What Theyll Never Tell You About the Music Busine ss, Third Edition: The Myths,

Description: What Theyll Never Tell You About the Music Busine ss, Third Edition by P. Thall What Theyll Never Tell You About the Music Business reflects the realities of todays music industry. In this comprehensive yet extremely readable book, author Peter M. Thall, a specialist in entertainment and copyright law, takes an in-depth look at all facets of the music industry. FORMAT Paperback LANGUAGE English CONDITION Brand New Publisher Description Completely revised and expanded, What Theyll Never Tell You About the Music Business reflects the realities of todays music industry and remains a must-have for music-lovers, songwriters, and record executives alike.In this comprehensive yet extremely readable book, author Peter M. Thall, a specialist in entertainment and copyright law, takes an in-depth look at all facets of the music industry. From how artists can best maximize their chances for long-term financial health to what snares and pitfalls to avoid when signing an employment contract, Thall discloses the hidden dynamics and unfortunate consequences of what really happens when a deal is prepared, contracts are signed, and promises are made. Author Biography PETER M. THALL holds a BA from Columbia University and an LLB from George Washington University School of Law. A specialist in entertainment and copyright law, Mr. Thall has been practicing for over 45 years and has consulted for a number of large, publicly held companies regarding music rights. He is a regular contributor to trade journals and a frequent guest on television news programs about issues that affect the music industry. Table of Contents Contents Preface x Acknowledgments xiv 1 • Introduction 1 Selecting the Right Attorney 2 Personal Representation 3 Deal Makers: Why You Need Them 4 Deal Blockers: How to Get Past Them 5 Staying the Course or Calling It Quits 6 2 • Investors The High Costs of Low Finance 8 The Costs of Being Heard 8 Of Investors and Investment Agreements 9 Finding the Money 9 Internet-Specific Offerings 12 The Safe Harbor Disclaimer 12 Getting the Right Advice 13Paying It Back 13 Overcalls and Conversions 14 Commissions 15 Crowdfunding 15 Should He Who Pays the Piper Call the Tune? 16 A Backer Who Knows What Hes Doing 16 3 • Advances Why They Seem a Lot Like Loans (and Vice Versa) 18 A Sad Story and a Happy Story About Advances 19 Is One Persons Money Another Persons Motivation? 21 4 • Royalties Some Unvarnished Truths 22 How the Royalty Pie Is Sliced and Who Gets the Pieces 23 Recording Costs 24 United States CD Album Royalty Calculation 25 Payment on Less than 100% of Records Sold 26 "New" Technology? 26 "Special" Categories 27 Two Diabolical Deduction Devices 30Reducing Mechanical Royalties 31 Special Issues Regarding Controlled Compositions 32 The Beat Goes On: Other Important Deductions 33 Prepayment of Royalties 36 The Myth of Royalty Escalations 37 Free Goods 37 Lost or Misplaced Royalties 39 Chipping Away at Post-Term Royalties: Synchronization Licenses 39 Accountings, Audits, and the Statute of Limitations 40 How Responsible Should Record Companies Be? 42 The Effects of Digital Downloading on Pricing and Royalties 43 360 "Deals" 50 The Digital Evolution 57 5 • Personal Management The Whys, Wherefores, and Watch Outs 65 What a Personal Manager Should (and Should Not) Be Expected to Do 66 Managing the Five Stages of an Artists Career 67 Remakes 70 KMMA: Keep My Music Available—At All Costs 71 Choosing Your Manager 74 The Question of Clout 75 Paying Your Manager 78 The Term of the Agreement 82 Extending or Terminating an Artist-Manager Relationship 83 Breach of Contract in Artist-Manager Agreements 87 6 • Managing Your Business and Your Financial Future 88 When "Show Me the Money" Isnt Enough 89 What a Business Manager Does 90 Finding the Right Person 90 Certified Public Accountants 90 Auditing the Auditor 92 What Kind of Business Is Being Managed? 