What They'll Never Tell You About the Music Business: The Myths, the Secrets, the Lies (& a Few Truths)
“For someone on the way up, this book is a must; for everyone else, it’s a bible.”—Danny Strick, co-President, SonyATV Music Publishing, Inc.\ \ This completely revised and expanded edition of What They'll Never Tell You About the Music Business is a must-have reference not only for aspiring songwriters, record producers, and performing artists but also for record company executives, personal and business managers, agents, and attorneys. You’ll learn: \ *How the Internet has...
Search in google:
“For someone on the way up, this book is a must; for everyone else, it’s a bible.”—Danny Strick, co-President, SonyATV Music Publishing, Inc. This completely revised and expanded edition of What They'll Never Tell You About the Music Business is a must-have reference not only for aspiring songwriters, record producers, and performing artists but also for record company executives, personal and business managers, agents, and attorneys. You’ll learn: *How the Internet has affected every aspect of the music business, from copyright and royalty issues to censorship*How many musicians have seized do-it-yourself Internet opportunities to create successful business models*How satellite radio, digital jukeboxes, and video games are affecting the music market*How artists can maximize their chances for long-term financial health*How the royalty pie is sliced—and who gets the pieces*What snares and pitfalls to avoid when signing an employment contract*And much more. “The music business is complicated, and this book is very helpful in deciphering its pitfalls, opportunities, and challenges.”—Clive Davis, Chief Creative Officer, Sony Music Entertainment Worldwide “Thall’s book simplifies a complicated business, and it provides the reader with knowledge that otherwise is available only to those on the inside.”—Scott Francis, President, Warner/Chappell Music and Chairman & CEO, Warner/Chappell Music U.S. “Whoever reads this book is getting expert advice from one of the most respected and knowledgeable players in the music industry today. I wish this book was available when I was looking to begin my career in the music business.”—David Renzer, Chairman & Chief Executive Officer, Universal Music Publishing Group "Intelligent and accessible—rich in references, but easily understandable."—David Geffen “A clear contender for the one indispensable work on the topic, this book delivers the goods. There is no one involved in the music business who will not learn and benefit from this ambitious work.”—New York State Bar Association
Preface ixAcknowledgments xii1 Introduction 1Selecting the Right Attorney 2Personal Representation 3Deal Makers: Why You Need Them 4Deal Blockers: How to Get Past Them 5Staying the Course or Calling It Quits 62 Investors: The High Costs of Low Finance 8The Costs of Being Heard 8Of Investors and Investment Agreements 9Finding the Money 9Internet-Specific Offerings 12The Safe Harbor Disclaimer 13Getting the Right Advice 13Paying it Back 13Overcalls and Conversions 15Commissions 15Should He Who Pays the Piper Call the Tune? 163 Advances: Why They Seem a Lot Like Loans (and Vice Versa) 17A Sad Story and a Happy Story About Advances 18Is One Person's Money Another Person's Motivation? 204 Royalties: Some Unvarnished Truths 22How the Royalty Pie Is Sliced and Who Gets the Pieces 23Recording Costs 24Payment on Less Than 100% of Records Sold 26"New" Technology? 26"Special" Categories 27Two Diabolical Deduction Devices 29Reducing Mechanical Royalties 31Special Issues Regarding Controlled Compositions 32The Beat Goes On: Other Important Deductions 33Prepayment of Royalties 36The Myth of Royalty Escalations 37Free Goods 38Lost or Misplaced Royalties 39Chipping Away at Post-Term Royalties: Synchronization Licenses 39Accountings, Audits, and the Statute of Limitations 40How Responsible Should Record Companies Be? 42The Effects of Digital Downloading on Pricing and Royalties 435 Personal Management: The Whys, Wherefores, and Watch Outs 49What a Personal Manager Should (and Should Not) Be Expected to Do 50Managing the Five Stages of an Artist'sCareer 51Remakes 54KMMA Keep My Music Available-At All Costs 55Choosing Your Manager 59The Question of Clout 60Paying Your Manager 62The Term of the Agreement 67Extending or Terminating an Artist-Manager Relationship 67Breach of Contract in Artist-Manager Agreements 726 Managing Your Business and Your Financial Future: When "Show Me the Money" Isn't Enough 74What a Business Manager Does 75Finding the Right Person 75Certified Public Accountants 75Auditing the Auditor 77What Kind of Business is Being Managed? 77Should You "Do Business As" or Form a Partnership? 78Money Means Options: Resisting the "Keep 'Em Poor" Philosophy 84Managing Your Money 85Making It and Saving It 897 When Your Jon Is More than a Gig: Employment Agreements and Disagreements 93Term of Employment 93Duties 93Reporting Lines 94Confidentiality and Competition 95Stock Options 97Perks 98Termination 99Relocation and Re-Relocation 102Visas 103Disability and Death 103Provisions That Survive Termination 103Vacations 104Release and Settlement 105Employment Issues Specific to the Music Industry 105Variations of Royalty Calculations 107Employment Agreements with Celebrities and Others Otherwise Engaged 110Mail 111The Ownership of Ideas 1118 Record Producers: Are They as Sharp as Their Points? 