Common Questions and Answers
Instructing Zayd
Q: What is a barrister and how is instructing one different from instructing a solicitor?
A barrister is a specialist advocate and legal adviser, trained to provide expert opinions, draft legal documents, and represent clients in court and other proceedings. Traditionally, barristers were instructed only through solicitors, but under the Public Access scheme, many barristers — including Zayd — can now be instructed directly by members of the public and businesses. The key distinction is that barristers typically provide focused, specialist counsel on specific legal issues, whereas solicitors tend to manage the broader conduct of a legal matter over time.
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Q: What is Public Access and can I instruct Zayd directly without a solicitor?
Yes. Zayd is a registered Public Access barrister, which means you can instruct him directly without needing to go through a solicitor first. This is often a more cost-effective route for clients who need specialist barrister advice on a specific issue, a contract review, or representation in proceedings. Public Access instructions are subject to the Bar Council's Public Access rules, and Zayd will always advise you at the outset if your matter is one where a solicitor's involvement would be in your best interests.
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Q: How do I instruct Zayd through a solicitor?
If you are already represented by a solicitor, they can instruct Zayd directly through his chambers in the usual way. Zayd works closely with solicitors across the entertainment and media sector and welcomes instructions on advisory, drafting, and litigation matters. If you are a solicitor looking to instruct Zayd, please contact his clerks directly.
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Q: What types of clients does Zayd work with?
Zayd advises a wide range of clients across the creative industries, including recording artists, songwriters, music producers, authors, screenwriters, film and television production companies, record labels, music publishers, broadcasters, talent managers, agents, promoters, venues, and digital content creators. He also advises high-profile individuals and entertainers on reputation and privacy matters.
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Q: Does Zayd only deal with large or high-value cases?
No. Whilst Zayd has experience on significant high-value matters, he also advises clients at every stage of their career — from emerging artists navigating their first recording deal to established creatives dealing with complex rights disputes. He believes that access to specialist entertainment law advice should not be reserved for those with the largest budgets, and he is happy to discuss the most appropriate and cost-effective way to assist with your matter.
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Q: What are Zayd's fees and how is he instructed on a cost basis?
Fees vary depending on the nature and complexity of the matter and the basis on which Zayd is instructed. He offers a range of fee arrangements, including fixed fees for defined pieces of work such as contract reviews or advisory opinions, hourly rates for ongoing matters, and brief fees for court appearances. All fee arrangements are discussed and agreed transparently at the outset. Please contact chambers for a fee estimate tailored to your specific matter.
Zayd Ahmed
A Barrister with all the answers to your legal questions
Copyright & Intellectual Property
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Q: Who owns the copyright in a piece of music?
Copyright in a musical work is typically owned by the composer or songwriter who created it, whilst copyright in a sound recording is generally owned by the person or entity that arranged for the recording to be made — often a record label. Where a work is created collaboratively, joint authorship and joint ownership may arise. However, ownership can be altered by contract — for example, through a recording agreement or publishing deal — and this is why it is so important to take specialist advice before signing any such agreement.
Q: I have discovered that someone is using my music without my permission. What can I do?
Unauthorised use of your music may constitute copyright infringement, and you may be entitled to seek an injunction to stop the infringing use, as well as damages or an account of profits. The first step is to gather evidence of the infringing use and seek specialist legal advice as quickly as possible. In some cases, a well-drafted cease and desist letter is sufficient to resolve the matter; in others, court proceedings may be necessary. Zayd can advise you on the strength of your position and the most appropriate course of action.
Q: Can I sample another artist's music in my own work?
Sampling without permission is a form of copyright infringement in the UK unless the sample is de minimis or falls within a recognised exception — and in practice, even very short samples have been found to infringe. To sample lawfully, you will generally need a licence from both the owner of the copyright in the original musical composition (typically the publisher) and the owner of the copyright in the sound recording (typically the record label). Zayd can assist with the clearance process or advise you on the risks associated with an unlicensed sample.
Q: What are moral rights and do they apply to my work?
Moral rights are rights that protect the personal and reputational connection between a creator and their work. In the UK, the key moral rights for authors and directors include the right to be identified as the creator of a work (the paternity right) and the right to object to derogatory treatment of a work. It is important to note that moral rights in sound recordings do not currently exist in UK law, and that moral rights can be waived by contract — which is common in the music and film industries. Zayd can advise you on your moral rights position and the implications of any waiver you are being asked to sign.
Q: What is the difference between a copyright licence and an assignment?
