The Musician's Business and Legal Guide / Edition 3

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Overview

Demystifies the music business and the indecipherable body of law which shapes it!

  • Provides vital information about how the Internet is changing the way music is marketed and sold.
  • Expanded/updated information on the impact of the Internet on legal and business issues.
  • Appendix includes names; URL and mailing addresses of major industry associations and organizations, as well as a list of the important industry publications.

Definitive in scope and written specifically for musicians and songwriters by top professionals currently working in the industry, this book provides substantive information on actual practices—with clause-by-clause commentaries on all major contracts in the industry, featuring extensive analyses, not just forms and casual commentary. Clarifies the language, shows actual practices, and offers advice on what to watch for. Requires no background in law or business; is written in plain English, not "legalese." Chapters are written by lawyers, managers, agents and business people working in the music industry in New York and Los Angeles.

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Product Details

  • ISBN-13: 9780130316813
  • Publisher: Prentice Hall
  • Publication date: 5/30/2001
  • Edition description: REV
  • Edition number: 3
  • Pages: 489
  • Product dimensions: 8.42 (w) x 10.84 (h) x 1.16 (d)

Table of Contents

Preface
Acknowledgments
Introduction
Getting Started: Music as a Business 1
Group Breakups 2
Entertainment Group Names: Selection and Protection 10
Business Entities 22
How to Set Up a Money Deal 34
Music Attorneys 44
Mediation of Musicians 55
Protecting Your Compositions 59
Copyrights: The Law and You 60
Copyright Infringement 76
Sampling 83
Collaborator/Songwriter Agreements 94
Digital Downloads and Streaming: Copyright and Distribution Issues 99
International Copyright 110
Music Publishing 121
Performing Rights Organizations: An Overview 122
Music Publishing 130
Analysis of a Single-Song Agreement 139
Analysis of an Exclusive Term Songwriter Agreement 147
Music Licensing for Television and Film: A Perspective for Songwriters 164
Pop Music for Soundtracks 185
Performing and Marketing 199
Club Contracts 200
The Internet and Music 214
Getting Started as an Internet Artist 217
Music Unions 237
Managers and Agents 253
What a Manager Does 254
Analysis of a Personal Management Agreement 261
Talent Agencies 274
Business Managers 301
Recording 307
Practical Aspects of Securing Major Label Agreements 308
Analysis of a Recording Contract 316
How to Read and Evaluate Artist Royalty Statements 406
Royalty Statements: Audits and Lawsuits 418
Analysis of a Record Producer Agreement 426
Recording and Distribution Contracts with Independent Labels 440
Contracts and Relationships Between Independent and Major Labels 443
Resources 459
Contributors 465
Index 471
About Jerome Headlands Press 489
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Preface

Welcome to the third edition of this book. (There were also three prior editions published under the title The Musician's Manual, the first in 1979.) As the music business changes, we strive to keep each new edition current. We have updated all the chapters and have added five new ones: Digital Downloads and Streaming: Copyright and Distribution Issues; International Copyright, Getting Started as an Internet Artist, Royalty Statements: Audits and Lawsuits; and The Internet and Music. However, the basic messages from the first edition remain constant. At some point in your professional music career, you will learn that there are legal questions implicit in almost everything you do. Whether you write, perform or sell a song, your actions give rise to rights and obligations that you should consider. The time to learn is now.

The purpose of this book is to demystify the music business and the seemingly indecipherable body of law that shapes it. And to help you "make it" by explaining the industry and the laws that govern it.

This book is a collection of chapters written by people that work in the music industry. Many are lawyers; some are musicians. We have tried to make our information comprehensible to everyone, and have avoided presupposing a lot of knowledge on your part.

At this point, we must present a few warnings. First, there is no substitute for obtaining competent help as you build your career. Talent agents, personal managers, lawyers and business managers are trained to guide you. Their expertise costs money, but you must think of these expenses as an investment in your career. Also, the chapters written by lawyers are designed to identifyproblems, not to give specific solutions. If you have a legal problem, do not rely on the information contained in this book; see an attorney. The chapters in this book are not the law, but merely describe legal applications, in general terms, for the music industry. Additionally, before you photocopy our forms for submittal, check with the organizations to which you are submitting—they may require you to fill out their original forms. In many cases, these forms may be downloaded and submitted via the Internet.

There has been a radical change in the way musicians can access information since our last edition—the Internet. The U.S. Copyright Office and virtually all other major organizations involved in the music business now have Web sites that make their information instantly available and up-to-date.

The Internet is also a new source of distribution of both songs and sound recordings, and as acts as an advertising and promotional tool for musicians. There has been a flurry of lawsuits against those that have given away the music you create. Thankfully, the music copyright owners have either prevailed in court or have negotiated settlements-but regulating the Internet in a way to protect your works and have their use paid for, remains the greatest challenge.

One final note-although this book is a useful tool, musicians should write music, not contracts. Unless you devote your time and energy to developing and exploiting your talent, this book doesn't matter. Make it matter.

Mark Halloran, Esq.
Coauthor and Editor

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