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Music business handbook and career guide PDF

584 Pages·2017·14.15 MB·english
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https://jigsaw.yuzu.com/api/v0/books/9781506303154/print?from=... To my family, and to those in the business who care about the music, too Music Business Handbook and Career Guide 11 edition DAVID BASKERVILLE 1 of26 4/14/20179:46AM https://jigsaw.yuzu.com/api/v0/books/9781506303154/print?from=... Professor Emeritus, Late of the University of Colorado, Denver TIM BASKERVILLE FOR INFORMATION: SAGE Publications, Inc. 2455 Teller Road Thousand Oaks, California 91320 E-mail: [email protected] SAGE Publications Ltd. 1 Oliver’s Yard 55 City Road London EC1Y 1SP United Kingdom SAGE Publications India Pvt. Ltd. B 1/I 1 Mohan Cooperative Industrial Area Mathura Road, New Delhi 110 044 India SAGE Publications Asia-Pacific Pte. Ltd. 3 Church Street #10-04 Samsung Hub Singapore 049483 Copyright © 2017 by Sherwood Publishing Partners All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher. 2 of26 4/14/20179:46AM https://jigsaw.yuzu.com/api/v0/books/9781506303154/print?from=... Printed in the United States of America ISBN 978-1-5063-0313-0 This book is printed on acid-free paper. Staff for the Eleventh Edition Editor: Tim Baskerville Project Manager: Deborah Barber Senior Contributing Editors: Robert Marich, Dave Laing, Lynne Dundas Contributing Editor: Peter J. Strand of Leavens, Strand & Glover, LLC Photo Editor: Deborah Barber Editorial Consultant: Roberta Baskerville SAGE Staff for the Eleventh Edition Acquisitions Editor: Maggie Stanley Associate Editor: Abbie Rickard Editorial Assistant: Nicole Mangona eLearning Editor: Katie Bierach Production Editor: Olivia Weber-Stenis Copy Editor: Gillian Dickens Typesetter: C&M Digitals (P) Ltd. Proofreader: Sue Irwin Indexer: William Ragsdale Cover Designer: Janet Kiesel Marketing Manager: Ashlee Blunk Brief Contents Foreword by Nile Rodgers Preface Online Resources Acknowledgments About the Authors 3 of 26 4/14/2017 9:46 AM https://jigsaw.yuzu.com/api/v0/books/9781506303154/print?from=... Part 1 Setting the Stage 1. Overture 2. The Digital Millennium 3. The Music Business System Part 2 Copyright, Songwriting, Publishing, and Licensing 4. Music Copyright 5. Professional Songwriting 6. Music Publishing 7. Music Licensing Part 3 Managing Artist Relationships 8. Agents, Managers, and Attorneys 9. Artist Management 10. Unions and Guilds Part 4 The Recorded Music Industry 11. Record Labels 12. Artists’ Recording Contracts 13. Record Production 14. Record Label Marketing and Distribution 15. Marketplace Research Part 5 Live Performance 16. Concert Production 17. Concert Venues 18. Arts Administration Part 6 Music in the Marketplace 19. Music in Radio 20. Music in Television and Video 21. Dramatic Scoring for Movies, TV, and Games 22. Music in Advertising 23. Music and Theater 24. Music Products 25. Business Music and Production Libraries Part 7 The Entrepreneurial Musician 26. The DIY Toolkit 27. Starting Your Own Business Part 8 Career Planning and Development 28. Career Options 29. Career Development Part 9 The Global View 30. The World Outside the United States 31. International Copyright Appendix A: Membership and Copyright Forms Appendix B: Selected Readings Glossary Index 4 of 26 4/14/2017 9:46 AM https://jigsaw.yuzu.com/api/v0/books/9781506303154/print?from=... Detailed Contents Foreword by Nile Rodgers Preface Online Resources Acknowledgments About the Authors Part 1 Setting the Stage 1. Overture Music and Society: We’ve Got Music in Us Art Versus Commerce: Music Changes Everything Historical Development Finding a Paying Audience Mass Media: Yesterday, Today, and Tomorrow 2. The Digital Millennium The Double-Edged Sword Internet Synergy Labels Sow Seeds of Self-Destruction Smaller, Cheaper, Faster, Better (?) The Economics of Digital Distribution: Change and Evolution The New Economic Order iTunes Arrives Streaming Consolidation Where the Money Is Today The Digital Future 3. The Music Business System Help Wanted! Getting Through the Maze Show Me the Money Tools of the Trade: Everybody’s Gotta Learn Sometime Part 2 Copyright, Songwriting, Publishing, and Licensing 4. Music Copyright Background Essential Provisions Key Terms Coverage Exclusive Rights Fair Use of Copyrighted Material Copyright Ownership Ownership Limitation Collective Works Film Music 5 of 26 4/14/2017 9:46 AM https://jigsaw.yuzu.com/api/v0/books/9781506303154/print?from=... Transfer or Assignment Recordation of Transfer Termination or Recapture Work Made for Hire Musical Arrangements Arrangers’ Rights Public Domain Sound Recordings Performance Right Exclusion Imitation Exclusion Compulsory Mechanical License Compulsory License Bypass Royalty Payments (Section 115[c]) Duration of Copyright Subsisting Copyrights in Their First Term on January 1, 1978 (Section 304) Renewal Registration Subsisting Copyrights in Their Renewal Term After 75 Years After January 1, 1978 Works in the Trunk (Section 303) Formalities Notice on Printed Music Notice on Phonorecords (Section 402) Notice Errors or Omissions Deposit (Section 407) Registration (Section 408) Fees (Section 708) Copyright Royalty Board Infringement, Remedy Record Counterfeiting, Penalties Changing Laws First Sale Doctrine The Audio Home Recording Act of 1992 (AHRA) The Digital Performance Right in Sound Recording Act of 1995 (DPRA) The Digital Millennium Copyright Act of 1998 (DMCA) Revival from Public Domain Rights in Names and Trademarks Selection of a Name Rights in a Name A Final Note on Law 5. Professional Songwriting The Market Predictors of Success The Craft Collaboration Copyright Registration The Business of Writing From Tin Pan Alley to the Brill Building ... ... To the Home Studio 6 of 26 4/14/2017 9:46 AM https://jigsaw.yuzu.com/api/v0/books/9781506303154/print?from=... The Performer’s Dual Role Income Sources Income From a Recording Performance Royalties and New Revenue Streams Publishing Options Staff Writers Label-Affiliated Deals Evaluating Publishers The Songwriters Guild of America The Songwriters Guild of America Contract Contract Reassignment or Default Breaking In Demonstration Recordings Local Promotion Promotion by Mail and Email Direct Contact With Publishers Network, Network, and Then Network Some More 6. Music Publishing Types of Publishers Major Companies Recording Company Affiliates Independent Publishers Educational Publishing Specialty Publishers Concert Music Print Licensees Subpublishing Subpublishing Agreements At-Source Deals Versus Receipts-Basis Deals Administration Royalty Department Copyright Department Legal and Business Affairs Print Publishing Operations Distribution Audit/Tracking Creative Department Contracts With Writers Split Publishing, Copublishing Copyright Protection: Sampling Promotion, Advertising Popular Music Educational Field Classical Field Income Sources Trade Associations and Rights Administration National Music Publishers’ Association The Harry Fox Agency Association of Independent Music Publishers 7 of 26 4/14/2017 9:46 AM https://jigsaw.yuzu.com/api/v0/books/9781506303154/print?from=... 7. Music Licensing Music Rights: An Overview Performing Rights Organizations Performance Licensing: The Nuts and Bolts Keeping Track of the Music Royalty Distribution Foreign Collections Membership Options American Society of Composers, Authors and Publishers Broadcast Music Inc. SESAC SoundExchange Mechanical Licenses Synchronization Licenses Movie Rights TV Program Rights New Use Rights Cable Television Licenses Cable TV Network Licenses Video Licenses Transcription Licenses Special Use Permits TV Commercials Video (Electronic) Games Jukebox Licenses Dramatic Music Rights Creative Commons Part 3 Managing Artist Relationships 8. Agents, Managers, and Attorneys Agents Regional and Boutique Agencies National Full-Service Agencies Regulation of Agents Managers Regulation of Managers Disputes With Clients Assistants to Management Attorneys Retaining Legal Counsel 9. Artist Management Discovering Each Other The Financial Relationship Controlling Expense Manager’s Commission Going Rates The Money Flow A Possible Compromise The Manager’s Role Producing the Act 8 of 26 4/14/2017 9:46 AM https://jigsaw.yuzu.com/api/v0/books/9781506303154/print?from=... Programming Advancing the Career Gaining Traction as an Aspiring Talent Landing the Record Deal Care and Feeding of the Media Controlling Performances Personal Management Agreement 10. Unions and Guilds American Federation of Musicians Union Finance Other Services SAG-AFTRA The 4As American Guild of Musical Artists American Guild of Variety Artists Actors’ Equity Association International Alliance of Theatrical Stage Employees Other Unions and Guilds National Association of Broadcast Employees and Technicians– Communications Workers of America Dramatists Guild of America, Inc. Related Unions and Guilds Open Shop Agreements Other Issues Part 4 The Recorded Music Industry 11. Record Labels Perspective Major Labels Independent Labels Specialty Labels Record Company Structure Executive Officers (CEO, COO, CFO, General Manager) Artist and Repertoire (A&R) Distribution/Sales Marketing Special Products (Catalog) International Department Business and Legal Affairs Accounting Merchandise Publishing Affiliates Trade Associations Recording Industry Association of America The Recording Academy 12. Artists’ Recording Contracts SAG-AFTRA Agreements Vocal Contractors Scale Acquired Masters 9 of 26 4/14/2017 9:46 AM

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