Music : the business

목차 (Table of Contents)

• CONTENTS
• Introduction = 1
• 1 Getting Started
• Introduction = 3
• Creating A Buzz = 3
• The Artist Name = 5
• Showcasing Your Talent = 8
• Presenting Yourself Well = 9
• Short Cuts = 10
• The Demo Recording = 12
• Studio Deals = 13
• Finder's Agreement = 14
• Demo Deal = 15
• Getting Help And Putting Together Your Team = 17
• The Lawyer = 17
• Finding A Lawyer = 17
• General = 17
• Directories = 18
• Managers and accountants = 18
• Other bands = 18
• How do you go about choosing and employing a lawyer? = 19
• Conflicts of interest = 20
• Beauty parades = 20
• What does your lawyer do for you? = 21
• Legal or business affairs consultants = 22
• When should you get a lawyer? = 23
• Accountants = 23
• The Institutes = 23
• Directories = 24
• Music Managers Forum (MMF) = 24
• Lawyers = 24
• Other sources of information = 24
• How to choose an accountant = 24
• Business managers = 25
• How do accountants charge? = 26
• What does an accountant do? = 26
• Can your accountant help you get a record deal? = 27
• Conclusions = 28
• 2 Management Deals
• Introduction = 29
• How To Find A Manager = 29
• Directories = 29
• Music Managers Forum (MMF) = 30
• Recommendations = 30
• Lawyers and accountants = 30
• Surgeries = 31
• A&R contacts = 31
• Managers = 31
• Trial Period = 32
• The Legal Principles = 32
• What To Look For In A Manager = 40
• Is It Essential To Have An Experienced Manager? = 40
• Qualities To Look For In A Manager = 41
• What Does A Manager Do For You? = 41
• Personal Managers = 41
• Business Managers = 42
• Personal Assistants = 43
• Fiduciary Duties And Problems With Bands = 43
• Alternative Business Models = 44
• What Is In A Management Contract? = 46
• Independent legal advice = 47
• Territory = 47
• Activities covered = 48
• Exclusivity = 49
• Key-man provisions = 50
• How long should the contract run? = 50
• Hurdles = 51
• Album cycles = 51
• Ending the term early = 52
• The Manager's Role = 52
• What is the manager paid? = 52
• Percentage of what? = 53
• Post-term commission = 54
• What is commissionable? = 54
• How long should the manager continue to receive commission? = 55
• What happens if there's no written contract? = 56
• Who collects the money? = 56
• Expenses = 57
• Tax = 57
• Signing agreements = 58
• Conclusions = 58
• 3 What Is A Good Record Deal?
• Introduction = 59
• The State Of The Industry = 60
• The Hype Of The Million-Pound Record Signing = 61
• How Do Record Companies Know What To Offer = 62
• The Legal Principles = 63
• Restraint Of Trade = 63
• Creative Control Versus Large Advances = 64
• Do You Go For The Money Or Try To Protect The Integrity Of Your Art? = 65
• Types Of Deal = 70
• Licence Deals = 70
• Licence versus assignment = 74
• Exclusive and non-exclusive deals = 75
• The licence term = 75
• Territory = 76
• Options = 76
• Exclusive Recording Contract = 77
• A fair deal = 77
• Term of the contract = 78
• Why is it only the record company that has options? = 79
• Why can't you get your copyright back once you are recouped? = 79
• How many options should the record company have for future albums? = 80
• Two-album firm deals = 82
• Territory and split-territory deals = 83
• Other Forms Of Record Deal = 84
• Development deal = 84
• 360-degree deals = 84
• Production deals = 87
• Alternative sources of funding／crowd-funding = 90
• Other Aspects Of Recording Contracts = 90
• Delivery Requirements-Minimum Commitment = 90
• Advances = 92
• What's a good advance on an exclusive recording agreement? = 92
• Min-max formula = 94
• Payment terms = 95
• Costs-inclusive advances = 95
• Record Budgets = 96
• Royalties = 97
• Retail versus dealer price = 97
• What percentage of sales? = 98
• Packaging and other deductions = 98
• What's a good royalty? = 98
• Release commitments = 99
• Accounting = 100
• Conclusions = 101
• 4 What Is A Good Publishing Deal?
