About the Post

Author Information

Steve Moore, B.A., J.D. Author Steve has been in the music business for over 30 years! He's worked as a professional musician, producer, and has been involved in almost every aspect of the music business. He's also the author of "The Truth about the Music Business"

Table of Contents

The Truth about the Music Business

 TABLE OF CONTENTS

Forward

Preface 

 Contents  

 

Chapter One—Entertainment Attorneys 39

“The Pocket Guide to Entertainment Attorneys”

Intro

What is an entertainment lawyer?

What does an entertainment Lawyer do?

What can an entertainment lawyer do for me?

What does a lawyer charge?

  • Retainers
  • Hourly Rates
  • Flat Fees
  • Value Added Billing
  • Contingency Fees
  • “Spec” Deals

Double Billing

Incidentals

Over Billing

Saving Legal Costs

Attorney Referrals

Getting Along with your Attorney

          Conclusion

 

Chapter Two—Choosing a Business Structure

“It’s not as simple as you might think…”

Intro

Sole Proprietorships

General Partnerships

Limited Partnerships

Joint Ventures

Corporations

Limited Liability Companies

Limited Liability Partnerships

Professional Associations, L.L.C., and Corporations

Nonprofit and Not-for-Profit Companies

So what’s next?

Caveat

Why worry about it…?

Conclusion

Chapter Three—Creating a Business Plan

“Save your duct tape…fix it before it breaks”

Intro

Do you need a business degree?

What is it that you plan to do?

The Elements of a Business Plan

  • Summary
  • Business Objective
  • Mission Statement
  • Business Structure
  • Company Ownership/Management
  • Marketing Strategies
  • Comparisons with your Competition
  • Promotions
  • Sales Strategies
  • Distribution
  • What Makes Your Business Special?
  • Market Analysis
  • Industry Analysis
  • Outsourcing
  • Newer Technologies
  • Financial Plan
    • Start-up costs
    • Income Statement
    • Break-even analysis
    • Projected cash flow
    • Balance Sheet
    • Paying off Debt

Conclusion

 

Chapter Four—Advertising, Marketing,

Promotion & Distribution

“Hey, Where are all the Customers?”

Intro

  • Advertising Defined
  • Marketing Defined
  • Promotions Defined

Advertising

  • Newsprint
  • Newsweeklies
  • Magazines
  • Radio
  • Television
  • Billboards
  • Bus stop/bench Ads
  • Direct Mail Advertising
  • E-mail Advertising
  • Yellow Pages
  • Fliers (Guerilla Advertising)
  • Magnets/Mobile Advertising
  • Bathroom Advertising
  • Remembrance Advertising
  • Marketing your Business
  • Marketing your Record

          Marketing

Build Your “Brand”

Publicity/Media Marketing

Promotions

  • Promoting your Business
  • Promoting your Record

Getting Airplay

Internet Marketing

  • Build a Website
  • Start a Fan Club or Newsletter
  • Post Cards

Internet Promotions and Publicity

Distribution

          Conclusion

 

Chapter Five —Useful Tips

“The harder you work the luckier you’ll get”

Intro

Work Hard Then Harder

Be Organized

  • Day-to-Day
  • Week-to-Week
  • Month-to-Month
  • Year-to-Year

Look to the Future

Go to where the action is…

Do your Homework

Make Yourself More Memorable

·        Be Grateful

  • Be Professional
  • Check your Ego at the Door
  • Be a Team Player

Get a Business Card

Put together a professional Promo Kit

What was I looking for?

  • Quality Product
  • Depth of Material

Using a Computer

  • Build a Website
  • Start a Fan Club
  • Build a Mailing List
  • Do a Newsletter

Keys to Success

Conclusion

Chapter Six—Intellectual Property

“Protecting Your Rights…”

Intro

Intellectual Property Defined

Copyrights

  • Copyrights Defined
  • Common Law Copyright
  • International Copyright
  • State vs. Federal
  • Federal Copyright
  • Bundle of Rights
  • Statutory Copyright
  • What type of form should I fill out?
  • How to File Your Copyright
  • Compulsory Mechanical Licenses
  • Word for a Third
  • Works for Hire
  • Assignment of Copyright
  • Termination of Rights
  • Derivative Works
  • Derivative works defined (indent)
  • Copyright Infringement
  • Remedies and/or Penalties for Infringement
  • Statute of Limitations
  • Fair Use

Trademarks

  • Trademark Defined

Trademark and Service Marks

Federal vs. State Trademark

Classes of Good or Services

Common Law Trademark

Federal Registration

Branding

Choosing the “Wrong” Name

Trademark Registration

Trademark Searches

Infringement

Statute of Limitations

  • Zone of Expansion
  • Choosing a Good name
  • Trademark Searches
  • Secondary Meaning
  • Statute of Limitations

