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press CDs, mainly kept for control over what's manufactured
- handles contracts (requires a bachelor degree at law school to do this)
- -licensing: allow people to use music
- -legal: contracts and law suits
pay royalties (or collect them), payroll
Why do major labels keep smaller associated labels?
The main label is for headlining artists, the smaller one is for up-and-coming artitsts
Sales and Distribution:
sells all records, inefficient to have these as two separate things
What are "special markets"?
not typical places music is sold like Starbucks, military, etc.
Recording (department of a record label):
recording studios that are owned for control over what's recorded, R&D, in-house mastering, and and incentive for artists
branches all over the world, placed for geographical reasons
"Artists and Repertoire", picks artists, assigns producer to artist, and gets the record done.
- Publicity: gets name out there
- Artists development: (almost gone now)
- Product Management: coordinates everyone to get record done, draws up marketing plan
- Creative Services: merch., make videos, album art
Archive and Catalog specialist:
puts together re-issues
Main people in the A&R department:
- Record Producer
- VP Rock/Alt.
- VP Urban
- VP Soundtracks
- VP Pop
- (all funnel to a director)
- Nat'l Top 40 & Album radio: Promo managers that work to get your music on radio (separate regional and local promo managers)
- Video dept.: internet, TV, DVD
- TV and Film: placement in these mediums
- Indie Promo Specialist: a lot of illegal money laundering
Publishing department duties:
- A&R has a hand in this
- Royalties, licensing, collection
- Product Management: get songs, sign writers, keep track of music and lyrics, creative services for album art/song books
What is the compulsory royalty rate?
9.1¢ per song per album
Where do you submit a budget and get the bills paid?
If a record label wants a video made, who pays for it?
the record label! and they can recoup 1/2 of the cost of the video from your royalties (on your album)
- always will be there, need essential skills (requires a bachelor degree except for manager who just needs leadership skills)
- maketing, manager, record producer, agent, attorney
- becoming more in demand
- publishing, tour jobs (roadie, tour mgmt., FOH/Monitor mix), web design, social media, intern, musician, songwriters, radio/TV
- becoming less relevant in the industry
- A&R, secretary, minor jobs @ labels, studio jobs
- books dates for artist (concerts and such), REGULATED BY LAW (must be licensed by union)
- in CA, ONLY agents can book dates
- Paid 10% of gross from the date they booked
- ESCROW account is a good faith account, money stays here until both parties are satisfied
Union scale for agent:
union sets a price for booking people
- advisor, coordinator, and leader of artist's career
- gets agent, gets record deal, handles travel, network with other people, spearhead social media, can administrate pubs rights
- paid 10%-20% of gross (20% is if they do biz mgmt. too)
- handles legal things for the artist
- paid 5% of gross (NEEDS A CPA TO DO THIS)
What is a "fiduciary duty"?
experts have a duty to look out for the best interest of the client, even if it won't benefit them (managers and agents)
manager and artist start a little corporation and you split 50/50 net (more equitable)
(no fiduciary duty because he's on salary), acts as manager on road if usual manager can't be there
If multiple people write a song together, what MUST you do before leaving the room?
define how the royalty split is going to be
What did publishers do in Tin Pan Ally?
publishers published sheet music
How is sales split between publisher and songwriter?
license to use a song lawfully and it costs 9.1¢ per song per CD (split evenly between publisher and artist)
the work itself and all the rights that go along with it
1st use copyright
publisher controls who can use it first; after that, anyone can use it (if they pay the royalty 9.1¢)
after the 1st use of the song (after it is first release and published), ANYONE can record the song as long as they pay the royalty rate whether you like it or not
if the publisher is okay with it, you can use the song as long as you change the lyrics or melody (if publisher holds copyright)
Deriving a new song from another song (like how part of Imogen Heap's song was used for Jason Derrulo)
using a sample from a song (the actual recording), owned by record label
using a song in a medley, pay 9.1¢ royalty for 2 songs in 1, both parties must agree
radio play (artist not paid, publisher is paid), cover songs, performing on TV show
Performance Royalty Society
What are the 3 PRS'?
- ASCAP: American Society of Composers, Authors, and Publishers
- BMI: Broadcast Music Incorporated
- SESAC: Society of European State Authors and Composers
Publisher (Sync) license:
- if you want to use a song in a TV show, movie, TV ad, greeting card, etc. YOU NEED this license and a Master license.
- (If you only have the master license, at least you can get a cover band to do the song)
What's the best way to protect copyrights?
Library of Congress (register the copyright)
How to copyright something:
© <- write that next to it after you write it down!!!
license for sheet music
What are the 3 biggest music cities?
- Memphis (Tennessee)
- Los Angeles (California)
- New York City (New York)
Royalty Artist Buyout:
- person pays money upfront for music; prevents artist from paying themselves every 3 hours and running up the budget
- also good if you want out of a deal
How much are musicians paid for recording?
- 1 session per song per member only if artists is a musician on that recording
- guest musicians are still paid $397.36 every 3 hours
- AFTRA: American Federation of Television and Radio Artists (backup singers here)
- SAG: Screen Actors Guild
- AFM: American Federation of Musicians
- AGVA: American Guild of Variety Artists
- NARAS: National Academy of Recording Artists and Sciences
- AES: Audio Engineers Society
Tour Manager's Job:
works with venue promoter a couple months in advance to make sure al riders can be met (advancing the day), answers to artist manager, has to do settlement (gets other half of payment check when agreement is fulfilled)
How to get settlement:
- Get paid half of payment, other half in ESCROW account
- when agreement fulfilled, take payment in cashiers check of certified check
- get merch report and money after show
- get ticket sales report after show
- get copy of advertisement budget
21st century paradigm:
- start company and you are stockholder
- each member of band gets equal shares of net
- max contract of personal service is 7 years
- if you want out, get a royalty artist buyout
- producing and managing are 2 different deals
21st century paradigm steps:
- get paperwork (outline what everyone is doing)
- make album to sell
- get an agent
- social media
- e-mail lists for newsletters (permission marketing)
What do do when A&R calls:
- GET AN ATTORNEY (they'll want to buy your album)
- ask for guaranteed 2 album deal (your current album and another one after it)
- offer them a lease if you don't want to quite let go of it
- set price for album they want to buy, get funds for next album
Royalties wholesale price is ______ of retail price.
Cross Collateralization: (gotcha)
they'll try to take recoupment from first album
control composition clause: (gotcha)
if you wrote all the songs and control the compositions, the record company will try to ask for a reduced royalty rate
Free Goods: (gotcha)
a few extra free goods are okay to help exposure and sales ( no royalties)
a copy is marked for promo use and not for sale (no royalty, good for exposure)
(no royalties) stores have extra copies in case a record takes off; if not sold, it can be returned and the store is credited, the record company only pays you a certain amount of sales (not full amount)
Bullshit thing; record company pays you 90% of royalties and keeps 10% in case some are broken
Package Deduction: (gotcha)
deduction for packaging
at some point, a thing will end in your contract
supervise making of the song
Archive style producer:
records for sound and music, archive it for history records (like Alan Lomax)
Obstetric style producer:
try to make the artist as good as they can be, make sure their music is made as the artist wants, do quality control on the record
Author style producer:
has the artistic vision, and the band is the musical collaborator, artist is just the voice for the vision, producer is the driving force.
If you're the obstetric producer:
- Research artist
- listen to their needs, tell hem how you can help
- lawyer makes deal (NEVER TALK MONEY)
- make a budget and send to A&R admin
- select songs
- rehearse songs