113How 25% Can Equal 100% 113Cross-Collateralization: It Does Not Apply to the Producer 115Producers' Royalty Provisions: The Basics 116The Producer as Author of the Sound Recording 122Producers and Neighboring Rights 1239 Getting Your Record Heard: A Practical Guide to Marketing and Promotion 125Marketing Tools 125The Goal-Oriented Campaign 126The Record Contract 128Do Record Companies Know What They Are Doing? 132Victim or Victor? 133Television Campaigns 134Radio Promotion 134Airplay and Payola 135The Same Old Song (Only the Coda Is New) 138The Beginning of the End? 140A Brief Look at the Promotional Picture-From the Artist's Point of View 14110 Touring concerns: Trials and Tribulations 143The Club Tour 143The Grand Tour 14411 Merchandising: Your Band; Your Brand 160Tour Merchandising 160Retail Merchandising 169Confidentiality 173Compliance with Local Laws 173End-of-Term Inventory and Sell-Off 174Artwork and Photographs 174Coupling 175Life and Disability Insurance 175Piracy 176Audits 17712 Audits: Truth or Consequences 178Examining the Audit 178The Flow of Money 181Access to Registration Information 182The Black Box or "Something Is Abyss Here" 182Television Campaigns 183Interest Charges 183Statutes of Limitations 184Conducting Audits In Foreign Countries 185A Few Practical Suggestions 186The Right to Audit: A Contract Issue 18813 Music Publishing: The Odyssey of the Song 190What Is a Music Publisher-and What Does It Publish? 190Copyright: A Bundle of Intangibles 192Financial Secrets and Realities 195Mechanical Royalty Rates Outside of the United States 197Top Gun-A Top Buyout for Paramount 198The Administrating Function 200Family Ties (Too Close to Sue) 201When Your Publisher Forgets You 202Foreign Taxes 203At-Source Versus Receipts Deals 204The Black Box Revisited 205Copyright Reversions 20614 When Rodgers Meets Hammerstein: Determining Songwriter Credits 208Cowriting Agreements 208Cowriters Who Are Band Members 20915 Being Your Own Music Publishing Company: Pros and Cons 213Self-Publishing 213Getting in Touch with the Copyright Office 214Why Bother Doing It Yourself? 218Acquiring Copyrights 219Reversion of Copyrights 219The Value of the Copyright 221The Impact of Administrating Costs on True Earnings 222The Cost of Giving Away a "Piece" of the Publishing 22316 Internet Entrepreneurship: Doing it Yourself 224Competing with the Big Boys 224Artist, Songwriter, Performer-and E-Commerce Expert? 225Making a Living 226Stealing and Protecting Against It 227Do's and Don'ts of Internet Entrepreneurship 227Manufacturing and Distribution 229Podcasting 229Instantaneous Dissemination of Live Performances 230Creating a Website 230Which People Should Do It Themselves? 231A Word of Warning-And Encouragement 23217 Lost, Misplaced, Neglected, and Abandoned: Royalty Opportunities You Were Never Told About 233An Introduction to Neighboring Rights 233Broadcast Mechanicals 234Neighboring Rights in Our Own Backyard: Canada 235Lost, Misplaced, Neglected, Or Abandoned: Which Category Are Your Royalties In? 236Show Me the Money 239Two Neighboring Rights-Friendly Countries: The U.K. and the Netherlands 23918 Urban Music: The Beat Goes On 242Roots 242The Milieu 242Urban Music: The Producer's Cosmos 244Different Strokes For Hip-Hop Folks 244Rap as Protest 246The Importance of the Mix 247Career Ceilings 247Hip-Hop and Pop Culture 247Business Management and the Management of Business 248The Changing Image 249Contractual Issues 249The Rap Coalition: Self-Help Exemplified 250Hip-Hop Rules 25119 Classical Music: Dead or Alive? 252A Little History 252Demise or Rejuvenation? 253An Essential for Success: Spirituality 257New Life for an Old Genre 258The CD Arrives: Both a Blessing and a Curse 259The Internet: Is It the Answer? 260The Role of Record Companies 262The Composer-Artist: Special Considerations 265Classical Management 266Presenting the Singer 269Music Education 27020 Termination of Grants Of Copyrights: For Every End, a Beginning 273Basic Term of Protection 273Termination of Grants 273"K-K-K-Katy" 274Duration of Copyright: Subsisting Copyrights 274Who Can Terminate 275The Control of Termination Decisions 275The Rights Granted 275The Windows for Termination 276When Automatic Renewal Applies 277The Sonny Bono Term Extension Act 277Keeping Records 277The Technical Requirements for Termination 27821 Compliance With Copyright Laws: Hints for the Corporate Counsel 279Intangible Rights and the Internet 279Licensing From Music Publishers and Sound Recording Owners 280Copyright Provisions Applicable to the Internet 282Term of Copyright 284Sampling, Borrowing, and Stealing 284Rights Management 285Dangerous Language Alert 285Music Clearance: The Music Industry's Revenge 286International Issues: One-Stop Shopping 28722 Catalogue Valuation: How to Improve Your Odds at Winning Big 289Factors in Valuing Catalogues: An Overview 290Evaluating Data 293Who Owns the Catalogue? 296Termination Issues 297The "Trunk" 297Who's Sorry Now? The Blackbird 29823 Copyright Issues: A Sampler 300Changing Copyright's Image 300Copyright Infringement 301Sampling 304The Impact of the Internet on Recording and Publishing Agreements 306The Internet Is Global: So What? I'll Tell You What 308What Is to Be Done? 309The Fairness in Music Licensing Act 312The Copyright Term Extension Act: A Lesson in Leverage 312MP3: How Two Letters and a Numeral Terrorized an Entire Industry 313Napster and Post-Napster 31324 Copyright: Can't Live With It-Can't Live Without It 315Battles or Battle-Axes 315Copyleft (aka Copy Wrong), But Not Copyright 317The Clearance Nightmare 321Copyright and Personal Property 324Misuse of Copyright 325Some Suggested Solutions 326Index 331
