WHY EVERY MUSICIAN NEEDS A TRUST TO PROTECT THEIR ROYALTIES AND LEGACY
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Musicians spend years creating songs that outlive them. Yet when those songs start generating real money through streaming, licensing, or publishing, many artists discover too late that their estate plans weren’t built to handle ongoing royalties or complex intellectual property rights.At Buscher Law, we help musicians, producers, and rights holders secure their creative legacies through modern estate planning tools (especially trusts) designed for the realities of the music business.
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1. ROYALTIES DON’T STOP WHEN YOU DO
Unlike most income streams, music royalties can last for 70 years after an artist’s death under U.S. copyright law. Every quarter, royalty checks arrive from performing rights organizations (like ASCAP, BMI, SESAC), publishers, labels, and streaming platforms.
If these royalties are paid into your estate, your executor/personal representative may have to keep the estate open until royalties are no longer being paid. That means ongoing court filings, taxes, delays in distribution to heirs, and the risk of mismanagement.
A trust solves this by holding your intellectual property outside of probate. When you pass, royalty payments flow directly into the trust. This ensures your loved ones receive consistent income without years of court oversight.
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2. KEEP CONTROL OVER YOUR MUSIC​
Without clear direction, your copyrights and royalties can become tangled in probate disputes. A trust allows you to:
• Designate who manages your catalog and who receives the income.
• Provide detailed instructions about licensing, reissues, and unreleased material.
• Appoint a trusted music fiduciary (someone who understands the industry) to oversee your rights alongside the trustee.
This structure keeps creative control with the people you trust, not a court-appointed administrator.
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3. SIMPLIFY TAXES AND AVOID DELAYS
When an estate stays open for years, the executor must file annual tax returns, track new royalties, and issue checks to beneficiaries. It’s inefficient and costly.
A trust can continue operating like a business — collecting royalties, managing IP rights, and distributing income smoothly. That reduces administrative burden and often saves substantial legal and accounting costs over time.
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4. PROTECT PRIVACY AND BUSINESS RELATIONSHIPS
Probate is a public process. Anyone can access court filings, including financial statements, royalty valuations, and beneficiary names. A trust, however, operates privately, shielding your heirs and catalog details from public view and potential exploitation.
For artists with valuable brands or stage names, privacy isn’t just about discretion — it’s about protecting long-term brand equity.
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5. PLANNING FOR CATALOG SALES OR REVERSION RIGHTS
Modern artists often have opportunities for catalog sales, royalty advances, or copyright reversion under Section 203 of the Copyright Act. A trust can be drafted to anticipate these changes, empowering trustees to negotiate deals or reinvest proceeds for your beneficiaries.
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HOW BUSCHER LAW CAN HELP
At Buscher Law, we design artist-centered estate plans that align with your financial goals and creative vision. Whether you’re an independent songwriter or a multi-platinum producer, we can:
• Create a Music Legacy Trust tailored to your catalog
• Form a music holding company (LLC) to streamline royalty management
• Integrate your publishing, trademarks, and licensing agreements into one cohesive plan
• Protect your IP with Trademarks, Patents, or Copyrights
Your music is more than a career. It’s your legacy. A properly structured trust ensures it continues to support the people and causes you care about most.
Ready to protect your royalties and legacy? Contact Buscher Law today to schedule a confidential consultation about creating a Music Legacy Trust.