Patents

  • Patent Defined

Trade Secrets

  • Trade Secrets Defined

Non-Disclosure Agreement

Non-circumvention Agreements

Non-compete Agreements

          Publicity and Privacy Rights
  • Right of Privacy/Right to Privacy Defined
  • Publicity Right Defined

Conclusion

 

Chapter Seven—Publishing

“Where the Real Money Is…”

Intro

Setting up Your Business

Acquiring Catalogue

Pitching Your Songs

Song Pluggers

Management

Administration

Publishing Deals

The Split

  • Writers Share
  • Publishers Share

Single Song Contracts

Exclusive songwriters contracts

Advances

Recoupment

Cross-Collateralization

Power of Attorney

Right of Publicity

Right to Indemnity

Right to Change or Adapt

Jurisdiction

Territory

At Source Royalties

Reduced Rates

Term

Options

Prior Compositions

Minimum Commitment

Accounting Periods

Right To Audit

Termination of Rights

Retention Periods

Performance Clauses

Reversions

Buy back clauses

Third Party Assignment of Copyright

Exclusions

Administration contracts

Co-Publishing Contracts

Revenue Streams

Mechanical Rights

Performance Rights

Synchronization Rights

Print Rights

Grand Rights

Jingles

Foreign Licensing

Miscellaneous Uses

Conclusion

 

Chapter Eight—Digital Music Rights

          Intro

File Sharing

          Copying CD’s

Should File Sharing be Legal?

  • Theft

Lost Revenues

  • Licenses on Blank CD’s

Right to Privacy

  • The Fourth Amendment

Will File Sharing Ever Stop?

New Models

What is Legal?

  • Fair Use
  • Right of First Sale

Possible Solutions

  • Pay Per Download
  • Subscription Services
  • Encryption and Password Protection
  • Blanket Royalties
  • Software and Site Regulation
  • New Legislation

Legislation

Digital Rights Management

Audio Home Recording Act

The Federal Anti-Bootleg Statute

Digital Performance Right In Sound Recording Act

World Intellectual Property Organization Treaty

No Electronic Theft Act

Digital Millennium Copyright Act

Digital Music Rights Act

The Piracy Deterrence and Education Act

The Future is Digital

Conclusion

 

Chapter Nine —Why Sign a Record Deal?

“Can’t you just do it yourself?”

Intro

          Deal Points for a Major Label

  • Options
  • Number of Releases
  • Term
  • Exclusivity
  • Territory
  • Creative Control
  • Ownership of the Masters
  • Co-Publishing
  • Controlled Composition Clause
  • “All In” Rate
  • Royalties and Deductions
  • Reduced Rates for Digital Rights
  • Tour Support
  • Merchandising
  • Recording Costs
  • Video Budget
  • Marketing and Promotions
  • Advances
  • Budget Recoupment
  • Cross-Collateralization
  • Publicity Rights
  • Reasonable Appearances
  • Unions
  • Assignment of Contract
  • Key Man Clauses
  • Indemnification
  • Suspension Clauses
  • Accounting
  • Right to Audit
  • Most Favored Nations
  • Termination

Independent Label Deal Points

Assignment of Contract

Joint Ventures

Assignment of Trademark: Caveat!

          What if you do it yourself?

On-line Deals

          Conclusion

 

Chapter Ten—Making Demos vs. Masters

“In the land of the blind, the one eyed man is king…”

Intro

Picking the Studio

Picking the Engineer

Picking the Producer

The Executive Producer

Studio Musicians

Clearances

Recording Budget

Be Prepared

Pre-Production

Load-in and Setup

Basic Tracks

Overdubs

Mixing

Mastering

Negotiation Points

Clearances

Who owns the masters?

Bootlegs/Unfinished Masters

Graphics/Content

UPC Codes

Manufacturing

Starting Your Own Label

Distribution

Shopping your CD or Demo

Joint Ventures

Internet Distribution

Conclusion

 

Chapter Eleven —Management and Others

“How your slice of the pie gets smaller…”

Intro

Personal Manager

Business Manager

Road Manager

Road Crew

Booking Agent

Public Relations

Accountants

Attorneys

Personal Assistants

Ancillary Services

Conclusion

 

Chapter Twelve —General Principles of Contract

“Expect the best, prepare for the worst!”

Intro

Contract Basics

  • Contracts Defined

Oral vs. Written Contracts

Parole Evidence

Statute of Frauds

The Parties

Agency

Signatures

Term

Implied or Express Contracts

Quasi-Contracts

Offer, Acceptance, and Consideration

Meeting of the Minds

Good Faith

Reasonableness

Expectation, Reliance, and Forbearance

Conditional Contracts

  • Condition Precedent
  • Condition Subsequent

Option Contracts

Subsequent Modifications

Attorney’s Fees and Costs

Arbitration and Mediation

Breach of Contract

Adequate Assurance of Performance

Duty to Cover

Remedies for Breach

  • Specific Performance
  • Injunctive Relief
  • Rescission
  • Repudiation

Damages

  • Compensatory Damages
  • Consequential Damages
  • Punitive Damages
  • Nominal Damages
  • Liquidated Damages
  • Pain and Suffering

Negotiating Tips…

Conclusion

 

Chapter Thirteen—Negotiating

“Looking for the Win-Win Situation…”

Intro

Negotiating Tips

Who is making the offer and why?

