Synopses & Reviews
Now in its fourth edition,
All You Need to Know About the Music Business is universally regarded as the definitive guide to the music industry. Called "the industry bible" by the
Los Angeles Times, this newest edition is filled with vital information on the technological advances that are reshaping the business, and how novices and experts alike should manage such changes.
In the music business, the key to success lies in knowing how to protect yourself. To do that, you need the best and most up-to-date advice available. Whether you want a career as a performer, writer, or executive, Donald Passman's comprehensive guide to the legal and financial aspects of the business is an indispensable tool. Drawing on his unique professional experience as one of the most respected advisors in the industry, Passman offers authoritative, up-to-the-minute information. You'll learn how to:
- Select and hire a winning team of advisors -- personal and business managers, agents, and attorneys -- and structure their commissions, percentages, and fees in a way that will protect you and maximize your success
- Master the big picture and the finer points of record deals
- Understand the ins and outs of songwriting, music publishing, and copyrights
- Maximize concert, touring, and merchandising deals
Plus, this latest edition includes information on:
- The power of the Internet -- from promotional and com- mercial web sites such as Amazon or CDNow to the publicity advantages of chat rooms, bulletin boards and ever-improving Webcasters (the Internet's answer to radio), and the serious dangers of piracy
- The new and changing laws of the electronic frontier, including copyright infringement, illegal downloads, and the challenges to intellectual property rights
- Recognizing the opportunities offered by digital downloads, MP3, and other new media which will be the future of music
There are also updates on traditional industry matters such as royalties, advances, video budgets, and copyright law.
The music industry can be a gold mine, a minefield, or both, but with a small investment of time in learning the business, you can reap huge benefits. All You Need to Know About the Music Business shows you how.
Synopsis
Now in its fourth edition, All You Need to Know About the Music Business is universally regarded as the definitive guide to the music industry. Called "the industry bible" by the Los Angeles Times, this newest edition is filled with vital information on the technological advances that are reshaping the business, and how novices and experts alike should manage such changes. In the music business, the key to success lies in knowing how to protect yourself. To do that, you need the best and most up-to-date advice available. Whether you want a career as a performer, writer, or executive, Donald Passman's comprehensive guide to the legal and financial aspects of the business is an indispensable tool. Drawing on his unique professional experience as one of the most respected advisors in the industry, Passman offers authoritative, up-to-the-minute information. You'll learn how to:
- Select and hire a winning team of advisors -- personal and business managers, agents, and attorneys -- and structure their commissions, percentages, and fees in a way that will protect you and maximize your success
- Master the big picture and the finer points of record deals
- Understand the ins and outs of songwriting, music publishing, and copyrights
- Maximize concert, touring, and merchandising deals
Plus, this latest edition includes information on:
- The power of the Internet -- from promotional and com- mercial web sites such as Amazon or CDNow to the publicity advantages of chat rooms, bulletin boards and ever-improving Webcasters (the Internet's answer to radio), and the serious dangers of piracy
- The new and changing laws of the electronic frontier, including copyright infringement, illegal downloads, and the challenges to intellectual property rights
- Recognizing the opportunities offered by digital downloads, MP3, and other new media which will be the future of music
There are also updates on traditional industry matters such as royalties, advances, video budgets, and copyright law. The music industry can be a gold mine, a minefield, or both, but with a small investment of time in learning the business, you can reap huge benefits. All You Need to Know About the Music Business shows you how.
About the Author
Donald Passman is a graduate of the University of Texas and Harvard Law School. He lives in Los Angeles with his wife and four children, and practices law with the firm of Gang, Tyre, Ramer and Brown. Passman has specialized intensively in the music business for more than twenty years, and is frequently listed as one of the most influential people in the entertainment industry. His clients include major entertainers, publishers, record companies, songwriters, industry executives, film companies, managers, producers, and other participants in the music industry.
Table of Contents
Contents ÿ
1.ÿFirst Steps
PART I
Your Team of Advisors
2.ÿHow to Pick a Team
Getting Your Team Together
Business Philosophy
Hiring a Team
Pre-team Strategies
Who's on First?
Changing a Team Member
Cocktail Party Talk
3.ÿPersonal Managers Role
Commission Overview
Negotiating the Manager's Deal
Picking the Right Manager
4.ÿBusiness Managers
Role
How to Pick a Business Manager
Business Manager Checklist
Fees
Your Half of the Job
5.ÿAttorneys
Picking a Lawyer
Fees
Conflicts of Interest
Attorney Checklist
6.ÿAgents
Role
Fees
Deal Points
Picking an Agent
PART II
Record Deals
7.ÿBroad-Strokes Overview of the Record Business
Industry Structure
What's a Record?
Masters
Royalty Computation
Why All This Weirdness?
Isn't There a Better Way?
8.ÿAdvances and Recoupment
Advances: The Basic Concept
Cross-collateralization
9.ÿReal-Life Numbers
Overview
Royalties
Advances
Look How Much You Already Know
10.ÿOther Major Deal Points
Amount of Product
How Long?
