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Demystifies the music business and the indecipherable body of law which shapes it!
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.
|Getting Started: Music as a Business||1|
|Entertainment Group Names: Selection and Protection||10|
|How to Set Up a Money Deal||34|
|Mediation of Musicians||55|
|Protecting Your Compositions||59|
|Copyrights: The Law and You||60|
|Digital Downloads and Streaming: Copyright and Distribution Issues||99|
|Performing Rights Organizations: An Overview||122|
|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|
|The Internet and Music||214|
|Getting Started as an Internet Artist||217|
|Managers and Agents||253|
|What a Manager Does||254|
|Analysis of a Personal Management Agreement||261|
|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|
|About Jerome Headlands Press||489|
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