The Musician's Legal Companion
Don't sign a recording contract before reading this book! The Musician's Legal Companion, Second Edition gets to the core of the legal issues you need to know about, in clear, straightforward language. Here you'll find easy-to-comprehend explanations of the four main contracts used in the music business: recording artist, songwriter, artist management, and performance. You'll also discover how to make the relationship with your current or future attorney more fruitful and cost-effective. This...
Search in google:
Don't sign a recording contract before reading this book! The Musician's Legal Companion, Second Edition gets to the core of the legal issues you need to know about, in clear, straightforward language. Here you'll find easy-to-comprehend explanations of the four main contracts used in the music business: recording artist, songwriter, artist management, and performance. You'll also discover how to make the relationship with your current or future attorney more fruitful and cost-effective. This new edition includes expanded coverage of topics such as the use of independent producers, 360° agreements, distribution and marketing agreements, how radio and other media fit into an artist's career, film and television agreements, digital distribution, name and likeness agreements, merchandising agreements, and much, much more. With more than 25 years in the music business as a lawyer, educator, and writer, interacting with many musicians both personally and professionally, Michael A. Aczon shares the many lessons he's learned and takes you on a journey to a better legal understanding of the entertainment industry and your music career.
Introduction ixPre-Production 1How to Use This Book 3Companion Questions 10A Legal Primer 11Personal Rights 13Property Rights 14Trademark and Copyright 17Contract Rights 20Specialties 21Companion Questions 21The Four Agreements 23Songwriting and Music Publishing Agreements 25Creative Considerations 28Collaboration 29Work For Hire 32Sources of Income 32The Writer-Publisher Agreement 36What Is Included in the Catalog? 37Who Owns What? 38Administration Rights 39Songwriting Commitment 39Advances and Recoupments 40Theme Variations: Timing Your Publishing Deal 43Reversions, Revisions, and Restrictions 43Sample Clearance Agreement 45Companion Questions 46Recording Artist Agreements 49Background Material 51Exclusive versus Non-exclusive 56Contract or Lockdown? 58Creative Control 59Promotional Commitments 60Royalties and Advances 61Recoupable Costs 62Royalties Revisited 63Alternatives: Independent Record Companies 64Alternatives: Production Agreements 65Alternatives: Development Deals 65Companion Questions 67Artist-Management Agreements 69Development 71Paying the Piper 75Packaging 77Industry Promotion 79Expansion 81The Exit Plan 82Major Contract Points 82Companion Questions 87Performance Agreements 89Scope of Performance 91Where and When? 92Passing the Hat 92Travel and Accommodations 94Contract Riders 95Liability to Your Audience 96No-Show Penalties 97Merchandising 98Ancillary Audio Visual Products 99Personnel 100Side Musicians 101Agents 102Other Personnel 103Promoters as the "New" Major Labels 104Companion Questions 104Business as Usual 107Business Entities 109Going It Alone 112Partnerships: All for One, One for All 114Corporations and Limited Liability Companies 115Joint Ventures 116Non-profit Corporations 117Deconstruction 118Get It in Writing 118Companion Questions 124Other People's Money 125The Five Financial Fallacies 128Preparing for an Investor 130Characterizing the Cash 133Companion Questions 137Dispute Resolution 139Assess the Damage 141Remedies 141Self-Help 143Mediation 144Arbitration 145Small Claims Court 145Litigation 146Heading Off Trouble 147Companion Questions 147Side Deals 149Declaration of Independents: A Self-Release Checklist 151Artist Agreements 153Artwork 154Consignment Agreements 154Consulting Agreements 155Copyright Filings 155Courtesy Letters 156Distribution Agreements 156Manufacturing and Printing Agreements 158Master Licenses for Compilations 158Mechanical Licenses 159Money Agreements 159Musician/Vocalist/Model Releases 160Music Publishing 160Performance Rights Organizations 161Producer Agreements 161Promotion Agreements 162Publicity Campaign Agreements 163Samples 163Studio Agreements 165Trademarks 165Conclusion 166Distribution and Promotions Agreements 167A Distribution Primer 167Physical versus Digital Products 169Physical Distribution Contract Points 170Digital Distribution Contract Points 173Promotions Agreements 175Care and Feeding of Your Entertainment Lawyer 179Lawyer Shopping 179Maintenance 180Specialties Within a Specialty 184Epilogue: Lessons Learned 189Surround Yourself with Talent 189The Artist Is Your Access 190Don't Wear Out Your Welcome 190Prepare Yourself Before Diving into the Industry 191Keep Learning and Teach by Example 192Take Some Chances 192Your Chosen Family Is Everything 193Glossary 195Index 201
