Business Basics for Musicians

Bobby Borg

doi:10.5771/9781538134641

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Copyright year: 2020
ISBN-Print: 978-1-5381-3319-4
ISBN-Online: 978-1-5381-3464-1
Publisher: Rowman & Littlefield, Lanham
Language: English
Pages: 303
Product type: Book Titles

1. Contents No access
2. Foreword by Don Gorder No access
3. Welcome and Welcome Back! Here's What's New! No access
4. Preface No access
5. Acknowledgments No access
1. 1. Tip #1: Realize Your Dreams by Visualizing Them First No access
  2. Tip #2: Analyze Your Career Motivations No access
  3. Tip #3: Develop a Realistic Outlook by Ignoring the Media Hype No access
  4. Tip #4: Be Ready to Pay Your Dues, but Use Your Head No access
  5. Tip #5: Expect the Worst to Happen So That the Worst Won’t Seem So Bad No access
  6. Tip #6: Let Go of Your Fears and Learn How to Go for It No access
  7. Tip #7: Form Solid Connections in the “Clique of the Future” No access
  8. Tip #8: Nurture New Opportunities While You’re Already On the Job No access
  9. Tip #9: Climb Through Back Windows When Front Doors Aren’t Opening No access
  10. Tip #10: Create Your Own Destiny by Being Proactive No access
  11. Tip #11: Adapt to Change by Diversifying Yourself Now No access
  12. Tip #12: Be Practical About Money by Keeping It and Making It Grow No access
  13. Tip #13: Maintain Control in the Face of Drugs and Alcohol No access
  14. Tip #14: Remember That Finding Your Passion Is a Blessing Within Itself No access
  15. Tip #15: Hang On to the Basics No access
  16. Q&A with Success Coach and PR Expert Michael Levine No access
1. 1. How and Where to Look for Musicians No access
  2. 1. Discuss the Band’s Vision No access
    2. Use the Personality Questionnaire No access
    3. Set Goals, Break Down the Work, and Estimate the Schedule/Costs No access
  3. 1. Talk About Teamsmanship No access
    2. Hold Band Meetings That Don’t Suck No access
    3. Run Your Rehearsals Effectively No access
2. 1. 1. Your Band Is a Legal Partnership No access
    2. Elements of Band Agreements: What to Include No access
  2. Q&A with Attorney Jeff Cohen No access
3. 1. 1. The Preliminary Necessities No access
    2. Breaking into the Scene No access
    3. Lasting for the Long Haul No access
  2. 1. AFM Major Benefits: Payment Regulation and Enforcement No access
    2. Special AFM Benefits: Funds, New Use Fees, and More No access
    3. AFM Health and Retirement Benefits No access
    4. Other AFM Benefits No access
    5. AFM Membership and Benefit Requirements No access
    6. Is Joining the AFM Right for You? No access
  3. 1. General Differences: SAG-AFTRA Versus the AFM No access
4. 1. Working for Employers with Limited Budgets No access
  2. 1. Wages No access
    2. Retainers No access
    3. Rehearsals No access
    4. Per Diems No access
    5. Buyouts No access
    6. Special Travel and Lodging Accommodations No access
    7. Special Clothing No access
    8. Instruments and Travel Cases No access
    9. Equipment Parts and Repairs No access
    10. Equipment Endorsements No access
    11. Equipment Techs No access
    12. Equipment Insurance No access
  3. Working for Employers Who Offer a Salary and Percentages No access
5. 1. 1. Contract Employment (Why Is My Check So Small?) No access
    2. Self-Employment / Independent Contractor Status No access
  2. 1. Contract Employees: Covered No access
    2. Self-Employment / Independent Contractor Status: Not Covered No access
    3. If Not Covered, Where Can I Find Insurance? No access
  3. The IRS: Qualifications for Employment No access
6. 1. 1. Fewer Hassles over Making Decisions No access
    2. Increased Earning Potential No access
    3. Greater Job Security No access
    4. More Freedom to “Sail” Alone No access
  2. 1. Greater Financial Burdens No access
    2. Increased Workload No access
    3. Greater Leadership and Business Demands No access
    4. Fewer Members to Blame or Hide Behind No access
    5. More Pressure to Succeed No access
  3. 1. What Is a Leaving Member Clause? No access
    2. How Does a Leaving Member Clause Work? No access
    3. Leaving Member Clauses and Prorating Expenses No access
  4. 1. Treat It Like a True “Work Made for Hire” No access
    2. Pay Wages and Commissions No access
    3. Handle Income, Social Security, and Payroll Taxes No access
    4. Provide Workers’ Compensation Insurance No access
    5. Know the Difference: Contract Employee or Independent Contractor Status No access
  5. Q&A with DJ Entrepreneur Justin Paul No access
1. 1. The Role of an Attorney in Your Career No access
