Book
$28.50Contents
- Contents
- Preface x
- Acknowledgments xiv
- 1 • Introduction 1
- Selecting the Right Attorney 2
- Personal Representation 3
- Deal Makers: Why You Need Them 4
- Deal Blockers: How to Get Past Them 5
- Staying the Course or Calling It Quits 6
- 2 • Investors The High Costs of Low Finance 8
- The Costs of Being Heard 8
- Of Investors and Investment Agreements 9
- Finding the Money 9
- Internet-Specific Offerings 12
- The Safe Harbor Disclaimer 12
- Getting the Right Advice 13
- Paying It Back 13
- Overcalls and Conversions 14
- Commissions 15
- Crowdfunding 15
- Should He Who Pays the Piper Call the Tune? 16
- A Backer Who Knows What He’s Doing 16
- 3 • Advances Why They Seem a Lot Like Loans (and Vice Versa) 18
- A Sad Story and a Happy Story About Advances 19
- Is One Person’s Money Another Person’s Motivation? 21
- 4 • Royalties Some Unvarnished Truths 22
- How the Royalty Pie Is Sliced and Who Gets the Pieces 23
- Recording Costs 24
- United States CD Album Royalty Calculation 25
- Payment on Less than 100% of Records Sold 26
- “New” Technology? 26
- “Special” Categories 27
- Two Diabolical Deduction Devices 30
- Reducing Mechanical Royalties 31
- Special Issues Regarding Controlled Compositions 32
- The Beat Goes On: Other Important Deductions 33
- Prepayment of Royalties 36
- The Myth of Royalty Escalations 37
- Free Goods 37
- Lost or Misplaced Royalties 39
- Chipping Away at Post-Term Royalties: Synchronization Licenses 39
- Accountings, Audits, and the Statute of Limitations 40
- How Responsible Should Record Companies Be? 42
- The Effects of Digital Downloading on Pricing and Royalties 43
- 360 “Deals” 50
- The Digital Evolution 57
- 5 • Personal Management The Whys, Wherefores, and Watch Outs 65
- What a Personal Manager Should (and Should Not) Be Expected to Do 66
- Managing the Five Stages of an Artist’s Career 67
- Remakes 70
- KMMA: Keep My Music Available—At All Costs 71
- Choosing Your Manager 74
- The Question of Clout 75
- Paying Your Manager 78
- The Term of the Agreement 82
- Extending or Terminating an Artist-Manager Relationship 83
- Breach of Contract in Artist-Manager Agreements 87
- 6 • Managing Your Business and Your Financial Future 88
- When “Show Me the Money” Isn’t Enough 89 What a Business Manager Does 90
- Finding the Right Person 90
- Certified Public Accountants 90
- Auditing the Auditor 92
- What Kind of Business Is Being Managed? 92
- Should You “Do Business as” or Form a Partnership? 93
- Money Means Options: Resisting the “Keep ’Em Poor” Philosophy 98
- Managing Your Money 99
- Investing: Is Anyone in Charge Here? 100
- Making It and Saving It 103
- 7 • When Your Job Is More than a Gig Employment Agreements and Disagreements 108
- Term of Employment 108
- Duties 108
- Reporting Lines 109
- Confidentiality and Competition 110
- Stock Options 112
- Perks 113
- Termination 114
- Working in a Foreign Land 117
- Relocation and Re-Relocation 118
- Visas 118
- Disability and Death 118
- Provisions That Survive Termination 119
- Vacations 119
- Release and Settlement 120
- Employment Issues Specific to the Music Industry 120
- Variations of Royalty Calculations 122
- Employment Agreements with Celebrities and Others Otherwise Engaged 125
- Mail 126
- The Ownership of Ideas 127
- 8 • Record Producers Are They as Sharp as Their Points? 128
- How 25% Can Equal 100% 128
- Cross-Collateralization: It Does Not Apply to the Producer 130
- Producers’ Royalty Provisions: The Basics 131