92 Should You "Do Business as" or Form a Partnership? 93 Money Means Options: Resisting the "Keep Em Poor" Philosophy 98 Managing Your Money 99 Investing: Is Anyone in Charge Here? 100 Making It and Saving It 103 7 • When Your Job Is More than a Gig Employment Agreements and Disagreements 108 Term of Employment 108 Duties 108 Reporting Lines 109 Confidentiality and Competition 110 Stock Options 112 Perks 113 Termination 114 Working in a Foreign Land 117 Relocation and Re-Relocation 118 Visas 118 Disability and Death 118 Provisions That Survive Termination 119 Vacations 119 Release and Settlement 120 Employment Issues Specific to the Music Industry 120 Variations of Royalty Calculations 122 Employment Agreements with Celebrities and Others Otherwise Engaged 125 Mail 126 The Ownership of Ideas 127 8 • Record Producers Are They as Sharp as Their Points? 128 How 25% Can Equal 100% 128 Cross-Collateralization: It Does Not Apply to the Producer 130 Producers Royalty Provisions: The Basics 131 The Producer as Author of the Sound Recording 138 Producers and Neighboring Rights 138 9 • Getting Your Record Heard A Practical Guide to Marketing and Promotion 141 Marketing Tools 141 The Goal-Oriented Campaign 143 The Record Contract 145 Do Record Companies Know What They Are Doing? 149 Victim or Victor? 149 Television Campaigns 150Radio Promotion 151Airplay and Payola 152 The Same Old Song (Only the Coda Is New) 156 The Beginning of the End? 157 A Brief Look at the Promotional Picture—from the Artists Point of View 159 10 • Touring Concerns Trials and Tribulations 161 The Club Tour 162 The Grand Tour 163 Sample Tour Budget 164 Private Charter 172 Elements of Touring Agreements: Commonalities and Idiosynchrasies 177 11 • Merchandising Your Band, Your Brand 181 Tour Merchandising 181 Retail Merchandising/Web Merchandising 189 Confidentiality 193 Compliance with Local Laws 194 End-of-Term Inventory and Sell-Off 194 Artwork and Photographs 195 Coupling 195 Life and Disability Insurance 196 Piracy 196 Audits 197 12 • Audits Truth or Consequences 198 Examining the Audit 198 The Flow of Money 201 Access to Registration Information 202 The Black Box or "Something Is Abyss Here" 202 Television Campaigns 203 Interest Charges 203 Statutes of Limitations 204 Conducting Audits in Foreign Countries 205 A Few Practical Suggestions 206 The Right to Audit: A Contract Issue 208 13 • Music Publishing The Odyssey of the Song 210 What Is a Music Publisher—and What Does It Publish? 210 Copyright: A Bundle of Intangibles 212 Financial Secrets and Realities 215 Mechanical Royalty Rates Outside of the United States 219 Top Gun—a Top Buyout for Paramount 219 The Administrating Function 221 Family Ties (Too Close to Sue) 222 When Your Publisher Forgets You 223 Foreign Taxes 224 At-Source Versus Receipts Deals 225 The Black Box Revisited 226 Copyright Reversions 227 14 • When Rodgers Meets Hammerstein Determining Songwriter Credits 229 Cowriting Agreements 229 Cowriters Who Are Band Members 231 15 • Being Your Own Music Publishing Company Pros and Cons 234 Self-Publishing 234 Getting in Touch with the Copyright Office 235 Why Bother Doing It Yourself? 239 Acquiring Copyrights 239 Reversion of Copyrights 240 The Value of the Copyright 241 The Impact of Administrating Costs on True Earnings 243 The Cost of Giving Away a "Piece" of the Publishing 243 16 • Internet Entrepreneurship Doing It Yourself 245 Competing with the Big Boys 245 Artist, Songwriter, Performer—and E-Commerce Expert? 246 Making a Living 247 Stealing and Protecting Against It 248 Dos and Donts of Internet Entrepreneurship 248 Manufacturing and Distribution 250 Kickstarting Your Career 251 Podcasting 252 Instantaneous Dissemination of Live Performances 253 Creating a Website 253 Which People Should Do It Themselves? 