Music Business Primer

by Rapaport, Diane Sward

• ISBN13: 9780130340771
• ISBN10: 0130340774
• Format: Paperback
• Copyright: 2003-01-01
• Publisher: Prentice Hall

Summary

New, from the author of How to Make and Sell Your Own Recording-the book that revolutionized the recording industry! A Music Business Primer explores the ecology of the music industry. The symbiotic partnership between music businesses and the creativity and talent of musicians and performers is clearly described, for without the contributions of both, there is no music industry. A Music Business Primer contains chapters on how the business works, synopses of controversial industry lawsuits and incisive interviews with influential entrepreneurs such as Peter Gotcher, cofounder of Digidesign; Will Ackerman, cofounder of Windham Hill Records; and Wendy Day, founder of Rap Coalition. The music industry is in a state of flux. Artists, nonprofit associations and industry businesspeople are challenging many of the provisions in major label recording contracts and those marketing and sales practices that choke consumer access to recordings and competition from independent labels. Free file sharing challenges all music businesses to find methods to satisfy the demands of the public for music without destroying the basic principle of copyright law: artists should be paid for their creative works. All of these issues and more are explored in A Music Business Primer.

Table of Contents

Introduction: The Ecology of the Music Business	1	(1)
Entertainment Conglomerates	1	(2)
The Regional Music Industry	3	(2)
Financial Support for Musicians	5	(1)
The Internet's Effect on the Music Industry	5	(1)
Conclusion	6	(1)
The Business of Music	7	(24)
The Language of Business	7	(16)
Financial Statements	8	(1)
Income Statements	9	(2)
Bookkeeping	11	(1)
Business Plans	11	(2)
Business Entities	13	(8)
Taxation	21	(1)
Conclusion	22	(1)
Business Names	23	(2)
Researching a Name's Originality	23	(1)
Establishing Rights to a Business Name	24	(1)
Ownership of the Name	24	(1)
Branding	24	(1)
Interview Highlight	25	(4)
Will Ackerman: The Artist as Businessperson	25	(4)
Resource Highlight	29	(1)
The Small Business Administration	29	(1)
Resources	29	(2)
Creative Rights	31	(34)
Protecting Creative Rights	32	(20)
Copyrights: Musical Works	32	(9)
Copyrights: Sound Recordings	41	(1)
Copyrights for U.S. Composers in Foreign Countries	42	(5)
Copyright Infringement	47	(1)
Piracy	48	(3)
Conclusion	51	(1)
Challenges to Copyrights	52	(6)
Napster	53	(2)
Music Subscription Services Probed for Potential Violations of Antitrust Laws	55	(1)
Lawsuits Against Other Free File-Sharing Services	55	(1)
MP3.com	56	(1)
Doug and Jimmy's Farm Club	56	(1)
Conclusion	57	(1)
Interview Highlight	58	(4)
Pete and Pat Luboff: Songwriters, Publishers and Songwriting Educators	58	(4)
Resource Highlight	62	(1)
The Nashville Songwriter's Association International	62	(1)
Resources	63	(2)
Publishing	65	(22)
The Business of Publishers	66	(10)
Legal Requirements	66	(1)
How Publishers Make Money	67	(2)
Principle Job Responsibilities	69	(1)
Contracts Between Composers and Publishers	70	(3)
Composers Can Form Their Own Publishing Companies	73	(1)
Songsharks and Questionable Practices	73	(1)
Print Music Publishers	74	(1)
Conclusion	75	(1)
Collaborator/Songwriter Agreements	76	(4)
Mark Halloran
Edward Hearn
Percentage Ownership	76	(1)
Grant of Rights	76	(1)
Division of Income	77	(1)
Pursuit of Infringement	77	(1)
Copyright Duration	77	(1)
Copyright Transfers	77	(1)
Different Performing Rights Society Affiliations	78	(1)
Songwriters as Members of Different Bands	78	(1)
Controlled Composition Clause	78	(1)
Coaccounting	79	(1)
Future Generations	79	(1)
Interview Highlight	80	(4)
Michael Eames: Publisher and Musician	80	(4)
Resource Highlight	84	(1)
The Songwriters Guild of American	84	(1)
Resources	85	(2)
Music Licensing	87	(32)
Licensing Music	88	(13)
Researching Song Ownership	88	(1)
Compulsory Mechanical Licenses	89	(3)
Mechanical Licenses for Sampling	92	(1)
Mechanical Licenses for Digital Phonorecord Deliveries (DPDs)	92	(2)
Foreign Sublicenses	94	(1)
Licenses for Public Performances of Musical Compositions	94	(4)
Synchronization Licenses	98	(2)
Sheet Music Licenses	100	(1)
Conclusion	100	(1)
Sampling	101	(10)
Gregory T. Victoroff
Copyright Infringement	101	(2)
Unfair Competition	103	(1)
Rights of Privacy Violations	103	(1)
Federal Antibootlegging Statutes	103	(2)
No Electronic Theft Act	105	(1)
Penalties	105	(1)
Copyright Clearances	106	(4)
American Federation of Musician Payments	110	(1)
Soundtrack Sampling	110	(1)
Conclusion	110	(1)
Interview Highlight	111	(4)
Michael Laskow: Founder, TAXI	111	(4)
Resource Highlights	115	(2)
The National Music Publishers Association	115	(1)
The Harry Fox Agency	115	(1)
The Future of Music Coalition	116	(1)
Resources	117	(2)
Attorneys and Artists' Managers	119	(26)
The Business of Attorneys	120	(4)
