Music, Money, and Success: The Insider's Guide to Making Money in the Music Industry

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Whether you're just starting out, looking to move up to the next level, or have been making a living in this business for years, here is your blueprint for further financial success.
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More About This Book

Overview

Whether you're just starting out, looking to move up to the next level, or have been making a living in this business for years, here is your blueprint for further financial success.
Read More Show Less

Product Details

  • ISBN-13: 9780825673061
  • Publisher: Omnibus Press
  • Publication date: 9/28/2004
  • Edition description: Updated and Expanded
  • Edition number: 4
  • Pages: 467
  • Product dimensions: 5.98 (w) x 9.24 (h) x 1.19 (d)

Table of Contents

Introduction xix
1. Music, Money, Songwriting, and Music Publishing 1
Music Publishers and What They Do 2
The Inner Workings of a Music Publisher 6
The Acquisition of Rights by a Publisher 9
The Songwriter-Music Publisher Relationship 11
Publishing Contracts 11
Important Provisions of Songwriter-Publisher Contracts 13
Sources of Income for the Music Publisher and Songwriter 28
Conclusion 52
2. Music, Money, Copublishing, and Administration 53
Standard Terms of a Copublishing Agreement 55
Administration Agreements 62
3. Music, Money, and the Recording Artist 67
Inside the Business 69
The Most Important Points in Every Recording Contract 69
The Term 70
Artist Royalty Clauses 71
Advances 81
Album Release Obligations 83
Record Company Expenses 85
The Artist's Obligations 90
Motion Picture, Television, and Commercial Uses 101
Shipping and Return Policies 102
Insurance Policies 104
Confidentiality Clauses 104
Artist-Production Company Agreements 104
Controlled-Composition Clauses 106
Copyrighted Arrangements of Compositions in the Public Domain 115
Internet 116
4. Music, Money, and Television 118
The Television Industry 118
Types of Television Music and How Music Is Used 122
The Television Music Budget 122
Television Underscore 123
The Television Underscore Contract 124
Television Synchronization Rights (Getting Songs into Series, Specials, and Made-for-TV Movies) 134
Life after a Song Gets into a Television Program (Where the Real Money Is Made) 155
5. Music, Money, and Motion Pictures 167
Overview 167
Types of Motion Picture Music and How Music Is Used 170
The Film Music Budget 170
Use of Pre-Existing Hit Songs in Films 171
The Song Written for a Motion Picture 189
Life after the Motion Picture Release (Where the Real Money Is Made) 197
The Motion Picture Background Music Score 206
Sources of Income: The Background Scorer 217
Conclusion 222
6. Music, Money, and Commercials 223
The Advertising Industry and How It Works 224
Jingles (Songs Written for Commercials) 230
Negotiating with an Advertising Agency for a Hit Song 231
Radio and Television Royalties for Advertising Music 237
7. Music, Money, and Performances 238
The Performing Right 238
The Organizations and How to Join 240
Types of License Agreements 242
Writer and Publisher Contracts and Termination Dates 243
Considerations in Making a Decision 244
ASCAP and BMI Income and Distributions 244
Components of ASCAP and BMI Income 245
Payment Dates and Methods of Payment 248
ASCAP and BMI Payment Philosophy and Rules 250
Payment Changes 253
Co-Written Compositions 254
Services Provided 255
ASCAP Payments and Payment Rules 255
The BMI Payment Schedule 268
SESAC 282
Chart Songs--What They Earn 283
Future Changes 285
8. Music, Money, and Broadway 286
An Overview of the Broadway Musical 286
Rights and Royalties of the Broadway Show Writer: The Dramatists Guild Contract 289
Weekly Costs of a Broadway Musical 293
Road Performances during or after the Broadway Run 293
Adjustments in a Writer's Royalties (Dramatists Guild Contracts) 296
Broadway Shows Produced under Non-Dramatists Guild Contracts 297
What the Producer Must Do to Ensure Rights to a Share of Subsidiary Income from the Broadway Show 299
Life after Broadway (Where the Real Money Is Made) 302
9. Music, Money, and Foreign Countries 310
Overview 310
The Role of the Subpublisher 311
The Subpublishing Agreement 313
Foreign Performing Rights Societies 324
Mechanical Royalties 326
Ringtones 327
10. Music, Money, and the Buying and Selling of Songs 328
Overview 329
The Prospectus: Its Form and Content 333
The Letter of Intent/Short-Form Commitment-to-Sell Agreement 338
Investigating the Assets Being Acquired 341
The Formal Purchase Agreement 345
The Aftermath of the Acquisition Agreement 349
Mergers 350
Securitization 350
Conclusion 350
11. Music, Money, and Copyright 351
Exclusive Rights of Copyright 352
Works Made for Hire 353
Compulsory Licenses 353
The Audio Home Recording Act of 1992 355
Copyright Royalty Tribunal/CARP 355
Copyright Notice 356
Fees and Forms 356
Duration of Copyright 356
Revision of Copyright Renewal Procedures 358
Termination Rights 359
Sound Recordings 362
Infringement of Copyright 362
International Copyright Protection 363
Completing the PA Copyright Form 364
Digital Performance Right in Sound Recordings Act/Digital Millennium Copyright Act 365
Termination Rights Under the 1998 Term Extension Act 366
Conclusion 366
12. Music, Money, Lawyers, Managers, and Agents 367
Lawyers and Their Role 367
Managers and Their Role 371
Agents 373
13. Putting It All Together 375
Mechanical Royalties 375
Recording Artist Royalties 377
U.S. Performance Royalties 377
Commercial Use 377
Motion Picture Use 379
Television Series Use 379
Foreign Mechanicals and Performances 380
The Broadway Musical 380
The Motion Picture Background Score 381
Additional Income-Producing Areas 381
14. Breaking into the Business 383
Co-Writing Songs with Writers with Publishing Deals 383
Being in a Performing Group 384
Submitting CDs and Tapes to Music Publishers 384
Demo Recordings 385
Songwriter Conferences 386
Showcases 386
Attorneys 386
Record Producers 387
Managers 388
Agents 388
Music Videos 388
Cable Television 389
ASCAP and BMI 389
Paying to Get Your Songs Published 389
Finding the Right Publisher 390
Different Types of Publishers 391
Film and Television 391
Demo Reviews in Magazines 393
Music Web Sites 393
15. Music, Money, and Sampling 394
Overview 394
Format of the Sample Agreement 398
Recap 400
16. Music, Money, Co-Ventures, and Joint Ventures 401
Types of Joint Venture/Co-Venture Agreements 402
17. Music, Money, and the Internet 408
Main Issues 408
The Laws 409
Rights 409
ASCAP, BMI, and SESAC Internet Licenses 411
Downloads and Online Subscription Services 412
Ringtone/Cell Phone Licenses 414
Promotional Streaming Licenses 418
Video Game Licenses 420
Digital Jukeboxes 422
Record Company Contracts 423
Music Publishing Contracts 428
Web Site Ownership 429
Deductions 430
Record Company/Traditional Versus Internet 430
Future 430
18. Guide to Music Industry Organizations 431
19. Sample Contracts 441
Index 455
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Sort by: Showing 1 Customer Review

  • Anonymous

    Posted July 31, 2003

    A Must-Have

    Up to the minute, readable guide through the legal swamps of the business. Recommended to every songwriter, performer, musician, music lawyer, agent, manager, film and TV producer, ad agency, record company and music publisher. ¿ The Hollywood Reporter

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