254 A Word of Warning—and Encouragement 255 17 • Lost, Misplaced, Neglected, and Abandoned Royalty Opportunities You Were Never Told About 257 An Introduction to Neighboring Rights 257 Broadcast Mechanicals 259 Neighboring Rights in Our Own Backyard: Canada 259 Lost, Misplaced, Neglected, or Abandoned: Which Category Are Your Royalties In? 260 Show Me the Money 263 Two Neighboring Rights–Friendly Countries: The UK and the Netherlands 263 Neighboring Rights Collections Agencies 264 Performing and Other Obscure Rights in Sound Recordings 266 18 • Urban Music The Beat Goes On 269 Roots 269 The Milieu 270 Urban Music: The Producers Cosmos 271 Different Strokes for Hip-Hop Folks 271 Rap as Protest 274 The Importance of the Mix: Mixtapes 274 Career Ceilings 275 Hip-Hop and Pop Culture 275 Business Management and the Management of Business 275 The Changing Image 276 Contractual Issues 277 The Rap Coalition: Self-Help Exemplified 278 Hip-Hop Rules 279 19 • Classical Music Dead or Alive? 281 A Little History 281 Demise or Rejuvenation? 282 The Metropolitan Opera 286 An Essential for Success: Spirituality 287 New Life for an Old Genre 289 The CD Arrives: Both a Blessing and a Curse 289 The Internet: Is It the Answer? 290The Role of Record Companies 292 The Composer-Artist: Special Considerations 296 Classical Composers and their Publishers: Some Pitfalls and Some Options 297 Classical Management 301 Presenting the Singer 304 Music Education 305 20 • Termination of Grants of Copyrights For Every End, a Beginning 308 Basic Term of Protection 308 "K-K-K-Katy" 309 Termination of Grants 309 Duration of Copyright: Subsisting Copyrights 309 Who Can Terminate 310 The Control of Termination Decisions 310 The Rights Granted 310 The Windows for Termination 311 When Automatic Renewal Applies 312 The Sonny Bono Term Extension Act 312 Keeping Records 312 The Technical Requirements for Termination 313 21 • Compliance With Copyright Laws Hints for the Corporate Counsel 317 Intangible Rights and the Internet 317 Licensing From Music Publishers and Sound Recording Owners 318 Copyright Provisions Applicable to the Internet 320 Term of Copyright 322 Sampling, Borrowing, and Stealing 322 Rights Management 323 Dangerous Language Alert 323 Music Clearance: The Music Industrys Revenge 324 International Issues: One-Stop Shopping 325 So Your Corporation Has Also Decided to Become Adventurous? 326 22 • Catalogue Valuation How to Improve Your Odds at Winning Big 327 Factors in Valuing Catalogues: An Overview 328 Satellite Radio, Internet Radio, Mobile Phone Streaming, and HD Radio 329 Evaluating Data 331 Who Owns the Catalogue? 336 Termination Issues 337 The "Trunk" 337 Whos Sorry Now? The Blackbird 338 23 • Copyright Issues A Sampler 339 Changing Copyrights Image 339 Copyright Infringement 341 Sampling 346 The Impact of the Internet on Recording and Publishing Agreements 348 How the Internet Has Provided Context for Songwriters and Publishers Search for Equitable Treatment 350 The Internet Is Global: So What? Ill Tell You What 352 What Is to Be Done? 354 The Fairness in Music Licensing Act 356 The Copyright Term Extension Act: A Lesson in Leverage 356 MP3: How Two Letters and a Numeral Terrorized an Entire Industry 357 Napster and Post–Napster 357 The More Things Change, the More They Remain the Same (or Do They?) 358 24 • Copyright Cant Live with It—Cant Live Without It 360 Battles or Battle-Axes 361 Copyleft (aka Copy Wrong), But Not Copyright 362 The Clearance Nightmare 366 Copyright and Personal Property 369 Misuse of Copyright 371 Some Suggested Solutions 371 25 • Solving Piracy in the 21st Century How to Avoid a Greek Tragedy 376 Illegal Downloading 377 When an Apple Boomerangs 382 When Culture Trumps Commerce 383 Copyright Owners: Power (Not) to the People 384 What Would the Greeks Do? 388 Conclusion 389 Index 391 Review "Intelligent and accessible—rich in references, but easily understandable." —DAVID GEFFEN "For someone on the way up, this book is a must; for everyone else, its a bible."