TY  - BOOK
AU  - Gordon,Steve
TI  - The Future of the Music Business: How to Succeed with New Digital Technologies
T2  - Music Pro Guides
SN  - 9781495035296
AV  - ML3790 .G673 2015 
U1  - 338.4778 
PY  - 2015///
CY  - Blue Ridge Summit
PB  - Hal Leonard Corporation
KW  - Music trade-Vocational guidance
KW  - Electronic books
N1  - 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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