What are you negotiating?

Do Your Homework

Prepare Options

Don’t be Confrontational

It’s not about Winning or Emotions

Understand the Other Person & Their Personality

Solicit Responses and Clarifications

Be Clear About What You Want

Look for Positive Signs

Negotiate Upward

          Understand the Give and Take

Be Creative

          Don’t Tip Your Hand

Know When to Quit

          Put Your Agreement in Writing

          Conclusion

 

Chapter Fourteen—Questionable Practices

“Caveat Emptor (Let the buyer beware)”

Intro

Song Sharks

The Numbers Game

Custom Label Deals

Custom Producers

Independent Music Charts

Internet Companies

Bogus A & R Services

Bogus Talent Scouts/Talent Agents

Bogus Seminars

Pay to Play Clubs

Are these practices illegal?

Can I sue them?

Consumer Protection Acts

Conclusion

 

Chapter Fifteen—Collecting Your Money
          “Where did it all go?”

Intro

Exhausting all Possibilities

Writing a demand letter

Getting an Accounting

Defenses to Court Actions

  • Statute of Limitations
  • Statutes of Repose
  • Doctrine of Laches
  • Accord and Satisfaction

Conclusion

 

Chapter Sixteen —If all else fails, Sue…

          “Arm Yourself…and Prepare for War”

Intro

Diminishing Returns

Arbitration & Mediation

What’s involved in going to court?

          What types of Courts are there?

How much justice can you afford?

Who do I sue?

Where do I sue?

Pre-Trial Preparation

Your day in Court!

The Rule

Opening Statement

Rules of Evidence

Begin to Make Your Case

Direct Exam

Cross Exam

          Re-direct

Re-cross

Plaintiff Rests

Voluntary Non-suit

Defendants Case

Defense Rests

Closing Argument

Rule 11

The Right to Appeal

Collecting your Judgment

What to do if you are being sued?

What to do if you just can’t pay your bills?

Motions for Slow Payment

Conclusion

 

Chapter Seventeen—Organizations

Intro

·        American Federation of Musicians (AFM)

  • AFTRA/SAG
  • Academy of Country Music (ACM)
  • American Guild of Musical Artists
  • ASCAP
  • BMI
  • Country Music Association (CMA)
  • Dramatists Guild
  • Gospel Music Association (GMA)
  • Harry Fox Agency
  • International Association of Fairs & Expos
  • International Entertainment Buyers Association
  • International Fan Club Organization
  • Nashville Songwriters Association International (NSAI)
  • National Association of Broadcasters
  • National Association of Campus Activities
  • National Academy of Recording Arts and Sciences (NARAS)
  • National Association of Recording Merchandisers (NARM)
  • Recording Industry Association of America (RIAA)
  • Society of Composers and Lyricists
  • SESAC
  • Songwriters Guild of America (SGA)

Conclusion

 

Chapter Eighteen— Music Conferences or Festivals

Trade Shows & Seminars

Go to Where the Action Is…”

Intro

          Music Conferences

World Wide Markets

  • MIDEM

Regional Markets

  • SXSW (Others)

Fairs and Festivals

Trade Shows

          Seminars

          Conclusion

 

Chapter Nineteen—Insurance

“The Necessary Evil…”

Intro

Agents

Underwriters

Claims Adjusters

How to Shop for Insurance

Replacement vs. FMV

Changes in your Contract

  • Rate Hikes
  • Exclusions

Types of Insurance

  • Car/Auto
  • Homeowners
  • Renters
  • Licensed and Bonded Workers
  • Premises Liability
  • Inland Marine/Personal Property
  • Specialty
  • Errors and Omissions
  • Inventory
  • Health
  • Dental
  • Workman’s Compensation
  • Disability
  • Life
  • Burial

What to do if you have a Claim?

Statute of Limitations

Is there a standard procedure of denial?

Bad Faith

Hiring a Lawyer

Conclusion

 

Chapter Twenty—Wills, Estates, and Trusts

“Planning for the End…”

Intro

Who Can Write a Will?

Types of Wills & Trusts

  • Simple Wills

Specific Devises

Naming an Executor

  • Hand Written Will
  • Oral Will
  • Joint Will
  • Living Will

Power of Attorney

  • Durable Power of Attorney
  • Durable Health Care Power of Attorney
  • Attorney in Fact

Testamentary Trust Will

Living Trust

Tax Saving Will

Pour Over Will

Codicils

Probate

Life Insurance and Funeral Pre-payment Plans

          Conclusion

Conclusion\Epilogue

Putting It All Together

 

Index

 

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