What They'll Never Tell You about the Music Business The Myths, the Secrets, the Lies (& a Few Truths)

ISBN-10: 0823007081
ISBN-13: 9780823007080
Edition: 2010
Authors: Peter M. Thall
List price: $21.99 Buy it from $3.94
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Description: This insider guide discloses the hidden dynamics and often unfortunate consequences of what really happens when a deal is prepared, contracts are signed, and promises are made--and alerts musicians, attorneys, songwriters, and anyone else interested  More...

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Book details

List price: $21.99
Copyright year: 2010
Publisher: Potter/TenSpeed/Harmony
Publication date: 1/12/2010
Binding: Paperback
Pages: 352
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 0.946
Language: English

This insider guide discloses the hidden dynamics and often unfortunate consequences of what really happens when a deal is prepared, contracts are signed, and promises are made--and alerts musicians, attorneys, songwriters, and anyone else interested in the music business to the potent dangers lurking beneath the surface of this incredibly competitive industry.

Peter M. Thall, an attorney for over 30 years, is a member of the International Association of Entertainment Lawyers and board member of the prestigious New York Festival of Song. He lives in New York City.

Preface
Acknowledgments
Introduction
Selecting the Right Attorney
Personal Representation
Deal Makers: Why You Need Them
Deal Blockers: How to Get Past Them
Staying the Course or Calling It Quits
Investors: The High Costs of Low Finance
The Costs of Being Heard
Of Investors and Investment Agreements
Finding the Money
Internet-Specific Offerings
The Safe Harbor Disclaimer
Getting the Right Advice
Paying it Back
Overcalls and Conversions
Commissions
Should He Who Pays the Piper Call the Tune?
Advances: Why They Seem a Lot Like Loans (and Vice Versa)
A Sad Story and a Happy Story About Advances
Is One Person's Money Another Person's Motivation?
Royalties: Some Unvarnished Truths
How the Royalty Pie Is Sliced and Who Gets the Pieces
Recording Costs
Payment on Less Than 100% of Records Sold
"New" Technology?
"Special" Categories
Two Diabolical Deduction Devices
Reducing Mechanical Royalties
Special Issues Regarding Controlled Compositions
The Beat Goes On: Other Important Deductions
Prepayment of Royalties
The Myth of Royalty Escalations
Free Goods
Lost or Misplaced Royalties
Chipping Away at Post-Term Royalties: Synchronization Licenses
Accountings, Audits, and the Statute of Limitations
How Responsible Should Record Companies Be?
The Effects of Digital Downloading on Pricing and Royalties
Personal Management: The Whys, Wherefores, and Watch Outs
What a Personal Manager Should (and Should Not) Be Expected to Do
Managing the Five Stages of an Artist's Career
Remakes
KMMA Keep My Music Available-At All Costs
Choosing Your Manager
The Question of Clout
Paying Your Manager
The Term of the Agreement
Extending or Terminating an Artist-Manager Relationship
Breach of Contract in Artist-Manager Agreements
Managing Your Business and Your Financial Future: When "Show Me the Money" Isn't Enough
What a Business Manager Does
Finding the Right Person
Certified Public Accountants
Auditing the Auditor
What Kind of Business is Being Managed?
Should You "Do Business As" or Form a Partnership?
Money Means Options: Resisting the "Keep 'Em Poor" Philosophy
Managing Your Money
Making It and Saving It
When Your Jon Is More than a Gig: Employment Agreements and Disagreements
Term of Employment
Duties
Reporting Lines
Confidentiality and Competition
Stock Options
Perks
Termination
Relocation and Re-Relocation
Visas
Disability and Death
Provisions That Survive Termination
Vacations
Release and Settlement
Employment Issues Specific to the Music Industry
Variations of Royalty Calculations
Employment Agreements with Celebrities and Others Otherwise Engaged
Mail
The Ownership of Ideas
Record Producers: Are They as Sharp as Their Points?
How 25% Can Equal 100%
Cross-Collateralization: It Does Not Apply to the Producer
Producers' Royalty Provisions: The Basics
The Producer as Author of the Sound Recording
Producers and Neighboring Rights
Getting Your Record Heard: A Practical Guide to Marketing and Promotion
Marketing Tools
The Goal-Oriented Campaign
The Record Contract
Do Record Companies Know What They Are Doing?
Victim or Victor?
Television Campaigns
Radio Promotion
Airplay and Payola
The Same Old Song (Only the Coda Is New)
The Beginning of the End?
A Brief Look at the Promotional Picture-From the Artist's Point of View
