How to make a living from music 3199-Book-Publishing-1

How to Make a Living from Music

Second Edition

By David Stopps

Creative industries ? No. 4

How to Make a Living from Music

How to Make a Living from Music 3

TABLE OF CONTENTS

PREFACE

7

INTRODUCTION

9

DEFINITIONS

16

CHAPTER 1

19

WHERE THE MONEY COMES FROM

19

1.i Authors

19

1.ii Performers

19

CHAPTER 2

22

BUILDING A TEAM

22

2.i Authors

22

2.ii Performers

24

CHAPTER 3

26

COPYRIGHT AND RELATED RIGHTS

26

3.i Rights for Authors

30

3.ii Rights for Performers

31

3.iii Rights for Phonogram Producers

32

3.iv Licensing and Assignment

32

3.v Exclusive Rights and Rights of Remuneration

33

3.vi Making Available

34

3.vii Limitations and Exceptions and the Three-step Test

35

3.viii Fair Use and Fair Dealing

36

3.ix Moral Rights

37

3.x National Treatment, Term of Protection and the Public Domain

38

3.xi Copyright Registration

40

3.xii Trademarks

40

3.xiii Two Copyright Laws that support Authors and Performers

41

3.xiv Creative Commons

42

3.xv Copyright Infringement and How to Stop It

43

3.xvi Carrot, Stick and Education

44

3.xvii Creative Heritage Project

48

How to Make a Living from Music 4

CHAPTER 4

49

COLLECTIVE MANAGEMENT AND COLLECTION MANAGEMENT

ORGANIZATIONS (CMOs)

49

4.i Why is Collective Management Necessary and what is its History?

49

4.ii The Importance of Correct Registration of Works, Performances and

Recordings

51

4.iii Functions and Governance of Collective Management Organizations

52

4.iv Collective Management Organizations Databases and the Concept

of a Global Repertoire Database (GRD)

53

4.v Collective Management Organizations for Authors

55

4.vi Authors' Public Performance Collective Management Organizations

55

4.vii Authors' Mechanical Income and Mechanical Copyright Collective

Management Organizations

58

4.viii Related Rights Public Performance in Sound Recordings Collective

Management Organizations

60

4.ix Featured and Non-Featured Performers

65

4.x Home Copying Levies

66

CHAPTER 5

68

A SHORT HISTORY OF THE MUSIC INDUSTRY

68

CHAPTER 6

72

ARTIST DEVELOPMENT AND ARTIST MANAGEMENT

72

Choosing a Name

72

Artist Management

73

Artists seeking Management

73

A good manager should:

74

Managers Seeking Artists

75

Short-Term Letter of Agreement

76

Long-Form Artist Management Agreements

76

The Importance of Independent Legal Advice

79

Verbal Agreements

80

Legal Limitations and Implied Terms for Verbal Contracts

81

Alternative Agreements

81

Production and Publishing Agreements as Alternatives to Management

Agreements

81

CHAPTER 7

85

BAND AGREEMENTS

85

Legal Status

85

Issues covered by Band Agreements

86

Dispute Resolution

88

How to Make a Living from Music 5

CHAPTER 8

89

STARTING A RECORD LABEL ? BECOMING AN INDEPENDENT

PHONOGRAM PRODUCER

89

CHAPTER 9

93

ARTIST & LABEL FINANCING ? CROWD SOURCING

93

CHAPTER 10

97

SIGNING TO A PHONOGRAM PRODUCER

97

Advances and Recoupment

102

360 Degree Agreements

103

Website and Fan Database Ownership

103

CHAPTER 11

104

STUDIO PRODUCER AGREEMENTS, RECORDING, SAMPLING &

MASTERING

104

CHAPTER 12

107

MUSIC PUBLISHING

107

CHAPTER 13

112

MUSIC IN FILM, TV, ADVERTISING AND VIDEO GAMES

112

Music in Films

113

Music in Television

116

Music in Advertising

117

Music In Video Computer Games

117

Library or Production Music

118

Commissioned Music

119

Tips for placing music in Film, TV, Advertising and Video Games

119

CHAPTER 14

122

LIVE WORK, TOURING AND MERCHANDISING

122

Getting Started as a Live Artist

123

Sound and Lighting

123

How to Get Live Work

124

Street Performances and Busking

126

The Next Stage

128

Booking Agents

128

Tour Managers

130

Building a Touring Team

130

Visas and Work Permits

131

Freight Agents, Shipping and Carnets

131

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