  2. 1. Finding an Attorney No access
    2. Qualities to Look For in an Attorney No access
  3. 1. Hourly Rate No access
    2. Flat Fees No access
    3. Percentage of the Deals (5 Percent) No access
    4. Label Shopping Percentage Deals (10 to 20 Percent) No access
    5. A Flat Retainer No access
  4. 1. Conflicts with Record Companies No access
    2. Conflicts with Band Members No access
    3. Conflicts with Personal Managers No access
    4. Conflicts with Your Own Attorney No access
  5. 1. Talk About It First No access
    2. Sever the Relationship No access
2. 1. 1. Artist Development No access
    2. Contracts and Income Streams No access
    3. Project Management No access
    4. Hybrid Services: Merch, Publishing, and More No access
    5. Live Engagements and Touring No access
    6. Physical and Mental Health Issues No access
  2. 1. Self-Management No access
    2. Start-Up Management No access
    3. Established Professional Management No access
  3. 1. Exclusivity No access
    2. Key Person Clause No access
    3. The Agreement Term No access
    4. The Manager’s Commission (15 to 30 Percent) No access
    5. Business Expenses No access
    6. Limited Power of Attorney No access
    7. Talent Agency Disclaimer No access
    8. Dispute Resolution: Arbitration and Mediation No access
    9. Post-Term Provisions (Sunset Clauses) No access
    10. Q&A With Blasko, Mercenary Management No access
3. 1. 1. Investment Strategies and Financial Planning No access
    2. Bookkeeping and Accounting No access
    3. Tour Services No access
    4. Asset Administration No access
    5. Financial Reporting No access
    6. Tax Planning No access
    7. Insurance: Liability, Auto, Home, and More No access
    8. Royalty Examination No access
  2. 1. When to Hire a Business Manager No access
    2. Finding a Reputable Business Manager No access
    3. Qualities to Look For in a Business Manager No access
  3. 1. Payment Structure No access
    2. Audit Rights No access
    3. Power of Attorney (or “Limited” Power of Attorney) No access
    4. The Right to Terminate No access
4. 1. 1. Formulating Your Tour Strategy No access
    2. Packaging the Artist No access
    3. Determining Whether to Open or Headline No access
    4. Routing the Tour No access
    5. Pricing the Artist No access
    6. Determining When to Put Tickets on Sale No access
    7. Negotiating Fees for Live Performance Deals No access
    8. Collecting Deposits No access
    9. Handling Hall Fees No access
  2. 1. When to Hire an Agent No access
    2. Hooking Up with a Talent Agency No access
    3. Qualities to Look For in an Agent and Agency No access
  3. 1. The Agent’s Fee (10 Percent) No access
    2. The Scope of the Agreement No access
    3. Exclusivity No access
    4. The Territory No access
    5. Duration of the Contract No access
    6. Rights to Terminate No access
    7. Are Contracts Even Needed? No access
5. 1. The Role of a Record Producer in Your Career No access
  2. 1. A Barter System Arrangement No access
    2. The On-Spec Agreement No access
    3. The Do-It-Yourself / Work Made for Hire Approach No access
    4. The Production Company Deal No access
    5. The Record Label Deal No access
  3. 1. Creating a Recording Budget No access
    2. Maintaining a Recording Budget No access
    3. Handling Other Administrative Responsibilities No access
  4. 1. Selecting a Record Producer No access
    2. Negotiating the Producer’s Deal No access
  5. 1. Producer Advances No access
    2. Producer Royalties No access
    3. Master Monies No access
    4. Music Publishing: When Should the Producer Get a Share? No access
1. 1. 1. General Philosophy No access
    2. What Makes the DIY Label Possible? No access
    3. Funding No access
    4. Budgets No access
    5. Profits No access
    6. Distribution No access
    7. DIY Ain’t Easy, But . . . No access
  2. 1. Ownership No access
    2. Philosophy No access
    3. Advantages No access
    4. Disadvantages No access
    5. Advances/Royalties/Splits No access
    6. Distribution No access
  3. 1. Types of Production Companies (From Start-up to Pro) No access
    2. How They Operate No access
    3. General Deal Structure No access
    4. They Are a Godsend No access
    5. They Are a Pact with the Devil No access
    6. Advances/Royalties/Splits No access
    7. Distribution No access
  4. 1. Ownership/Structure No access
    2. Departments/Staff No access
    3. General Philosophy No access
    4. Advantages No access
    5. Disadvantages No access
