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Overview

New, from the author of How to Make and Sell Your Own Recording—the book that revolutionized the recording industry!

A Music Business Primer explores the ecology of the music industry. The symbiotic partnership between music businesses and the creativity and talent of musicians and performers is clearly described, for without the contributions of both, there is no music industry.

A Music Business Primer contains chapters on how the business works, synopses of controversial industry lawsuits and incisive interviews with influential entrepreneurs such as Peter Gotcher, cofounder of Digidesign; Will Ackerman, cofounder of Windham Hill Records; and Wendy Day, founder of Rap Coalition.

The music industry is in a state of flux. Artists, nonprofit associations and industry businesspeople are challenging many of the provisions in major label recording contracts and those marketing and sales practices that choke consumer access to recordings and competition from independent labels. Free file sharing challenges all music businesses to find methods to satisfy the demands of the public for music without destroying the basic principle of copyright law: artists should be paid for their creative works. All of these issues and more are explored in A Music Business Primer.

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Product Details

  • ISBN-13: 9780130340771
  • Publisher: Prentice Hall
  • Publication date: 9/28/2002
  • Edition number: 1
  • Pages: 329
  • Product dimensions: 8.36 (w) x 10.70 (h) x 0.93 (d)

Meet the Author

Diane Sward Rapaport is a music business pioneer. She began offering courses for musicians in music business management and publishing in 1974, after working for seven years as an artist's manager for Bill Graham's Fillmore Management. Her goal was to help musicians and songwriters make a living from their art.

In 1976, she cofounded, edited and published Music Works-A Manual for Musicians, a magazine hailed as a "bible for musicians" by the San Francisco Chronicle. It was the first magazine to feature music business and technology news.

In 1979 How to Make and Sell Your Own Record, her first book, was published by Putnam and now by Prentice-Hall. It has been called the "bible and basic text" that has helped revolutionize the recording industry by providing information about setting up new recording labels independent of major label conglomerates. It has sold more than 200,000 copies.

"This book has played a pioneering role in the long-overdue broadening of the avenues of the music industry.. It has worked to reshape the way music is marketed, while helping to introduce ostensibly "uncommercial," innovative and truly special artists and their music to receptive audiences. More importantly, it has helped many of them realize their dreams." — Loreena McKennitt, from the foreword to How to Make and Sell Your Own Recording.

In 1988, Diane Rapaport founded Jerome Headlands Press, a company that produces and designs books for musicians and artists. Its current catalog Includes How to Make and Sell Your Own Recording; The Musician's Business and Legal Guide; The Visual Artist's Business and Legal Guide and The Acoustic Musician's Guide to Sound Reinforcement and Live Recording. The books are published by Prentice Hall.

She has given numerous music business seminars for colleges, nonprofit music businesses and music conferences and served as an adjunct professor of music business at the University of Colorado, Denver.