A licence gives another party permission to use your copyright work in a defined way, for a defined period, and/or in a defined territory, whilst you retain ownership of the copyright itself. An assignment is a transfer of ownership — once you have assigned your copyright, you no longer own it. Many entertainment contracts, particularly in the music industry, are structured as assignments rather than licences, which is why it is essential to understand exactly what you are agreeing to before you sign.
Zayd Ahmed
A Barrister with all the answers to your legal questions
Contracts & Deals
Q: I have been offered a record deal. What should I look out for?
A recording agreement is one of the most significant legal commitments an artist can enter into, and the terms can have a profound impact on your career for many years. Key issues to consider include the length of the contract and the number of albums committed, the royalty rates payable and how they are calculated, ownership of the master recordings, creative control provisions, reversion rights, and the label's obligations to release and promote your music. Zayd strongly advises any artist to take specialist legal advice before signing any record deal, regardless of how straightforward it may appear.
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Q: What is the difference between a recording agreement and a publishing deal?
A recording agreement relates to the sound recordings you make as a performing artist — it governs who owns the masters and how you are paid for sales and streams. A publishing deal relates to the underlying musical compositions you write — it governs who administers your songs, how your publishing rights are exploited, and how the resulting income is shared. Many artists will have both types of agreement simultaneously, and the two interact in important ways. Zayd can advise on both independently and in combination.
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Q: What is a 360-degree deal and should I be concerned about it?
A 360-degree deal — also known as a multiple rights deal — is a type of recording agreement in which the label takes a share not only of your recording income but also of other revenue streams such as touring, merchandise, endorsements, and publishing. These deals became increasingly common as record labels sought to offset declining physical sales revenue. Whether a 360-degree deal is appropriate depends heavily on the specific terms offered and the stage of your career. Zayd can advise you on whether the terms being proposed represent a fair commercial arrangement and where there is room to negotiate.
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Q: I signed a contract years ago and I am not happy with the terms. Can anything be done?
Possibly, yes. There are a number of legal avenues that may be available depending on the circumstances. These include challenging the contract on grounds of undue influence — a doctrine that has been applied successfully in the music industry — seeking to negotiate an early release or renegotiation of terms, or pursuing a claim for breach of contract if the other party has failed to meet their obligations. In some cases, reversion of rights clauses may also be relevant. Zayd can review your existing agreement and advise you on what options may be available to you.
Q: Do I need a written contract with my manager or can we operate on a handshake deal?
Whilst it is not a legal requirement for a management agreement to be in writing, operating without one leaves both parties in a highly uncertain position. Disputes about commission rates, the duration of the management arrangement, and post-term commission obligations are among the most common in the music industry, and they are significantly more difficult — and expensive — to resolve in the absence of a written agreement. Zayd strongly recommends that any management arrangement, however informal the relationship may feel, be properly documented from the outset.
Zayd Ahmed
A Barrister with all the answers to your legal questions
Reputation & Privacy
Q: Someone has made false statements about me online. What are my legal options?
If false statements of fact have been published about you that have caused or are likely to cause serious harm to your reputation, you may have a claim in defamation under the Defamation Act 2013. The options available to you include sending a formal legal complaint demanding a retraction and apology, seeking an interim injunction to prevent further publication, and bringing proceedings for damages. The appropriate course of action will depend on a number of factors, including who made the statement, where it was published, and the seriousness of the harm caused. Zayd can assess your position and advise on the most effective strategy.
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Q: Can I protect information about my private life from being published in the press?
In certain circumstances, yes. English law recognises the tort of misuse of private information, which can be used to prevent the publication of genuinely private information where your reasonable expectation of privacy outweighs any competing public interest in publication. In urgent cases, it may be possible to obtain an interim injunction to prevent publication before it occurs. However, these applications must be made quickly and the legal threshold is a high one. Zayd has experience advising clients on privacy matters and, where necessary, making urgent applications to the court.
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Q: What are image rights and are they protected under English law?
Image rights refer to the right to control the commercial use of your name, likeness, voice, and other identifying characteristics. Unlike some other jurisdictions — notably the United States — English law does not recognise a standalone image rights regime. However, protection can be obtained through a combination of legal mechanisms, including the law of passing off, trade mark registration, contractual provisions, and — in some cases — data protection law. Zayd advises clients on structuring their affairs to maximise the protection available to them under English law and on enforcement where unauthorised commercial use has occurred.
GOT MORE QUESTIONS
Contact Zayd at Zayd@Zayd-legal.co.uk if you have a query which you need answering.