    6. Royalty Rates/Advances/Splits/Deal Points No access
    7. Distribution No access
    8. Q&A With Tim Yasui, VP/GM, Cleopatra Records No access
2. 1. Issue #1: Who Is the Label? No access
  2. 1. Recording Funds No access
    2. Advance Plus Expenses No access
  3. 1. Mutual Consent of the Record Producer No access
    2. Approval of Artwork and Other Materials No access
  4. 1. Guaranteed Release Clause No access
    2. Free to Leave or Buy Back Your Masters No access
  5. 1. Deficit Tour Support? No access
    2. Guaranteed Promotional Videos (YouTube, Vimeo)? No access
    3. Independent Radio Promotion? No access
    4. Websites? No access
    5. Independent Publicity No access
  6. Issue #6: Do I Have a Say in How the Masters Will Be Exploited? No access
  7. 1. Artist Royalties and CDs, Vinyl, and More No access
    2. Electronic Transmissions (Downloads, Ringtones, Audio and Video Streaming) No access
  8. Issue #8: Controlled Composition Clauses No access
  9. 1. Active Versus Passive Income No access
    2. The Label’s Cut (What They Take for Merch, Publishing, Tours) No access
    3. On What Are the 360 Percentages Based? No access
  10. 1. Firm Records and Option Periods No access
    2. Term of the Agreement No access
  11. 1. Rerecording Restrictions No access
    2. Sideman Performances No access
  12. 1. Key Person Clause No access
    2. Guaranteed Third-Party Distribution Clause No access
    3. Reversion of Rights Clause No access
  13. Issue #13: What Does the Label of the Future Look Like? No access
3. 1. 1. What Is Copyright? No access
    2. How Do You Get a Copyright? No access
    3. What Benefit Does a Copyright Provide? No access
    4. But How Can I Prove I Own a Copyright? No access
  2. 1. When It Exists No access
    2. What Are the Implications? No access
  3. 1. Ownership of Joint Works No access
    2. Control of Joint Works No access
  4. 1. What Are the Conditions? No access
    2. Financial Benefits No access
    3. Creative Downsides No access
    4. Does the Compulsory Licensing Provision Apply to You, Too? No access
  5. 1. The Copyright Term No access
    2. Reversion of Copyright No access
    3. Thirty-Five-Year Statutory Right of Termination No access
4. 1. 1. The Benefits of Copyright Registration No access
    2. Requirements of Registration No access
    3. Methods of Registration No access
    4. Tips to Save Money No access
  2. 1. Do You Really Need the Notice? No access
    2. What Is the Correct Way to Write the Notice? No access
    3. Why Are There So Many Different Notices on Album Covers? No access
  3. 1. What Is Infringement? No access
    2. Any Substantial Damage? No access
    3. What Do You Have to Prove? No access
    4. Sampling and Infringement No access
    5. Best Course of Prevention No access
  4. 1. Key Points of Distinction No access
  5. Q&A with Attorney Steve Winogradsky No access
  6. Q&A With Michael Eames, President, PEN Music Group No access
5. 1. 1. Writer’s Share No access
    2. Publisher’s Share No access
    3. How Is the Money Divided? No access
    4. Does This All Seem Crazy? No access
  2. Types of Publishing Income No access
  3. 1. A Brief Backstory No access
    2. The Controlled Composition Clause (CC Clause) No access
  4. 1. Who Uses Your Music Publicly? No access
    2. Who Issues Licenses to Music Users? No access
    3. Performing Rights Organizations (PROs) to the Rescue No access
    4. PRO Affiliation: Making Sure You’re Paid No access
    5. Which PRO Should You Join? No access
  5. 1. Types of Print Uses No access
    2. Division of Print Incomes: Based on RSP and Wholesale No access
6. 1. 1. Income for Rights Holders in the Song No access
    2. Income for Rights Holders in the Sound Recording: Aren’t They Paid, Too? No access
    3. Points of Negotiation: Knowing How Much You Should Get No access
    4. Additional Incomes: More Than You Bargained For No access
  2. 1. Permanent Digital Downloads (i.e., iTunes-Type Royalties) No access
    2. Ringtones No access
    3. Noninteractive Audio-Only Streaming (i.e., Webcasting and Satellite Radio) No access
    4. Interactive Streaming-On-Demand Audio No access
    5. Interactive Streaming Video (Audio-Visual Streams) No access
    6. Downloadable Sheet Music No access
    7. Lyric Websites No access
    8. Lyric Cell Phone Apps No access
    9. Planet Uranus Streams and Other Stuff No access
  3. 1. Foreign Mechanicals No access
    2. Foreign Performance Royalties No access
    3. Black Box Monies No access
    4. Foreign Sub-publishers No access
    5. At-Source Royalty Collections No access