- The Producer as Author of the Sound Recording 138
- Producers and Neighboring Rights 138
- 9 • Getting Your Record Heard A Practical Guide to Marketing and Promotion 141
- Marketing Tools 141
- The Goal-Oriented Campaign 143
- The Record Contract 145
- Do Record Companies Know What They Are Doing? 149
- Victim or Victor? 149
- Television Campaigns 150
- Radio Promotion 151
- Airplay and Payola 152
- The Same Old Song (Only the Coda Is New) 156
- The Beginning of the End? 157
- A Brief Look at the Promotional Picture—from the Artist’s Point of View 159
- 10 • Touring Concerns Trials and Tribulations 161
- The Club Tour 162
- The Grand Tour 163
- Sample Tour Budget 164
- Private Charter 172
- Elements of Touring Agreements: Commonalities and Idiosynchrasies 177
- 11 • Merchandising Your Band, Your Brand 181
- Tour Merchandising 181
- Retail Merchandising/Web Merchandising 189
- Confidentiality 193
- Compliance with Local Laws 194
- End-of-Term Inventory and Sell-Off 194
- Artwork and Photographs 195
- Coupling 195
- Life and Disability Insurance 196
- Piracy 196
- Audits 197
- 12 • Audits Truth or Consequences 198
- Examining the Audit 198
- The Flow of Money 201
- Access to Registration
- Information 202
- The Black Box or “Something Is Abyss Here” 202
- Television Campaigns 203
- Interest Charges 203
- Statutes of Limitations 204
- Conducting Audits in Foreign Countries 205
- A Few Practical Suggestions 206
- The Right to Audit: A Contract Issue 208
- 13 • Music Publishing The Odyssey of the Song 210
- What Is a Music Publisher—and What Does It Publish? 210
- Copyright: A Bundle of Intangibles 212
- Financial Secrets and Realities 215
- Mechanical Royalty Rates Outside of the United States 219
- Top Gun—a Top Buyout for Paramount 219
- The Administrating Function 221
- Family Ties (Too Close to Sue) 222
- When Your Publisher Forgets You 223
- Foreign Taxes 224
- At-Source Versus Receipts Deals 225
- The Black Box Revisited 226
- Copyright Reversions 227
- 14 • When Rodgers Meets Hammerstein Determining Songwriter Credits 229
- Cowriting Agreements 229
- Cowriters Who Are Band Members 231
- 15 • Being Your Own Music Publishing Company Pros and Cons 234
- Self-Publishing 234
- Getting in Touch with the Copyright Office 235
- Why Bother Doing It Yourself? 239
- Acquiring Copyrights 239
- Reversion of Copyrights 240
- The Value of the Copyright 241
- The Impact of Administrating Costs on True
- Earnings 243
- The Cost of Giving Away a “Piece” of the Publishing 243
- 16 • Internet Entrepreneurship Doing It Yourself 245
- Competing with the Big Boys 245
- Artist, Songwriter, Performer—and E-Commerce
- Expert? 246
- Making a Living 247
- Stealing and Protecting Against It 248
- Dos and Don’ts of Internet Entrepreneurship 248
- Manufacturing and Distribution 250
- Kickstarting Your Career 251
- Podcasting 252
- Instantaneous Dissemination of Live Performances 253
- Creating a Website 253
- Which People Should Do It Themselves? 254
- A Word of Warning—and Encouragement 255
- 17 • Lost, Misplaced, Neglected, and Abandoned Royalty Opportunities You Were Never Told About 257 An Introduction to Neighboring Rights 257
- Broadcast Mechanicals 259
- Neighboring Rights in Our Own Backyard: Canada 259
- Lost, Misplaced, Neglected, or Abandoned: Which Category Are Your Royalties In? 260
- Show Me the Money 263
- Two Neighboring Rights–Friendly Countries: The UK and the Netherlands 263
- Neighboring Rights Collections Agencies 264
- Performing and Other Obscure Rights in Sound Recordings 266