• Introduction = 102
• State Of The Business = 102
• How To Find A Music Publisher = 103
• What Does A Publisher Do? = 104
• What Are Music Publishing Rights? = 107
• How Do You Prove That You Have Copyright In A Work? = 107
• Who Owns These Rights? = 107
• Orphan Works = 113
• Duration Of Copyright = 114
• What Rights Come With Ownership Of Copyright? = 116
• Where Does The Money Come From? = 116
• Mechanical licences and royalties = 116
• Controlled compositions = 117
• Synchronisation licences and royalties = 119
• Performing rights = 120
• Print = 122
• Grand rights = 123
• Record Deal Before Publishing? = 123
• Types Of Publishing Deal = 124
• The Administration Deal = 124
• The Sub-Publishing Deal = 126
• What does a sub-publisher do? = 128
• The Single-Song Assignment = 129
• Exclusive Publishing Agreement = 130
• Restraint Of Trade = 130
• What Is In A Typical Publishing Contract? = 131
• Exclusivity = 131
• Rights granted = 132
• Territory = 133
• Rights period = 133
• Term = 133
• Fixed terms and rolling advances = 134
• Minimum commitment = 134
• Advances = 135
• Royalties = 136
• Synchronisation and cover royalties = 137
• Performing income = 138
• Accounting = 139
• What Can You Expect From A Publisher Under An Exclusive Publishing Agreement? = 140
• Moral Rights And Creative Control = 142
• What Type Of Deal Should You Do? = 142
• New Business Models = 143
• Conclusions = 143
• 5 Getting a Record Made
• Introduction = 145
• Production Deals Versus Direct Signings = 145
• Production Deals = 145
• What Is A Production Deal? = 146
• What's In It For The Larger Record Company? = 147
• What's In It For The Production Company? = 147
• What's In It For The Artist? = 147
• Finding A Studio = 148
• Studio Package Deals = 149
• The Recording Budget = 150
• Mastering And Digitisation Costs = 151
• The Producer = 151
• Fee Or Advance = 153
• Royalty = 153
• Recoupment Of Costs = 153
• Who Does The Contract? = 154
• Remix Royalty Reduction = 154
• Credits = 155
• Standard Of Work = 155
• Rights = 155
• Producer's Duties = 156
• Mixing = 157
• Mix Contracts = 158
• Fees And Advances = 158
• Royalties = 158
• Rights = 159
• Mastering = 159
• Delivery Requirements = 160
• Artwork = 161
• Conclusions = 166
• 6 Manufacture and Distribution
• Introduction = 167
• Manufacturing = 168
• P&D Deals = 170
• Majors Versus Indies = 171
• Label Services = 172
• Catalogue Or Single Release Distribution Deal = 174
• Exclusive Versus Non-Exclusive = 175
• Term = 175
• Territory = 175
• Rights granted = 176
• Price = 177
• Payment terms = 177
• Retention of title = 178
• Advances = 179
• Conclusions = 179
• 7 Digital Downloads, Streaming and Marketing
• Introduction = 180
• Overview = 181
• Issues = 183
• Chart Dominance By The Majors = 184
• The Challenge Of Discovering New Music = 184
• What Of The Publishers And The Song? = 185
• Reproduction And Distribution = 185
• Record Companies And Other Players = 186
• Innovations in marketing = 186
• Piracy = 187
• Hargreaves Review And Recommendations = 189
• New Business Models = 191
• Track Downloads = 191
• Subscription Services = 191
• Ad-Funded Streaming Services = 191
• Paying The Artist = 192
• Move Away From Albums? = 193
• Social Networking Sites And Recommendations = 193
• Marketing Online = 194
• Official Websites = 194
• Website And App Design Rights And Copyright = 195
• Data Protection = 196
• Big Data = 197
• Design = 198
• Conclusions = 199
• 8 Branding, Marketing, Merchandising
• Introduction = 200
• Marketing = 200
• Artwork = 201
• Photographs And Biographies = 201
• In-House Or External Marketing = 202
• Tv Advertising = 204
• TV And Radio Pluggers = 205
• What Do You Pay External Pluggers And Press People = 206
• Retainers = 206
• Fixed fees = 206
• Bonuses = 207
• Royalties = 207
• Where do you find them? = 207
• Do they want a contract? = 207
• EPQs = 207
• Videograms = 208
• Long-Form DVDS = 208
• Rights = 209
• Royalty = 210
• Branding = 210
• Branding Of Artists = 213
• Merchandising Deals = 216
• How Do You Go About Getting A Trade Mark? = 216
• How To Apply For A Trade Mark = 219
• Passing Off = 220
• Other Remedies = 224
• Conclusions On Protecting Your Name = 224
• Unauthorised, Unofficial Merchandise = 225
• How Do You Go About Getting A Merchandise Deal? = 226
• The Merchandising Contract = 227
• What Is In A Typical Merchandising Deal? = 227
• Territory = 228
• Term = 228
• Rights granted = 229