7. 1. 1. Song Plugging (TV, Film, and More) No access
    2. Securing Recording Agreements (Cowriters and Credibility) No access
    3. Paying Advances No access
    4. Distributing Marketing Funds No access
    5. Handling Administrative Duties No access
  2. 1. Exclusive Songwriter Agreements No access
    2. Co-publishing Agreements No access
    3. Administration Deals No access
    4. Self-Publishing/Self-Administrating (Doing It All Yourself) No access
  3. Q&A with Music Publisher Neil Gillis No access
8. 1. 1. Step 1: Affiliate with ASCAP or BMI No access
    2. Step 2: Register with SoundExchange No access
    3. Step 3: File a DBA (Doing Business As) No access
    4. Step 4: Registering Your Songs with the Copyright Office No access
    5. Step 5: Handling Other Administrative Duties No access
    6. Step 6: Leave It All Up to a DIY-Friendly Administrator (CD Baby, TuneCore) No access
9. 1. 1. Level 1: The Development Phase—Testing the Waters No access
    2. Level 2: The Business-Minded Phase—Going In for the Local Kill No access
    3. Level 3: The Traveling Salesperson Phase—Supporting Your Record No access
    4. Level 4: The Making-the-Money Phase—Getting It While the Getting Is Good No access
  2. 1. Tip #1: Get Local Club Referrals from Similar Local Bands No access
    2. Tip #2: Form Band Alliances and Gig Swap No access
    3. Tip #3: Consider Contacting Colleges No access
    4. Tip #4: Keep Your Eyes on Corporate Sponsors No access
    5. Tip #5: Watch for Unsigned Artist Openings on Festival Tours No access
    6. Tip #6: Play Industry Conventions No access
    7. Tip #7: Play Where Fans Go: Consider All Alternative Venues and Events No access
    8. Tip #8: Hire a Personal Manager No access
    9. Tip #9: Get a Talent Agent No access
  3. Q&A with Tour Manager Chris Arnstein No access
  4. Q&A With John Pantle, Agent, Sound Talent Group No access
10. 1. 1. Nothing (a.k.a. Free) No access
    2. Pay-to-Play No access
    3. Straight Percentage No access
    4. Flat Guarantee No access
    5. Guarantee Versus Percentage No access
  2. 1. The Gross Potential No access
    2. Per-Show Versus Per-Tour Mega-Promoter Negotiations No access
    3. Co-Headlining Negotiations No access
    4. Multi-Band Festival Tour Negotiations No access
  3. 1. In the Beginning: Local Gigs to the Early Stages of Touring No access
    2. At the Mid-Level to Big Leagues of Touring No access
11. 1. 1. Publicity Rights No access
    2. Trademarks No access
  2. Grants of Rights No access
  3. Merchandising Companies No access
  4. 1. Tour Merchandising No access
    2. Retail Merchandising No access
12. 1. 1. Royalty Rates No access
    2. Merchandising Advances No access
    3. Performance Guarantees No access
    4. The Agreement Term in Merchandising Deals No access
    5. Creative Issues in Merchandising Contracts No access
    6. Territory (The World, North America, or X-Japan) No access
    7. Exclusive Rights in Merchandising Deals No access
    8. The Sell-Off Period No access
13. 1. 1. Royalty Rates: Retail Merchandising No access
  2. Q&A with Independent Merchandiser Bob Fierro No access
1. 1. Digital Labels With a Focus on DSPs and Digital Advertising No access
  2. Fair Compensation for Creators No access
  3. Success That’s Earned on Your Own: DIY Style No access
  4. Ecommerce Opportunities For Artists No access
  5. Success Will Be Driven by Touring and Merch No access
  6. The Concert Business Will Be Shaped, but Never Replaced No access
  7. Business Skills Are Paramount in a Fast-Paced and High-Tech World No access
  8. Shifting Demographics Mainstreamed No access
  9. More Automated and Sophisticated Marketing Everywhere No access
  10. Extended Product Lines and Stronger Brands No access
  11. “Captured” Musical Performances, Not “Manufactured” No access
  12. A Focus on Exciting Music—Not the Latest Technical Trends No access
  13. The Industry’s Salvation: Memorable Song Melodies No access
  14. Label Deals: Single-structured, No Physical, and BlockChain No access
  15. Career Without a Label No access
  16. Streaming Magnifies the Global Independent Artist No access
  17. The Emergence of Subsciption-based Social Media No access
Chapter Review and Discussion Questions No access Pages 263 - 270
Chapter Activity Assignments No access Pages 271 - 276
Midterm Test (Chapters 1–14) No access Pages 277 - 280
Final Test (Chapters 15–26) No access Pages 281 - 284
Midterm Answers (Chapters 1–14) No access Pages 285 - 288
Final Test Answers (Chapters 15–26) No access Pages 289 - 292
Index No access Pages 293 - 303