Touring concerns: Trials and Tribulations
The Club Tour
The Grand Tour
Merchandising: Your Band; Your Brand
Tour Merchandising
Retail Merchandising
Confidentiality
Compliance with Local Laws
End-of-Term Inventory and Sell-Off
Artwork and Photographs
Coupling
Life and Disability Insurance
Piracy
Audits
Audits: Truth or Consequences
Examining the Audit
The Flow of Money
Access to Registration Information
The Black Box or "Something Is Abyss Here"
Television Campaigns
Interest Charges
Statutes of Limitations
Conducting Audits In Foreign Countries
A Few Practical Suggestions
The Right to Audit: A Contract Issue
Music Publishing: The Odyssey of the Song
What Is a Music Publisher-and What Does It Publish?
Copyright: A Bundle of Intangibles
Financial Secrets and Realities
Mechanical Royalty Rates Outside of the United States
Top Gun-A Top Buyout for Paramount
The Administrating Function
Family Ties (Too Close to Sue)
When Your Publisher Forgets You
Foreign Taxes
At-Source Versus Receipts Deals
The Black Box Revisited
Copyright Reversions
When Rodgers Meets Hammerstein: Determining Songwriter Credits
Cowriting Agreements
Cowriters Who Are Band Members
Being Your Own Music Publishing Company: Pros and Cons
Self-Publishing
Getting in Touch with the Copyright Office
Why Bother Doing It Yourself?
Acquiring Copyrights
Reversion of Copyrights
The Value of the Copyright
The Impact of Administrating Costs on True Earnings
The Cost of Giving Away a "Piece" of the Publishing
Internet Entrepreneurship: Doing it Yourself
Competing with the Big Boys
Artist, Songwriter, Performer-and E-Commerce Expert?
Making a Living
Stealing and Protecting Against It
Do's and Don'ts of Internet Entrepreneurship
Manufacturing and Distribution
Podcasting
Instantaneous Dissemination of Live Performances
Creating a Website
Which People Should Do It Themselves?
A Word of Warning-And Encouragement
Lost, Misplaced, Neglected, and Abandoned: Royalty Opportunities You Were Never Told About
An Introduction to Neighboring Rights
Broadcast Mechanicals
Neighboring Rights in Our Own Backyard: Canada
Lost, Misplaced, Neglected, Or Abandoned: Which Category Are Your Royalties In?
Show Me the Money
Two Neighboring Rights-Friendly Countries: The U.K. and the Netherlands
Urban Music: The Beat Goes On
Roots
The Milieu
Urban Music: The Producer's Cosmos
Different Strokes For Hip-Hop Folks
Rap as Protest
The Importance of the Mix
Career Ceilings
Hip-Hop and Pop Culture
Business Management and the Management of Business
The Changing Image
Contractual Issues
The Rap Coalition: Self-Help Exemplified
Hip-Hop Rules
Classical Music: Dead or Alive?
A Little History
Demise or Rejuvenation?
An Essential for Success: Spirituality
New Life for an Old Genre
The CD Arrives: Both a Blessing and a Curse
The Internet: Is It the Answer?
The Role of Record Companies
The Composer-Artist: Special Considerations
Classical Management
Presenting the Singer
Music Education
Termination of Grants Of Copyrights: For Every End, a Beginning
Basic Term of Protection
Termination of Grants
"K-K-K-Katy"
Duration of Copyright: Subsisting Copyrights
Who Can Terminate
The Control of Termination Decisions
The Rights Granted
The Windows for Termination
When Automatic Renewal Applies
The Sonny Bono Term Extension Act
Keeping Records
The Technical Requirements for Termination
Compliance With Copyright Laws: Hints for the Corporate Counsel
Intangible Rights and the Internet
Licensing From Music Publishers and Sound Recording Owners
Copyright Provisions Applicable to the Internet
Term of Copyright
Sampling, Borrowing, and Stealing
Rights Management
Dangerous Language Alert
Music Clearance: The Music Industry's Revenge
International Issues: One-Stop Shopping
Catalogue Valuation: How to Improve Your Odds at Winning Big
Factors in Valuing Catalogues: An Overview
Evaluating Data
Who Owns the Catalogue?
Termination Issues
The "Trunk"
Who's Sorry Now? The Blackbird
Copyright Issues: A Sampler
Changing Copyright's Image
Copyright Infringement
Sampling
The Impact of the Internet on Recording and Publishing Agreements
The Internet Is Global: So What? I'll Tell You What
What Is to Be Done?
The Fairness in Music Licensing Act
The Copyright Term Extension Act: A Lesson in Leverage
MP3: How Two Letters and a Numeral Terrorized an Entire Industry
Napster and Post-Napster
Copyright: Can't Live With It-Can't Live Without It
Battles or Battle-Axes
Copyleft (aka Copy Wrong), But Not Copyright
The Clearance Nightmare
Copyright and Personal Property
Misuse of Copyright
Some Suggested Solutions
Index

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