—Danny Strick, co-president, SonyATV Music Publishing Inc. "The music business is complicated, and this book is very helpful in deciphering its pitfalls, opportunities, and challenges." —Clive Davis, chief creative officer, Sony Music Entertainment Worldwide "A clear contender for the one indispensable work on the topic, this book delivers the goods. There is no one involved in the music business who will not learn and benefit from this ambitious work." —New York State Bar Association "This book gives you the real deal on the way the music business really works, whether youre new to the game or even if you think youre a veteran—from contracts to touring, good and bad money decisions, and even creating a team no artists should do without." —Sean Paul, Atlantic Recording Artist "An indispensable compass to guide you through the trials, traumas, and occasional triumphs you will encounter in that most unusual life work called the music business."—Bruce Lundvall, president and CEO of the Blue Note Label Group "This book is like a map, showing how to avoid the danger zones in the music business." —Ric Ocasek, record producer, former lead singer and songwriter for The Cars "An absolute must for anyone interested in the music business. This is by far the most informative book on the business of music I have read to date, and its one that Ill refer back to regularly."—Big Hec, rapper, producers, and video magazine publisher "Thalls book simplifies a complicated business, and it provides the reader with knowledge that otherwise is available only to those on the inside."—Scott Francis, president, Warner/Chappell Music and chairman & CEO, Warner/Chappell Music U.S. "Peter Thall has made it his business to know everything thats worth knowing about the music world, and now hes sharing it with the world at large. Im frequently asked for the insiders view of the industry, and I always point them to Peters very useful and informative book."—Roger Faxon, chairman and CEO, EMI Music Publishing "Whoever reads this book is getting expert advice from one of the most respected and knowledgeable players in the music industry today. I wish this book was available when I was looking to begin my career in the music business." —David Renzer, chairman & CEO, Universal Music Publishing Group Promotional Completely revised and expanded, What Theyll Never Tell You About the Music Business reflects the realities of todays music industry and remains a must-have for music-lovers, songwriters, and record executives alike. Review Quote "Intelligent and accessible--rich in references, but easily understandable." --DAVID GEFFEN Promotional "Headline" Completely revised and expanded, What Theyll Never Tell You About the Music Business reflects the realities of todays music industry and remains a must-have for music-lovers, songwriters, and record executives alike. Details ISBN1607749742 Short Title WHAT THEYLL NEVER TELL YOU ABT Edition Description Revised Language English ISBN-10 1607749742 ISBN-13 9781607749745 Media Book Format Paperback Imprint Ten Speed Press Country of Publication United States Year 2016 Edition 3rd Subtitle The Myths, the Secrets, the Lies (& a Few Truths) Place of Publication NY UK Release Date 2016-08-23 Replaces 9780823007080 Illustrations NO PHOTOS/ILLOS Publication Date 2016-08-23 AU Release Date 2016-08-23 NZ Release Date 2016-08-23 US Release Date 2016-08-23 Author P. Thall Pages 352 Publisher Random House USA Inc DEWEY 780.2373 Audience General We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:100232374;

Price: 47.22 AUD

Location: Melbourne

End Time: 2024-11-13T02:09:49.000Z

Shipping Cost: N/A AUD