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Table of Contents

Introduction: The Ecology of the Music Business 1
Entertainment Conglomerates 1
The Regional Music Industry 3
Financial Support for Musicians 5
The Internet's Effect on the Music Industry 5
Conclusion 6
Segment 1 The Business of Music 7
The Language of Business 7
Financial Statements 8
Income Statements 9
Bookkeeping 11
Business Plans 11
Business Entities 13
Taxation 21
Conclusion 22
Business Names 23
Researching a Name's Originality 23
Establishing Rights to a Business Name 24
Ownership of the Name 24
Branding 24
Interview Highlight 25
Will Ackerman: The Artist as Businessperson 25
Resource Highlight 29
The Small Business Administration 29
Resources 29
Segment 2 Creative Rights 31
Protecting Creative Rights 32
Copyrights: Musical Works 32
Copyrights: Sound Recordings 41
Copyrights for U.S. Composers in Foreign Countries 42
Copyright Infringement 47
Piracy 48
Conclusion 51
Challenges to Copyrights 52
Napster 53
Music Subscription Services Probed for Potential Violations of Antitrust Laws 55
Lawsuits Against Other Free File-Sharing Services 55
MP3.com 56
Doug and Jimmy's Farm Club 56
Conclusion 57
Interview Highlight 58
Pete and Pat Luboff: Songwriters, Publishers and Songwriting Educators 58
Resource Highlight 62
The Nashville Songwriter's Association International 62
Resources 63
Segment 3 Publishing 65
The Business of Publishers 66
Legal Requirements 66
How Publishers Make Money 67
Principle Job Responsibilities 69
Contracts Between Composers and Publishers 70
Composers Can Form Their Own Publishing Companies 73
Songsharks and Questionable Practices 73
Print Music Publishers 74
Conclusion 75
Collaborator/Songwriter Agreements 76
Percentage Ownership 76
Grant of Rights 76
Division of Income 77
Pursuit of Infringement 77
Copyright Duration 77
Copyright Transfers 77
Different Performing Rights Society Affiliations 78
Songwriters as Members of Different Bands 78
Controlled Composition Clause 78
Coaccounting 79
Future Generations 79
Interview Highlight 80
Michael Eames: Publisher and Musician 80
Resource Highlight 84
The Songwriters Guild of America 84
Resources 85
Segment 4 Music Licensing 87
Licensing Music 88
Researching Song Ownership 88
Compulsory Mechanical Licenses 89
Mechanical Licenses for Sampling 92
Mechanical Licenses for Digital Phonorecord Deliveries (DPDs) 92
Foreign Sublicenses 94
Licenses for Public Performances of Musical Compositions 94
Synchronization Licenses 98
Sheet Music Licenses 100
Conclusion 100
Sampling 101
Copyright Infringement 101
Unfair Competition 103
Rights of Privacy Violations 103
Federal Antibootlegging Statutes 103
No Electronic Theft Act 105
Penalties 105
Copyright Clearances 106
American Federation of Musician Payments 110
Soundtrack Sampling 110
Conclusion 110
Interview Highlight 111
Michael Laskow: Founder, TAXI 111
Resource Highlights 115
The National Music Publishers Association 115
The Harry Fox Agency 115
The Future of Music Coalition 116
Resources 117
Segment 5 Attorneys and Artists' Managers 119
The Business of Attorneys 120
Legal Requirements 120
How Attorneys Make Money 120
Principle Job Responsibilities 121
Alternative Dispute Resolution 122
Conclusion 123
The Business of Artists' Managers 124
Legal Requirements 124
How Artists' Managers Make Money 124
Principle Job Responsibilities 125
Contracts Between Artists and Managers 130
Artists as Managers 132
Conclusion 132
National Crackdown on Rave Concerts 133
Use of the Crackhouse Law 133
Other Legal Tactics 135
Conclusion 136
Interview Highlight 137
Stan Hertzman: Umbrella Artist Management 137
Resource Highlight 143
The Electronic Music Defense and Education Fund 143
Resources 143
Segment 6 Talent Agents 145
The Business of Talent Agents 146
Legal Requirements 146
How Talent Agents Make Money 146
Principle Job Responsibilities 146
Talent Agency Contracts 149
Can Acts Be Their Own Talent Agents? 150
Conclusion 150
Black Promoters Sue Talent Agencies and Concert Promoters 151
Interview Highlight 153
Edna Landau: IMG Artists 153
Resource Highlight 158
The National Association for Campus Activities 158
Resources 158
Segment 7 Concert Promotion and Arts Administration 163
The Business of Concert Promotion 164
The Role of Music Unions 164
How Concert Promoters and Arts Presenters Make Money 165
The Importance of Draw 165
Income and Expense 165
Concert Promotion Contracts 166
Principle Job Responsibilities 169
Can Acts Promote Their Own Concerts 171
College and University Promoters 171
Promoters of Benefit Concerts 171
Showcases 172
Conclusion 172
Arts Administration and the Cultural Arts 173
Arts Presenters Income 173
Principle Job Responsibilities 174
Artistic Mission 174
Funding 174
Audience Development 175
Working with Universities 176
Conclusion 176
Interview Highlight 177
Julie Lokin, Cofounder, New Audiences Productions, Inc 177
Resource Highlights 182
The Association of Performing Arts Presenters 182
The National Endowment for the Arts 182
The International House of Blues Foundation 183
Resources 183
Segment 8 Record Companies 187
The Business of Record Companies 188
Recording Labels 188
Legal Requirements 190
How Record Companies Make Money 191
Recording Costs 192
Principle Job Responsibilities 194
Getting Record Deals: Major Labels 194
Getting Record Deals: Independent Labels 196
Contracts Between Record Companies and Artists 196
Conclusion 203
Independent Record Labels 204
Training Ground for Major Labels 205
Control of Artists' Careers 205
Revitalization of Regional Economies 205
Indies Under Siege 205
The Internet: A New Ally 206
Conclusion 207
Interview Highlight 208
Marco "Magic" Cardenas: Nasty Boy Records 208
Resource Highlights 210
Recording Industry Association of America 210
The Foundation to Assist Canadian Talent on Records 211
Resources 211
Segment 9 Marketing and Selling Records 215
Marketing Records 216
Market Research 216
Scheduling and Allocating Priorities for Record Label Releases 220
Marketing Materials 220
Marketing Campaigns 221
Selling Records 229
Conclusion 231
Creating A Story: the Radio Airplay Bandwagon 232
Interview Highlight 233
Wendy Day: Founder, Rap Coalition 233
Resource Highlights 240
National Association of Recording Merchandisers 240
Association for Independent Music 241
Resources 242
Segment 10 Audio Services 251
The Audio Industry 252
Recording Studios 252
Recording Personnel 255
Replication Services 258
Sound Reinforcement Services 260
Audio Technology Manufacturing 260
Conclusion 261
Interview Highlight 262
Leslie Ann Jones: Director of Music Recording and Scoring at Skywalker Sound, A Division of Lucas Digital, Ltd. LLC 262
Resource Highlight 266
The Audio Engineering Society 266
Resources 267
Segment 11 Manufacturing and Retailing 271
Musical Instruments and Audio Products 272
Sales 272
Marketing and Promotion 273
Music Education and Retailing 276
Music Business and Audio Education 278
Conclusion 278
Interview Highlights 279
Peter Gotcher: Cofounder, Digidesign 279
Steven Wilson: Director of Sales and Marketing, Music Sales, Omnibus Press and Schirmer Trace Books 282
Resource Highlight 286
NAMM, The International Music Products Association 286
Resources 287
Resources 289
Federal Agencies 289
Organizations and Trade Associations 289
Unions 299
Trade Publications 299
Industry Directories 304
Recording Catalogs 305
Bibliography 306
About the Author 309
Contributing Authors 310
Index 311
About Jerome Headlands Press 329
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