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What They'll Never Tell You About The Music Business - Peter M. Thall

What They'll Never Tell You About The Music Business


Published: 12th January 2010
RRP $43.99
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"For someone on the way up, this book is a must; for everyone else, it's a bible."--Danny Strick, co-President, SonyATV Music Publishing, Inc.
This completely revised and expanded edition of "What They'll Never Tell You About the Music Business" is a must-have reference not only for aspiring songwriters, record producers, and performing artists but also for record company executives, personal and business managers, agents, and attorneys. You'll learn:
*How the Internet has affected every aspect of the music business, from copyright and royalty issues to censorship
*How many musicians have seized do-it-yourself Internet opportunities to create successful business models
*How satellite radio, digital jukeboxes, and video games are affecting the music market
*How artists can maximize their chances for long-term financial health
*How the royalty pie is sliced--and who gets the pieces
*What snares and pitfalls to avoid when signing an employment contract
*And much more.
"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
"Thall's 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.
"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 & Chief Executive Officer, Universal Music Publishing Group
"Intelligent and accessible--rich in references, but easily understandable."--David Geffen
"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

"Intelligent and accessible." -- David Geffen

Prefacep. ix
Acknowledgmentsp. xii
Introductionp. 1
Selecting the Right Attorneyp. 2
Personal Representationp. 3
Deal Makers: Why You Need Themp. 4
Deal Blockers: How to Get Past Themp. 5
Staying the Course or Calling It Quitsp. 6
Investors: The High Costs of Low Financep. 8
The Costs of Being Heardp. 8
Of Investors and Investment Agreementsp. 9
Finding the Moneyp. 9
Internet-Specific Offeringsp. 12
The Safe Harbor Disclaimerp. 13
Getting the Right Advicep. 13
Paying it Backp. 13
Overcalls and Conversionsp. 15
Commissionsp. 15
Should He Who Pays the Piper Call the Tune?p. 16
Advances: Why They Seem a Lot Like Loans (and Vice Versa)p. 17
A Sad Story and a Happy Story About Advancesp. 18
Is One Person's Money Another Person's Motivation?p. 20
Royalties: Some Unvarnished Truthsp. 22
How the Royalty Pie Is Sliced and Who Gets the Piecesp. 23
Recording Costsp. 24
Payment on Less Than 100% of Records Soldp. 26
"New" Technology?p. 26
"Special" Categoriesp. 27
Two Diabolical Deduction Devicesp. 29
Reducing Mechanical Royaltiesp. 31
Special Issues Regarding Controlled Compositionsp. 32
The Beat Goes On: Other Important Deductionsp. 33
Prepayment of Royaltiesp. 36
The Myth of Royalty Escalationsp. 37
Free Goodsp. 38
Lost or Misplaced Royaltiesp. 39
Chipping Away at Post-Term Royalties: Synchronization Licensesp. 39
Accountings, Audits, and the Statute of Limitationsp. 40
How Responsible Should Record Companies Be?p. 42
The Effects of Digital Downloading on Pricing and Royaltiesp. 43
Personal Management: The Whys, Wherefores, and Watch Outsp. 49
What a Personal Manager Should (and Should Not) Be Expected to Dop. 50
Managing the Five Stages of an Artist's Careerp. 51
Remakesp. 54
KMMA Keep My Music Available-At All Costsp. 55
Choosing Your Managerp. 59
The Question of Cloutp. 60
Paying Your Managerp. 62
The Term of the Agreementp. 67
Extending or Terminating an Artist-Manager Relationshipp. 67
Breach of Contract in Artist-Manager Agreementsp. 72
Managing Your Business and Your Financial Future: When "Show Me the Money" Isn't Enoughp. 74