Mega Deals
Delivery Requirements
Controlled Compositions
Greatest Hits
New Songs for Greatest Hits
Live Albums
Guaranteed Release
Deal Peculiarities for Independents
11.ÿProducer Deals
What's a Producer?
Royalties
Advances
Who Hires the Producer?
A Major Point -- Pay Attention
12.ÿAdvanced Record Deal Points
Advanced Demo Deal Negotiation
Exclusivity
Videos
Independent Promotion
Merchandising Rights
Tour Support
Territory
Union Per-Record Charges
Album Cover Artwork
Creative, Marketing, and Other Controls
Reserve Limitations
SoundScan
Special Packaging Costs
Accountings
13.ÿAdvanced Royalty Computations
Distribution Methods
Royalties for United States Sales
Foreign Royalties
R.O.W.
Compact Discs, Electronic Transmissions, and New Technologies
Coupling and Compilations
Joint Recordings
"Greatest Hits" or "Best Of"
Multiple Albums
Videocassettes, Video Discs, and Other Home Video Devices
Mid-Price Records
Budget Records
Record Clubs
Cutouts, Deletes, Scraps, and Other Food for Bottom Fishers
Premiums
Samplers
DART Monies
Public Performance of Masters
14.ÿLoan-out, Independent Production, Label, and Distribution Deals
Loan-out Deals
Independent Production Agreements
Joint Ventures
Pressing and Distribution (P&D) Dealsÿ
PART III
Songwriting and Music Publishing
15.ÿCopyright Basics
Basic Copyright Concepts
What Are All These Rights You Get?
Exceptions to the Copyright Monopoly
Compulsory Mechanical Licenses
16.ÿPublishing Companies and Major Income Sources
Publishing Overview
Mechanics of Publishing
Sources of Income
Mechanical Royalties
Controlled Composition Clauses
Maximum Rate Per Song
Public-Performance Royalties
17.ÿSecondary Publishing Income
Printed Music
Synchronization and Transcription Licenses
Foreign Subpublishing
DART Monies (Audio Home Recording Act of 1992)
Bonus Section! How to Set Up a Publishing Company
18.ÿSongwriter Deals
Songwriter Royalties
Standard Contracts
Performance Monies
Printed Music Royalties
DART Monies
Advances
Term Songwriter Agreements
Collaboration (Two or More Songwriters)
Creative Control
Reversion of Copyright
19.ÿCopublishing and Administration Deals
Copublishing Deals
Non-monetary Deal Points
How the Money Gets Divided
Net Publisher's Share
Administration Agreements
Now Look Where You Are!
20.ÿAdvanced Copyright Concepts
Who Owns the Copyright?
Works for Hire
Duration of Copyright
Right of Termination
Digital Performance of Masters and Digital Delivery of Masters
"First Sale" Doctrine
21.ÿEven More Advanced Copyright Concepts
I Got You Twenty, Babe
Termination Right Mechanics
Extension Rights
Digital Samples
Sound Recording Copyrights
The Copyright Notice
Registration and Deposit
What You Get When Someone Rips Off Your Copyright
PART IV
Group Issues
22.ÿGroups
Group Provisions in Record Deals
Internal Group Deals
What's in a Name?
PART V
Touring
23.ÿPersonal Appearances -- Touring
Roles of Team Members
Personal Appearance Deals
New Artists
Midlevel Artists
Superstar Touring
Splits
Hall Fees
Riders
I'll Take the Whole Thing...
Lining Your Pockets with More Gold
PART VI
Merchandising
24.ÿTour Merchandising
Merchandisers
Royalties
Hall Fees
Advances
Term
Advance Repayment
Performance Minimum
Exclusivity
Creative Control
Sell-off Rights
Bootleggers
25.ÿRetail Merchandising
Royalties
Other Deal Points
Caution
PART VII
Classical Music
26.ÿClassical Music
Term and Product
Royalties
Advances
Mechanical Royalties
PART VIII
Adventures in Cyberspace
27.ÿMusic in Cyberspace
What's Going on Today?
SDMI
Congress Goes to Cyberspace
Where Do We Go from Here?
PART IX
Motion Picture Music
28.ÿOverview of Motion Picture Music
Introduction
One Song -- Six Deals
The Rights Involved
29.ÿPerformer Deals
Overview
Performance in the Film (No Record Rights)
Record Rights to Film Performances
30.ÿFilm Songwriter Deals
Terminology
Deal Points
31.ÿComposer Agreements
Deal Points
Package Deals
Creative Financing
Television Composers
32.ÿLicensing Existing Recordings and Existing Songs for Motion Pictures
Master Licenses
Master License Fees
Royalties
Other Master License Deal Points
Licensing Existing Musical Compositions for Films
33.ÿMusic Supervisors
Role
Fees and Royalties
34.ÿSoundtrack Album Deals
Score Albums
Song Albums
Other Issues
Conclusion
Index
About the Author