- 18 • Urban Music The Beat Goes On 269
- Roots 269
- The Milieu 270
- Urban Music: The Producer’s Cosmos 271
- Different Strokes for Hip-Hop Folks 271
- Rap as Protest 274
- The Importance of the Mix: Mixtapes 274
- Career Ceilings 275
- Hip-Hop and Pop Culture 275
- Business Management and the Management of Business 275
- The Changing Image 276
- Contractual Issues 277
- The Rap Coalition: Self-Help Exemplified 278
- Hip-Hop Rules 279
- 19 • Classical Music Dead or Alive? 281
- A Little History 281
- Demise or Rejuvenation? 282
- The Metropolitan Opera 286
- An Essential for Success: Spirituality 287
- New Life for an Old Genre 289
- The CD Arrives: Both a Blessing and a Curse 289
- The Internet: Is It the Answer? 290
- The Role of Record Companies 292
- The Composer-Artist: Special Considerations 296
- Classical Composers and their Publishers: Some Pitfalls and Some Options 297
- Classical Management 301
- Presenting the Singer 304
- Music Education 305
- 20 • Termination of Grants of Copyrights For Every End, a Beginning 308
- Basic Term of Protection 308
- “K-K-K-Katy” 309
- Termination of Grants 309
- Duration of Copyright: Subsisting Copyrights 309
- Who Can Terminate 310
- The Control of Termination Decisions 310
- The Rights Granted 310
- The Windows for Termination 311
- When Automatic Renewal Applies 312
- The Sonny Bono Term Extension Act 312
- Keeping Records 312
- The Technical Requirements for Termination 313
- 21 • Compliance With Copyright Laws Hints for the Corporate Counsel 317 Intangible Rights and the Internet 317
- Licensing From Music Publishers and Sound Recording Owners 318
- Copyright Provisions Applicable to the Internet 320
- Term of Copyright 322
- Sampling, Borrowing, and Stealing 322
- Rights Management 323
- Dangerous Language Alert 323
- Music Clearance: The Music Industry’s Revenge 324
- International Issues: One-Stop Shopping 325
- So Your Corporation Has Also Decided to Become Adventurous? 326
- 22 • Catalogue Valuation How to Improve Your Odds at Winning Big 327
- Factors in Valuing Catalogues: An Overview 328
- Satellite Radio, Internet Radio, Mobile Phone Streaming, and HD Radio 329
- Evaluating Data 331
- Who Owns the Catalogue? 336
- Termination Issues 337
- The “Trunk” 337
- Who’s Sorry Now? The Blackbird 338
- 23 • Copyright Issues A Sampler 339
- Changing Copyright’s Image 339
- Copyright Infringement 341
- Sampling 346
- The Impact of the Internet on Recording and Publishing Agreements 348
- How the Internet Has Provided Context for Songwriters’ and Publishers’ Search for Equitable Treatment 350
- The Internet Is Global: So What? I’ll Tell You What 352
- What Is to Be Done? 354
- The Fairness in Music Licensing Act 356
- The Copyright Term Extension Act: A Lesson in Leverage 356
- MP3: How Two Letters and a Numeral Terrorized an Entire Industry 357
- Napster and Post–Napster 357
- The More Things Change, the More They Remain the Same (or Do They?) 358
- 24 • Copyright Can’t Live with It—Can’t Live Without It 360
- Battles or Battle-Axes 361
- Copyleft (aka Copy Wrong), But Not Copyright 362
- The Clearance Nightmare 366
- Copyright and Personal Property 369
- Misuse of Copyright 371
- Some Suggested Solutions 371
- 25 • Solving Piracy in the 21st Century How to Avoid a Greek Tragedy 376
- Illegal Downloading 377
- When an Apple Boomerangs 382
- When Culture Trumps Commerce 383
- Copyright Owners: Power (Not) to the People 384
- What Would the Greeks Do? 388
- Conclusion 389
- Index 391