Table of 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
Ii. Music Publishing Business: Performance Income Up, Mechanical Income Down, Total Income Stagnant
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
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
Music Law and Business Primer
Copyright Law: The Foundation Of The Music Publishing And Recording Businesses
Creative Commons: An Alternative To Copyright
Music Publishing Business
Interview With Jake Wisely, Cofounder Of Bicycle Music
Interview With Adam Taylor, President Of Leading Music Library Apm Music
The Record Business
The 360 Deal And How To Avoid Getting Completely Screwed
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
Interview With Emily White, Cofounder Of Whitesmith Entertainment
Additional Resources
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?
How Can A Music Lawyer Help Me? Will My Lawyer Shop My Music, And How Much Will It Cost?
Overview of Digital Music Law
Introduction
Statutes Applicable To Distribution Of Digital Music: Ahra, Dpra, And Dmca
Distributing Digital Music: Downloading, Interactive Streaming, And Noninteractive Streaming
Application Of The Copyright Law And The Statutes To Downloading, Interactive Streaming, And Noninteractive Streaming
Downloading
Overview
How Much The Services Pay For Copyrighted Music
How The Money Flows From The Services To The Labels, Artists, Publishers, And Songwriters
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
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
How Much The Publishers And Songwriters Receive
Performance Rights In Pre-'72 Recordings; Lawsuits Against Sirius Xm And Pandora
The Direct-Licensing Controversy
Collection Societies
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
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
International Digital Music Licensing
Overview Of The Global Digital Music Business
Introduction To Global Digital Music Licensing
Interview With International Copyright And Music Attorney Amanda Harcourt
Introduction to Music Clearances
Songs Vs. Masters
Copyright Owners: Music Publishers And Record Labels
Sync License Vs. Master-Use License
When You Don't Need To Clear The Master
Footage Licenses
Labels' "blocking Rights"
Lip Syncs
Public Domain
Special Rules For Public Broadcast Stations Are Favorable To Producers
Charitable Projects
Most-Favored-Nation Clause
Approvals
Credits
Public-Performance Licenses And Cue Sheets
Research Techniques
What If You Can't Find The Copyright Owner?
Audiovisual Projects
Movies
Television
Documentaries
Concert Programs
Advertising
Instructional Videos
Special Event Videos
Exhibits And Installations
Audio-Only Clearances, Parody, and Fair Use
Audio Compilations
Covers And Parodies
Sample Clearances
Special Cases
Musical Theater
Licensing Music For Fashion Shows
How to Clear Music for Various Stand-Alone Digital Projects
Artist Websites
Music Websites And Blogs
Simulcasting
Webisodes And Web Series
Crowdfunding Video Promos
Internet Psas
Music-Based Mobile Apps
Online Lyrics Sites
Digital Sheet Music
Ringtones And Ringbacks (Ain't What They Used To Be)
Video Games
Tips and Commentary
Practical Tips For Clearing Music For Any Project
Billboard Commentary: Music Documentary Filmmakers Deserve A Break On Licensing Fees
A Brief History of the Recording Industry's Struggle With Digital Music
Introduction: A Business Affairs Conference At Sony Music In 1999
Labels Vs. P2p File Trading: Why The Record Industry Supreme Court Victory Against Grokster Actually Hurt Its War On Piracy
Labels Vs. The Consumer Electronics Industry And The Failure Of The Secure Digital Music Initiative (Sdmi)
Labels Vs. Technology: The Rootkit Disaster
Labels Vs. Fans: Riaa's Lawsuits
Labels Enter The Digital Music Business: Musicnet And Pressplay
Labels Give Away The Store: The Birth Of Itunes
Recording Industry Pushes Antipiracy Legislation But Tech Industry Pushes Back: The Failure Of Sopa
Update on Piracy
Introduction
Pirate Sites; P2p And Bittorrent; And Cyberlockers
Private Sharing: Ripping, Burning, Instant Messaging, E-Mailing Music Files, Usb, And Hard Drive Sharing: A Bigger Source Of Unauthorized Free Music Than P2p And Cyberlockers Put Together, But One Which The Industry Can Hardly Do Anything To Stop
Stream-Ripping Programs
Piracy Goes Mobile
The Forces Amassed Against The Recording Industry: Google, Apple, And Other "partners"
Network Neutrality
A Brief Overview
Dangers Of Eliminating Network Neutrality
The Fcc's Classification Of Isps
The Right But Not The Will To Reclassify
Current Controversy: The New Proposed Rules And President Obama's Call For The Fcc To Reclassify Internet Service Under Title Ii
Impact On The Music Business
Net Neutrality And Mobile Broadband Services
Current Controversies, Trends, and Developments
Vinyl Makes A Comeback
Will Streaming Kill Downloading?
Will Streaming Save The Record Business?
The Significance Of Beats Music's Partnership With At&T
Who Does Bittorrent Piracy Hurt Most: Music, Movies, Tv, Games, Or Porn?
Current State of the Music Business in the Largest Potential Market on Earth—the People's Republic of China
Q&a With Eric De Fontenay, FounDer And PresiDent Of China.musicdish.com
State Of Live Music In China And The Us
How to Write Hit Songs in the Digital Age
An Interview With Jay Frank, Author Of Futurehit.dna
How to Market a Record in the Digital Age
Twenty By Boyz Ii Men
How to Use Spotify to Expand Your Fan Base and Make Money
"no One Wants To Talk Numbers When It Comes To Streaming Revenue. Well, Here Are Mine"
How to Use Youtube to Get Discovered
Using Youtube To Get Discovered
How to Use Other Digital Tools to Succeed
Music Blogs: How To Use Them To Get A Deal
Your Website: How To Make It Great And Why It Is Still Important
Twitter Vs. Facebook: How They Compare In Popularity
Why Musicians Don't "like" Facebook Changes
How to Use Crowdfunding
Create A Successful Crowdfunding Campaign: Interview With Brian Meece, Cofounder Of Rockethub
How To Maximize Your Crowdfunding Campaign And How One Indie Rock Club Used Crowdfunding To Survive: Interview With Nick Bodor, Cofounder Of Cake Shop
How to Develop a Successful Internet Radio Station
Interview With Elias Roman, Ceo Of Songza
How a Jazz Club Is Using the Internet to Reach a Worldwide Audience and Create New Revenue Streams for the Artists Who Play There
Interview With Spike Wilner, Jazz Pianist And Co-Owner Of Smalls Jazz Club In Nyc
How to Use a Music College Education
Is It Worth The Time And Money?
Interview With Jonathon Batiste
Interview With Linda Lorence Critelli
Acknowledgments
About the Author
New technologies have revolutionized the music business. While these technologies have wreaked havoc on traditional business models, they've also provided new opportunities for music business entrepreneurs, as well as new challenges for musicians, recording artists, songwriters, record labels and music publishers.
The Future of the Music Business provides a road map for success by explaining legal fundamentals including copyright law's application to the music business, basic forms of agreement such as recording, songwriting and management contracts, PLUS the rules pertaining to digital streaming, downloading and Internet radio.
This book also shows exactly how much money is generated by each of these models, and details how the money flows to the principal stakeholders: artists, record labels, songwriters and music publishers.
Part I is a comprehensive analysis of the laws and business practices applying to today's music business.
Part II is a guide for producers on how to clear music for almost any kind of project including movies, TV, ad campaigns, stand-alone digital projects AND how much it will cost.
Part III presents new discussions on the hottest industry controversies including net neutrality; and the financial battles between the new digital music services & copyright owners and artists.
Part IV discusses how to best use the new technologies to succeed!
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