• Quality control = 230
• Methods of distribution = 231
• Advances and guaranteed minimum payments = 231
• Royalties and licence fees = 232
• Accounting = 233
• Trade mark and copyright notices = 233
• Termination rights = 233
• Enforcement = 233
• 360-Degree Models = 234
• Conclusions = 235
• 9 Sponsorship
• Introduction = 236
• How Do You Find A Sponsor? = 238
• Sponsorship Agents = 238
• What Do They Charge? = 239
• Ethical Considerations = 240
• Scope Of The Sponsorship Deal = 241
• Exclusivity = 242
• What's In A Typical Sponsorship Deal? = 243
• The services = 243
• Exclusivity = 243
• Territory = 244
• Creative control = 244
• Term = 244
• Banner advertising at venues = 245
• Meet and greets = 246
• Freebies and promotional activities = 246
• Trade mark licences and goodwill = 247
• Payment = 247
• Conclusions = 248
• 10 Live
• Introduction = 249
• Getting Started = 251
• Getting A Booking Agent = 253
• How Do You Find A Booking Agent? = 254
• Written Booking Agency Contract? = 255
• The Conduct Of Employment Agencies And Employment Business Regulations 2003 = 256
• What Is In A Booking Agency Contract? = 257
• Exclusivity = 257
• Territory = 258
• Term = 258
• The booking agent's duties = 259
• Your duties = 260
• The fee = 262
• Accounting = 263
• Assignment and key-man provisions = 264
• Promoters = 265
• What Do Promoters Do? = 265
• What's In A Promoter's Contract? = 266
• Your obligations = 266
• Promoter's obligations = 266
• The Licensing Act = 267
• The Private Security Industry (Licences) Regulations 2004 = 268
• Artist riders = 269
• Fees = 269
• Payment and accounting = 270
• Other income = 270
• Restrictions = 271
• Getting Funding For Live Work = 272
• Tour Support = 273
• How Much Tour Support Will You Need? = 273
• Other Issues = 275
• Tax planning = 275
• Publicising the tour = 276
• Other Personnel = 277
• Tour Manager = 277
• Sound And Lighting Engineers = 278
• Backing Band And Session Musicians = 278
• Conclusions = 280
• 11 Band Arrangements
• Introduction = 281
• Who Owns The Band Name? = 281
• Ownership = 281
• Who Within The Band Owns The Name? = 282
• Band Structures = 284
• Limited Company = 285
• Partnership = 287
• Service Agreements = 288
• Band Income = 288
• Accounting And Tax = 292
• Leaving Member Provisions = 292
• What Happens To A Band's Assets On A Split? = 296
• Conclusions = 300
• 12 Moral Rights and the Privacy of the Individual
• Introduction = 301
• What Are These Rights? = 303
• The Right Of Paternity = 303
• Assertion Of The Right = 305
• The Integrity Right = 306
• False Attribution = 308
• Privacy Of Photographs = 309
• Ownership Of Rights = 309
• Duration Of Rights = 310
• The Catch = 310
• Conclusions = 311
• Privacy Of The Individual = 311
• Social Networking Sites = 321
• Confidentiality Agreements = 322
• Harassment Actions = 323
• Conclusions = 323
• 13 Sampling and Plagiarism
• Introduction = 324
• How Much Is A Sample? = 325
• How Do You Clear A Sample? = 327
• When Should You Seek Permission? = 329
• Where Do You Go To Clear Samples? = 330
• How Much Does It Cost? = 332
• What Happens If You Don't Clear Something? = 333
• Plagiarism = 333
• Sound-Alikes And Parody = 336
• Session Musicians' Claims = 337
• Conclusions = 339
• 14 Piracy
• Introduction = 340
• What Is Piracy? = 344
• Counterfeit Recordings = 344
• Pirate Recordings = 344
• Bootlegs = 346
• How Do You Spot A Physical Counterfeit, Pirate Or Bootleg Record? = 347
• Counterfeits = 347
• Bootlegs = 347
• How Can You Stop Piracy? = 348
• Copyright = 348
• Moral Rights = 348
• Trade Marks = 348
• Trade Description = 349
• Enforcement = 349
• Civil action = 349
• Criminal action = 349
• Private criminal prosecutions = 349
• Trading standards officers = 350
• Anti-Piracy Unit (APU) = 350
• The International Federation Of The Phonographic Industry (IFPI) = 351
• Other Bodies = 351
• 15 Collection Societies
• Introduction = 352
• What Are Collection Societies? = 353
• Blanket Licences = 354
• Administration = 357
• Rights Granted = 358
• Other Collective Bodies = 358
• The Societies = 359
• The British Recorded Music Industry (BPI) = 359
• Phonographic Performance Limited (PPL) = 360
• Video Performance Limited (VPL) = 361
• Association Of Independent Music Limited (Aim) = 361
• The Performing Right Society (PRS) = 361
• The Mechanical Copyright Protection Society Limited (MCPS) = 362
• Acknowledgements = 363
• Index = 365