The Future of the Music Business : How to Succeed with New Digital Technologies.

Intro -- Contents -- Foreword to the Fourth Edition -- Preface -- Online Files and Free CLE Credits for Attorneys -- Updates -- Disclaimer -- Introduction: The Current State of the Music Business -- I. Current State of the Recording Industry: Cataclysmic Decline from Approximately 14.5 Billion in 1999 to Less than 7 Billion Although Revenues Have Not Decreased as Much in the Last Several Years -- Cataclysmic Decline in Revenue -- Reasons for Decline -- The Majors: Further Consolidation but Continuing Relevance -- The Emergence of Streaming as the Revenue Model of the Future -- Paid Subscription vs. Ad-Supported, On-Demand Streaming -- Lack of Success in Converting Listeners to Customers -- Will Streaming Turn Around the Record Business's Cataclysmic Decline? -- Apple's Purchase of Beats Music -- Licensing Recordings for Movies, TV, Games and Ad Campaigns -- II. Music Publishing Business: Performance Income Up, Mechanical Income Down, Total Income Stagnant -- What Are Publishing Revenues? -- Global Publishing Revenues -- US Publishing Revenues -- III. Current State of the Touring and Live Performance Business: The Only Sector of the Music Business That Is Making More Money than Before 1999 -- Gross Income vs. Guarantees and Net Profits -- Anecdote from My Own Practice -- Top DJs Also Get PAID -- Stars vs. Indie Artists and Baby Bands: A True Case of "Income Inequality" -- IV. Branding -- V. Current Conditions for Most Full-Time Musicians: Overall the Same as In Prior Years -- Digital Has Not Lived Up to the Promise of Leveling the Playing Field -- Part I: Music Law and Business Practices -- Chapter 1. Music Law and Business Primer -- Copyright Law: The Foundation of the Music Publishing and Recording Businesses -- What Is Copyright? -- The "Works" that Copyright Protects, Including Musical Compositions and Sound Recordings.

The Exclusive Rights That Copyright Affords -- Copyright Registration: Why Do It, and How -- Why Register? -- How to Register -- Duration of Copyright -- Works Originally Created on or After January 1, 1978 -- Pre-'78 Works -- Special Rules for Sound Recordings -- Termination Rights (How to Get Your Copyrights Back) -- Sections 203 and 304(c) -- Special Issues Regarding Termination of Post-'78 Sound Recordings -- The Work-for-Hire Issue -- The Artist May Not Be the Only Author -- What Happens Now? -- The Steps Artists Need to Take to Terminate Grants -- Who Can Terminate? -- When Must Notice Be Served? -- Content of Notice -- To Whom Should Notice Be Sent? -- How the Fair-Use Doctrine Applies to the Music Business -- Performing a 30-Second Excerpt to Sell Ringtones Is Not Fair Use -- Using 15-Second Excerpts in a Documentary Is Fair Use Since the Use Was "Transformative" -- Minimum Use and Sampling -- Creative Commons: An Alternative to Copyright -- Attribution Noncommercial No Dirivitives (BY-NC-ND) -- Attribution Noncommercial Share Alike (BY-NC-SA) -- Attribution Noncommercial (BY-NC) -- Attribution No Dirivitives (BY-ND) -- Attribution Share Alike (BY-SA) -- Music Publishing Business -- Principal Sources of Income -- Public Performance Rights and Royalties -- The PROs: ASCAP, BMI, and SESAC -- Origins and the Direct-Payment-to-Writers Business Model -- Who They Represent and the Purpose They Serve -- How They Operate and the Direct-Licensing Controversy -- Important and Growing Source of Income -- How Much Various Users Pay the PROs -- How They Pay Their Members -- How You Can Get Paid -- Dramatic Works -- Mechanical Rights and Royalties -- Section 115 Compulsory License -- The Harry Fox Agency -- Sync Rights and Licenses -- Sheet Music and Other Sources of Income -- Sheet Music -- Other Income -- Role of the Music Publishers -- Who They Are.