What a Business Manager Doesp. 75
Finding the Right Personp. 75
Certified Public Accountantsp. 75
Auditing the Auditorp. 77
What Kind of Business is Being Managed?p. 77
Should You "Do Business As" or Form a Partnership?p. 78
Money Means Options: Resisting the "Keep 'Em Poor" Philosophyp. 84
Managing Your Moneyp. 85
Making It and Saving Itp. 89
When Your Jon Is More than a Gig: Employment Agreements and Disagreementsp. 93
Term of Employmentp. 93
Dutiesp. 93
Reporting Linesp. 94
Confidentiality and Competitionp. 95
Stock Optionsp. 97
Perksp. 98
Terminationp. 99
Relocation and Re-Relocationp. 102
Visasp. 103
Disability and Deathp. 103
Provisions That Survive Terminationp. 103
Vacationsp. 104
Release and Settlementp. 105
Employment Issues Specific to the Music Industryp. 105
Variations of Royalty Calculationsp. 107
Employment Agreements with Celebrities and Others Otherwise Engagedp. 110
Mailp. 111
The Ownership of Ideasp. 111
Record Producers: Are They as Sharp as Their Points?p. 113
How 25% Can Equal 100%p. 113
Cross-Collateralization: It Does Not Apply to the Producerp. 115
Producers' Royalty Provisions: The Basicsp. 116
The Producer as Author of the Sound Recordingp. 122
Producers and Neighboring Rightsp. 123
Getting Your Record Heard: A Practical Guide to Marketing and Promotionp. 125
Marketing Toolsp. 125
The Goal-Oriented Campaignp. 126
The Record Contractp. 128
Do Record Companies Know What They Are Doing?p. 132
Victim or Victor?p. 133
Television Campaignsp. 134
Radio Promotionp. 134
Airplay and Payolap. 135
The Same Old Song (Only the Coda Is New)p. 138
The Beginning of the End?p. 140
A Brief Look at the Promotional Picture-From the Artist's Point of Viewp. 141
Touring concerns: Trials and Tribulationsp. 143
The Club Tourp. 143
The Grand Tourp. 144
Merchandising: Your Band; Your Brandp. 160
Tour Merchandisingp. 160
Retail Merchandisingp. 169
Confidentialityp. 173
Compliance with Local Lawsp. 173
End-of-Term Inventory and Sell-Offp. 174
Artwork and Photographsp. 174
Couplingp. 175
Life and Disability Insurancep. 175
Piracyp. 176
Auditsp. 177
Audits: Truth or Consequencesp. 178
Examining the Auditp. 178
The Flow of Moneyp. 181
Access to Registration Informationp. 182
The Black Box or "Something Is Abyss Here"p. 182
Television Campaignsp. 183
Interest Chargesp. 183
Statutes of Limitationsp. 184
Conducting Audits In Foreign Countriesp. 185
A Few Practical Suggestionsp. 186
The Right to Audit: A Contract Issuep. 188
Music Publishing: The Odyssey of the Songp. 190
What Is a Music Publisher-and What Does It Publish?p. 190
Copyright: A Bundle of Intangiblesp. 192
Financial Secrets and Realitiesp. 195
Mechanical Royalty Rates Outside of the United Statesp. 197
Top Gun-A Top Buyout for Paramountp. 198
The Administrating Functionp. 200
Family Ties (Too Close to Sue)p. 201
When Your Publisher Forgets Youp. 202
Foreign Taxesp. 203
At-Source Versus Receipts Dealsp. 204
The Black Box Revisitedp. 205
Copyright Reversionsp. 206
When Rodgers Meets Hammerstein: Determining Songwriter Creditsp. 208
Cowriting Agreementsp. 208
Cowriters Who Are Band Membersp. 209
Being Your Own Music Publishing Company: Pros and Consp. 213
Self-Publishingp. 213
Getting in Touch with the Copyright Officep. 214
Why Bother Doing It Yourself?p. 218
Acquiring Copyrightsp. 219
Reversion of Copyrightsp. 219
The Value of the Copyrightp. 221
The Impact of Administrating Costs on True Earningsp. 222
The Cost of Giving Away a "Piece" of the Publishingp. 223
Internet Entrepreneurship: Doing it Yourselfp. 224
Competing with the Big Boysp. 224
Artist, Songwriter, Performer-and E-Commerce Expert?p. 225
Making a Livingp. 226
Stealing and Protecting Against Itp. 227
Do's and Don'ts of Internet Entrepreneurshipp. 227