Legal Requirements	120	(1)
How Attorneys Make Money	120	(1)
Principle Job Responsibilities	121	(1)
Alternative Dispute Resolution	122	(1)
Conclusion	123	(1)
The Business of Artists' Managers	124	(9)
Legal Requirements	124	(1)
How Artists' Managers Make Money	124	(1)
Principle Job Responsibilities	125	(5)
Contracts Between Artists and Managers	130	(2)
Artists as Managers	132	(1)
Conclusion	132	(1)
National Crackdown on Rave Concerts	133	(4)
Use of the Crackhouse Law	133	(2)
Other Legal Tactics	135	(1)
Conclusion	136	(1)
Interview Highlight	137	(6)
Stan Hertzman: Umbrella Artist Management	137	(6)
Resource Highlight	143	(1)
The Electronic Music Defense and Education Fund	143	(1)
Resources	143	(2)
Talent Agents	145	(18)
The Business of Talent Agents	146	(5)
Legal Requirements	146	(1)
How Talent Agents Make Money	146	(1)
Principle Job Responsibilities	146	(3)
Talent Agency Contracts	149	(1)
Can Acts Be Their Own Talent Agents?	150	(1)
Conclusion	150	(1)
Black Promoters Sue Talent Agencies and Concert Promoters	151	(2)
Interview Highlight	153	(5)
Edna Landau: IMG Artists	153	(5)
Resource Highlight	158	(1)
The National Association for Campus Activities	158	(1)
Resources	158	(5)
Concert Promotion and Arts Administration	163	(24)
The Business of Concert Promotion	164	(9)
The Role of Music Unions	164	(1)
How Concert Promoters and Arts Presenters Make Money	165	(1)
The Importance of Draw	165	(1)
Income and Expense	165	(1)
Concert Promotion Contracts	166	(3)
Principle Job Responsibilities	169	(2)
Can Acts Promote Their Own Concerts	171	(1)
College and University Promoters	171	(1)
Promoters of Benefit Concerts	171	(1)
Showcases	172	(1)
Conclusion	172	(1)
Arts Administration and the Cultural Arts	173	(4)
Arts Presenters Income	173	(1)
Principle Job Responsibilities	174	(1)
Artistic Mission	174	(1)
Funding	174	(1)
Audience Development	175	(1)
Working with Universities	176	(1)
Conclusion	176	(1)
Interview Highlight	177	(5)
Julie Lokin, Cofounder, New Audiences Productions, Inc	177	(5)
Resource Highlights	182	(1)
The Association of Performing Arts Presenters	182	(1)
The National Endowment for the Arts	182	(1)
The International House of Blues Foundation	183	(1)
Resources	183	(4)
Record Companies	187	(28)
The Business of Record Companies	188	(16)
Recording Labels	188	(2)
Legal Requirements	190	(1)
How Record Companies Make Money	191	(1)
Recording Costs	192	(2)
Principle Job Responsibilities	194	(1)
Getting Record Deals: Major Labels	194	(2)
Getting Record Deals: Independent Labels	196	(1)
Contracts Between Record Companies and Artists	196	(7)
Conclusion	203	(1)
Independent Record Labels	204	(4)
Training Ground for Major Labels	205	(1)
Control of Artists' Careers	205	(1)
Revitalization of Regional Economies	205	(1)
Indies Under Siege	205	(1)
The Internet: A New Ally	206	(1)
Conclusion	207	(1)
Interview Highlight	208	(2)
Marco ``Magic'' Cardenas: Nasty Boy Records	208-209	(210)
Resource Highlights	210	(1)
Recording Industry Association of America	210	(1)
The Foundation to Assist Canadian Talent on Records	211	(1)
Resources	211	(4)
Marketing and Selling Records	215	(36)
Marketing Records	216	(16)
Market Research	216	(4)
Scheduling and Allocating Priorities for Record Label Releases	220	(1)
Marketing Materials	220	(1)
Marketing Campaigns	221	(8)
Selling Records	229	(2)
Conclusion	231	(1)
Creating A Story: The Radio Airplay Bandwagon	232	(1)
Bryan Farrish
Interview Highlight	233	(7)
Wendy Day: Founder, Rap Coalition	233	(7)
Resource Highlights	240	(2)
National Association of Recording Merchandisers	240	(1)
Association for Independent Music	241	(1)
Resources	242	(9)
Audio Services	251	(20)
The Audio Industry	252	(10)
Recording Studios	252	(3)
Recording Personnel	255	(3)
Replication Services	258	(2)
Sound Reinforcement Services	260	(1)
Audio Technology Manufacturing	260	(1)
Conclusion	261	(1)
Interview Highlight	262	(4)
Leslie Ann Jones: Director of Music Recording and Scoring at Skywalker Sound, A Division of Lucas Digital, Ltd. LLC	262	(4)
Resource Highlight	266	(1)
The Audio Engineering Society	266	(1)
Resources	267	(4)
Manufacturing and Retailing	271	(35)
Musical Instruments and Audio Products	272	(7)
Sales	272	(1)
Marketing and Promotion	273	(3)
Music Education and Retailing	276	(2)
Music Business and Audio Education	278	(1)
Conclusion	278	(1)
Interview Highlights	279	(7)
Peter Gotcher: Cofounder, Digidesign	279	(3)
Director of Sales and Marketing, Music Sales, Omnibus Press and Schirmer Trace Books	282	(4)
Steven Wilson
Resource Highlight	286	(1)
NAMM, The International Music Products Association	286	(1)
Resources	287	(2)
Resources	289	(17)
Federal Agencies	289	(1)
Organizations and Trade Associations	289	(10)
Unions	299	(1)
Trade Publications	299	(5)
Industry Directories	304	(1)
Recording Catalogs	305	(1)
Bibliography	306	(3)
About the Author	309	(1)
Contributing Authors	310	(1)
Index	311	(18)
About Jerome Headlands Press	329