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Music Publishing

Book Description

Music Publishing covers the basics of how a composition is copyrighted, published, and promoted. Publishing in the music business goes far beyond the physical sheet--it includes live performance and mechanical (recording) rights, and income streams from licensing deals of various kinds. A single song can generate over thirty different royalty streams, and a writer must know how these royalties are calculated and who controls the flow of the money.

Taking a practical approach, the authors -- one a successful music publisher and attorney, the other a songwriter and music business professor -- explain in simple terms the basic concept of copyright law as it pertains to compositions. Throughout, they give practical examples from "real world" situations that illuminate both potential pitfalls and possible upsides for the working composers.

Table of Contents

  1. Contents
  2. Figures
  3. Foreword
  4. Introduction
    1. REALWORLD, MYTH-BUSTER, and !
  5. 1 A brief history of music publishing and copyright law
    1. A brief history of copyright
    2. The Berne Convention
    3. Music publishers and sheet music
    4. The nature of copyright
    5. Copyright law
    6. Writer share and publisher share
    7. Inherent rights of “copyright”
    8. Obtaining and enforcing copyright
    9. Copyright registration
    10. Copyright notice
    11. Duration of copyright
  6. 2 Sources of income, royalties, and licenses
    1. Sources of income
    2. Performing rights: music played on radio, television, and in public establishments
    3. Synchronization rights: music embedded in film or television productions
    4. Mechanical rights: royalties generated from record sales and downloads
    5. Licenses, assignments, and transfers of rights
    6. Mechanical license fees and the Harry Fox Agency
    7. Controlled-composition clause
  7. 3 Performing rights
    1. The performing right
    2. Performing Rights Organizations
    3. Title Registrations: the roadmap to performance royalties
    4. Song performances, identification, and music surveys
      1. U.S. movie theater exemption
    5. Cue sheets
    6. Income from radio play
    7. Income from television
    8. Performing rights and live performances
    9. Songwriters and the Performing Rights Organizations
    10. Choosing a Performing Rights Organization
    11. Accessing Performing Rights Organizations
      1. Songwriter’s view
      2. Former ASCAP exec’s view
  8. 4 Publishing companies
    1. Functions of music publishing companies
    2. Getting songs recorded
    3. Other publisher functions and interactions
    4. Holds
    5. Collaborations
      1. Collaborations with producers and artists
      2. Song critiques and dealing with rejection
    6. Who do publishers sign?
    7. The nature and role of demos
    8. Cross-collateralization of income
    9. Publishing administration
    10. Songsharks: caveat emptor
  9. 5 Publishing deals
    1. Publishing contracts
    2. Publishing contract deal points
    3. Evaluating a publisher
  10. 6 Independent songwriters
    1. Demo strategies for the singer-songwriter
    2. Home studios vs. commercial studios
    3. Keeping track of your business
    4. Getting songs recorded: pitching and shopping
      1. Leveraging your own contacts
      2. Placing collaborative songs
    5. Building a singer-songwriter-performer career
    6. Live performance, promotion, and exposure
      1. Open mics
      2. House concerts
      3. Playing at clubs or coffeehouses
      4. Industry showcases
      5. Publicity and advertising
    7. Where you live
  11. 7 Music in film and television
    1. Film and television music
    2. “Front-end” fees / “back-end” fees
      1. Synchronization licenses
      2. Valuing music: how uses of music affect the license fee
    3. Music supervisors
    4. Music casting
    5. Instrumental music
    6. Soundtrack albums
    7. Trailers
    8. Work-for-hire agreements
  12. 8 Music in advertising and Production Music Libraries
    1. Advertising music
    2. Licensing songs for commercials
    3. Production Music Libraries
      1. “Royalty-free” libraries
      2. Needle-drop music
  13. 9 Classical music, Broadway, print music, and educational music
    1. Classical music
    2. Commissions for composers
    3. Broadway and Grand Rights
    4. The nature of print music
    5. The market for educational music
      1. Instructional materials: method books and solos
      2. Fake Books
    6. School band and choral music
  14. 10 Foreign publishing revenue, rights, and deals
    1. Foreign Sub-Publishing Deals
    2. Functions of sub-publishers
    3. Exploitation
    4. Administration
    5. Foreign collections
    6. Foreign mechanical royalties
  15. 11 New media, technology, and copyright
    1. Technology overview
    2. Recording technology
    3. New media and the Internet
      1. Copyright on the Internet
      2. Technology and copyright
    4. File sharing
    5. Evolving entertainment industry models
      1. The ironic prosperity of the music publishing business
      2. Digital music uses and the singer-songwriter
      3. Challenges to Copyright Law
    6. Copyright in the twenty-first century
  16. 12 Legal issues and artist representation
    1. Limits and exceptions to copyright
    2. Public Domain
      1. Derivative works
      2. Arrangements of Public Domain works
    3. Fair Use
    4. Fairness in Music Licensing Act
    5. The First-Sale Doctrine
    6. Copyright infringement
    7. Representatives: managers, lawyers
      1. Personal managers
      2. Finding a manager or attorney
      3. Managers as publishers
      4. Business managers
      5. Entertainment attorneys
      6. Attorney and manager red flags
    8. Contract clauses
      1. “Power of Attorney” clause
      2. Key Man clause
      3. Right of Publicity
      4. Most Favored Nations clause
      5. Sunset clause
  17. 13 Music organizations and resources
    1. Making use of songwriter organizations
      1. Organizations that cover specific genres of music
      2. National Association of Music Merchandisers (NAMM)
      3. National Academy of Recording Arts and Sciences (NARAS)
      4. Nashville Songwriters Association International (NSAI)
      5. Country Music Association (CMA)
      6. Academy of Country Music (ACM)
      7. International Bluegrass Music Association (IBMA)
      8. North American Folk Music and Dance Alliance
      9. Gospel Music Association (GMA)
      10. California Copyright Conference (CCC)
      11. Association of Independent Music Publishers (AIMP)
      12. South by Southwest Music Conference (SXSW)
      13. Music and Entertainment Industry Educators Association (MEIEA)
      14. American Music Center (AMC)
      15. Taxi
    2. Songwriting contests
    3. Songpluggers
    4. Unions
      1. American Federation Of Musicians (AFM)
      2. American Federation of Television and Radio Artists (AFTRA)
    5. Arts organizations
      1. Grants, Arts Councils and teaching opportunities
    6. Special material
    7. Books
    8. Periodicals and reference materials
    9. The last word
  18. Bibliography
    1. Books
    2. Magazines
    3. Websites
  19. Index