Manufacturing and Distributionp. 229
Podcastingp. 229
Instantaneous Dissemination of Live Performancesp. 230
Creating a Websitep. 230
Which People Should Do It Themselves?p. 231
A Word of Warning-And Encouragementp. 232
Lost, Misplaced, Neglected, and Abandoned: Royalty Opportunities You Were Never Told Aboutp. 233
An Introduction to Neighboring Rightsp. 233
Broadcast Mechanicalsp. 234
Neighboring Rights in Our Own Backyard: Canadap. 235
Lost, Misplaced, Neglected, Or Abandoned: Which Category Are Your Royalties In?p. 236
Show Me the Moneyp. 239
Two Neighboring Rights-Friendly Countries: The U.K. and the Netherlandsp. 239
Urban Music: The Beat Goes Onp. 242
Rootsp. 242
The Milieup. 242
Urban Music: The Producer's Cosmosp. 244
Different Strokes For Hip-Hop Folksp. 244
Rap as Protestp. 246
The Importance of the Mixp. 247
Career Ceilingsp. 247
Hip-Hop and Pop Culturep. 247
Business Management and the Management of Businessp. 248
The Changing Imagep. 249
Contractual Issuesp. 249
The Rap Coalition: Self-Help Exemplifiedp. 250
Hip-Hop Rulesp. 251
Classical Music: Dead or Alive?p. 252
A Little Historyp. 252
Demise or Rejuvenation?p. 253
An Essential for Success: Spiritualityp. 257
New Life for an Old Genrep. 258
The CD Arrives: Both a Blessing and a Cursep. 259
The Internet: Is It the Answer?p. 260
The Role of Record Companiesp. 262
The Composer-Artist: Special Considerationsp. 265
Classical Managementp. 266
Presenting the Singerp. 269
Music Educationp. 270
Termination of Grants Of Copyrights: For Every End, a Beginningp. 273
Basic Term of Protectionp. 273
Termination of Grantsp. 273
"K-K-K-Katy"p. 274
Duration of Copyright: Subsisting Copyrightsp. 274
Who Can Terminatep. 275
The Control of Termination Decisionsp. 275
The Rights Grantedp. 275
The Windows for Terminationp. 276
When Automatic Renewal Appliesp. 277
The Sonny Bono Term Extension Actp. 277
Keeping Recordsp. 277
The Technical Requirements for Terminationp. 278
Compliance With Copyright Laws: Hints for the Corporate Counselp. 279
Intangible Rights and the Internetp. 279
Licensing From Music Publishers and Sound Recording Ownersp. 280
Copyright Provisions Applicable to the Internetp. 282
Term of Copyrightp. 284
Sampling, Borrowing, and Stealingp. 284
Rights Managementp. 285
Dangerous Language Alertp. 285
Music Clearance: The Music Industry's Revengep. 286
International Issues: One-Stop Shoppingp. 287
Catalogue Valuation: How to Improve Your Odds at Winning Bigp. 289
Factors in Valuing Catalogues: An Overviewp. 290
Evaluating Datap. 293
Who Owns the Catalogue?p. 296
Termination Issuesp. 297
The "Trunk"p. 297
Who's Sorry Now? The Blackbirdp. 298
Copyright Issues: A Samplerp. 300
Changing Copyright's Imagep. 300
Copyright Infringementp. 301
Samplingp. 304
The Impact of the Internet on Recording and Publishing Agreementsp. 306
The Internet Is Global: So What? I'll Tell You Whatp. 308
What Is to Be Done?p. 309
The Fairness in Music Licensing Actp. 312
The Copyright Term Extension Act: A Lesson in Leveragep. 312
MP3: How Two Letters and a Numeral Terrorized an Entire Industryp. 313
Napster and Post-Napsterp. 313
Copyright: Can't Live With It-Can't Live Without Itp. 315
Battles or Battle-Axesp. 315
Copyleft (aka Copy Wrong), But Not Copyrightp. 317
The Clearance Nightmarep. 321
Copyright and Personal Propertyp. 324
Misuse of Copyrightp. 325
Some Suggested Solutionsp. 326
Indexp. 331
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780823007080
ISBN-10: 0823007081
Audience: General
Format: Paperback
Language: English
Number Of Pages: 352
Published: 12th January 2010
Publisher: Watson-Guptill Publications
Country of Publication: US
Dimensions (cm): 22.86 x 15.24  x 2.54
Weight (kg): 0.43
Edition Number: 1