fee must be reasonable, weighing factors such as the lawyer's experience and the fee customarily charged in the locality. The State Bar of California names the common arrangements: a fixed fee for routine matters, an hourly fee, a retainer, and a contingency fee, which it says is often used when someone is being sued. In California, a fee agreement must be in writing when the total expense is expected to pass $1,000 (Business and Professions Code 6148). For scale in one state, California Lawyers for the Arts tells people that attorney fees "can be anywhere from $150 per hour to $600 per hour (or more)."

How do they compare?

When a music lawyer fits

• Record deals and publishing deals. keysig does not draft either. Its guides to record deals and publishing and admin deals explain the terms and say to have an entertainment attorney review one before you sign.
• Large advances and long terms. An advance against your future earnings, or ownership of masters or songs for years.
• A dispute. Someone has not paid, a split is contested, or your work was used without permission. keysig does not take sides or represent anyone.
• Anything unusual. Terms a template does not ask about, more than one country's law, or paper the other side's lawyer drafted.
• A deal keysig does not draft, such as a distribution agreement, a booking agent agreement or a band partnership.

When keysig fits

keysig is built for everyday deals: a split sheet after a session, a producer agreement for a beat, a feature, a session player, a sync license, an NDA, an invoice. It gets the terms down in plain language, signed by both sides, with the signed copy kept in your account. If you are not sure which agreement a deal calls for, start with What agreement do I need?.

How do you use both?

Draft the agreement in keysig, then download it as a Word (.docx) file from the agreement's actions and send that to your lawyer. The Word copy carries the agreement's text line for line, with a DRAFT mark and the not-a-law-firm note in the header and footer. Downloading an unsigned draft uses one credit, PDF or Word.

keysig does not read a marked-up file back in. While the agreement is still a draft, you make your lawyer's changes in the editor's Edit view (see Editing an agreement), then send it for signature. Once it is out for signature the text is locked, and taking the request back returns it to a draft.

Common questions

Is keysig a law firm?

No. keysig is not a law firm and does not provide legal advice. It gives you plain-language agreement templates as a starting point. A template is not tailored to your situation, and keysig recommends having any agreement that matters to you reviewed by a lawyer before you sign.

Does keysig replace a music lawyer?

No. keysig drafts, sends and stores agreements from its templates. It cannot tell you whether a term is right for you, negotiate, or act for you in a dispute.

How do music lawyers charge?

Usually by the hour, a fixed fee for a defined task, or a retainer, at rates that vary by lawyer and region. ABA Model Rule 1.5 says the basis or rate of the fee should be communicated to you, preferably in writing, before or soon after the work begins. Ask before any work starts.

Can a lawyer review just one clause?

You can ask, but California Lawyers for the Arts calls reading one paragraph on its own unrealistic, because a clause has to be read in the context of the whole agreement. Send the full agreement.

Where can I find a music lawyer if money is tight?

Volunteer Lawyers for the Arts in New York offers staff attorney consultations, pro bono clinics at law firms, and volunteer attorneys for complex matters. California Lawyers for the Arts offers pro bono or reduced fee referrals depending on income, and charges a modest administrative fee. The ABA's Lawyer Referral Directory lists state and local bar referral services, and in California a certified service arranges a first consultation for a reduced fee or none.