What They Do -- Music Publishing Contracts: Single-Song, Traditional-Term, Co-Pub, and Admin Deals -- Other Players: Sync Reps and Music Libraries -- Interview with Jake Wisely, Cofounder of Bicycle Music -- Interview with Adam Taylor, President of Leading Music Library APM Music -- The Record Business -- Why Radio Does Not Pay for Broadcasting Sound Recording -- Record Companies vs. DIY -- The DIY Model -- Recording Agreements -- Exclusivity -- Transfers of Copyright -- Duration and Options -- Advances and Recording Royalties -- Standard Deductions to the Artist's Royalty -- Recoupment at Artist's Royalty Rate -- Controlled-Composition Clauses -- The 360 Deal and How to Avoid Getting Completely Screwed -- Master-Use Licenses -- Role of Major Labels: Interview with David Massey, President of Island Records -- Role of an Indie Music Label: Interview with Jay Frank, President of DigSin Music (How to Run a Successful Record Label by Giving Away the Music for Free) -- Managers and Artists -- The Manager's Role -- Management Contracts -- Definition of the Commission -- Duration of the Agreement (the Term) -- How Long the Manager Is Entitled to a Commission -- Who Collects the Money -- Other Important Terms and Issues -- Interview with Emily White, Cofounder of Whitesmith Entertainment -- Additional Resources -- Chapter 2. Practical Advice in Response to Clients' Most-Asked Questions -- Somebody Stole My Song! What Can I Do? How Much Can I Get? -- How Can I Protect My Name or My Band's Name? How Much Will It Cost? -- Protectable Forms of Marks -- Quasi-Protectable Marks -- The Benefits of a Federal Registration -- The Application Process -- Domain Names -- Band Names -- Special Update for 4th Edition -- How Can a Music Lawyer Help Me? Will My Lawyer Shop My Music, and How Much Will It Cost? -- Chapter 3. Overview of Digital Music Law -- Introduction.

Statutes Applicable to Distribution of Digital Music: AHRA, DPRA, and DMCA -- Audio Home Recording Act of 1992 -- Private Copying -- The Digital Performance Right in Sound Recordings Act of 1995 -- The Digital Millennium Copyright Act of 1998 -- Distributing Digital Music: Downloading, Interactive Streaming, and Noninteractive Streaming -- Downloading -- Interactive Streaming -- Noninteractive Streaming, Including Webcasting and Satellite Radio -- Application of the Copyright Law and the Statutes to Downloading, Interactive Streaming, and Noninteractive Streaming -- Musical Compositions -- Sound Recordings -- Chapter 4. Downloading -- Overview -- How Much the Services Pay for Copyrighted Music -- How the Money Flows from the Services to the Labels, Artists, Publishers, and Songwriters -- How Much the Labels Receive -- Major Record Companies and Their Wholly Owned Affiliates -- Indie Labels -- How Much the Artists Receive -- Artists Signed to Labels -- Eminem's Lawsuit against Universal -- Unsigned Artists -- How Much the Music Publishers Receive -- Mechanicals: "DPDs" Are Subject to the Statutory Rate -- Downloads Are Not Subject to Public-Performance Royalties -- Previews of Songs Are Subject to Public-Performance Royalties -- How Much the Songwriters Receive -- Chapter 5. Interactive Streaming -- Overview -- How Much the Services Pay for Copyrighted Music -- How the Money Flows from the Services to the Labels, Artists, Publishers, and Songwriters -- How Much the Labels Receive -- Major Labels and Their Wholly Owned Affiliates -- Indie Labels -- How Much the Artists Receive -- Artists Signed to Labels -- "Breakage"-Are the Majors Paying Artists Properly? -- Unsigned Artists -- Is Spotify Underpaying Indie Artists? -- Another Controversy: The Majors' Equity Interests in Interactive Digital Services -- How Much the Music Publishers Receive.

Statutory Rate Applicable to Audio Interactive and Limited Download Services -- How Much the Songwriters Receive -- Public Performance -- Mechanical -- Chapter 6. Noninteractive Digital Streaming, Including Webcasting and Satellite Radio -- Overview -- How Much the Services Pay for Copyrighted Music -- How the Money Flows from the Services to the Labels, Artists, Publishers, and Songwriters -- How Much the Labels and the Artists Receive -- The Services Pay SoundExchange and It Pays 50 Percent to Artists and 50 Percent to Sound Recording Copyright Owners -- How SoundExchange Calculates the Value of Each Performance -- The Rates Payable by Various Noninteractive Streaming Services -- Stand-Alone Digital Services, Including Pandora -- Sirius XM Rate -- Broadcast Radio Services That Simulcast Their Signal -- Other Rates -- How Much the Publishers and Songwriters Receive -- Performance Rights in Pre-'72 Recordings -- Lawsuits against Sirius XM and Pandora -- Chapter 7. The Direct-Licensing Controversy -- Collection Societies -- The PROs -- Consent Decrees and the "Rate Court" -- Major Publishers Make a Move but the Rate Court Rebuffs Them -- The ASCAP-Pandora Rate Proceeding and Judge Cote's Summary Judgment Decision (September 2013) -- The BMI-Pandora Rate Proceedings and Judge Stanton's Summary Judgment Decision (December 2013) -- The Publishers' New Strategy: Amend the Consent Decrees -- Why Direct Deals May Be Horrible for Songwriters -- Many Writers Are "Unrecouped" -- Publishers Generally Do Not Have to Share Advance Monies with Their Songwriters -- Direct Deals Could Hurt Independent Publishers and Songwriters -- A Proper Solution to Avoid Screwing the Writers -- Final Note: Even if the Consent Decrees Are Amended and Major Publishers Withdraw Digital Rights from ASCAP and BMI, Certain Songs in Their Catalogues, Including Huge Hits, May Be Excluded.

Chapter 8. International Digital Music Licensing.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.