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Compulsory License
Once a song is published, recorded, and distributed, then the copyright holder is required by law to license anyone to record and distribute that song, in exchange for a fixed mechanical royalty
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Mechanical licenses
Record company required by law to obtain a mechanical license in order to produce and distribute records to the public
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Blanket Licensing
Many stations purchase a blanket license to cover the entire catalog
If a station is part of a conglomerate the parent company will purchase the blanket license
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Factors influencing the license rate (live performance)
Seating cap, admission charge, weekly budget for live music, number of hours of live music, estimated gross income
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Who is licensed?
Radio, TV, clubs, hotels, arenas, colleges, concert halls
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Publishers may join ___ PRO(s)
all
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Songwriters may join ___ PRO(s)
one
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What are the 3 PROs in the US?
- ASCAP (American Society of Composers, Authors, Publishers)
- BMI (broadcast music inc)
- SESAC (Society of European Stage Authers and Composers)
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For most composers and publishers, their _______ source of income is from licensed performances of their music.
Largest
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What are the 2 types of royalties for a songwriter?
- Mechanical (Harry Fox agency)
- Performance (collected by PROs)
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PROs issue license and collect royalties for what?
Performances, live and broadcast
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What is a license?
Granting of official permission to do something
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What is a PRO?
Performing Rights Organization
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P3 hases of Record Production:
- -Prepro (Planning)
- -Tracking
- -Postpro (Mixing/Mastering)
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4 types of production deals:
- 1) Producer hired as full time salaried employee, possibly with a royalty override (head of A&R assigns projects; producer has little input)
- 2) Producer hired as independent (Job is to create master, label assigns budget, delivers artist, producer receives production fee)
- 3) Producer delivers the artist and master and then shops it to a label
- 4) Producer's services are delivered by the artist
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what do mixers do?
blend the multitrack recording into the desired sound
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What are producers paid royalties on?
All records sold, recording costs are not charged against royalties
record company does recoup producer's advance
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What does a Producer do?
- -select songs
- -decide on the right arrangements
- -get the right blend and balance (vocals & instruments)
- -Handle administrative details (booking studio, musicians, filing union reports, etc.)
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4 Major Labels
- -Universal
- -Sony/BMG
- -EMI
- -WEA
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2 types of independent labels
Major -distributed independent
True Independent
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Major-distributed independent
record company that finds and records artists, but has a contract with a major label to do distribution, marketing and promotion
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"true" independent
- -not owned by a major label
- -financed by owners &/or investors
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Methods of distribution- Direct sales
independent stores buy from local bands
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consignment
store stocks your records for usually 90 days. They keep 25-50% of the gross sales. Unsold product is returned to you.
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Record Company Structure
- A & R
- Sales
- Promotion
- Marketing
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A & R
- Artist & Repertoire:
- -Find & signs new talent
- -development and execution of projects
- -involved in studio production with the talent they have signed
- -acts as a liason between artist and label
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Sales
selling to retailers, online sales, distribution
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Promotion & Marketing
- -radio promotion
- -video promotion
- -publicity-TV appearaches, interviews, articles in newspaper, magazines
- -Advertising campaigns
- -Creative services-posters, POP displays, album artwork
- -Product Management- works with other departments in packaging, touring, advertising, promotion, overall coordination of a new release
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definition of RECORD
-both audio ONLY and audiovisual recordings
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definition of a MASTER
original studio recording
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Royalty Calculation
- -Artist royalty is a percentage of the wholesale price (PPD or BPD)
- -Each royalty percent is called a point
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Royalty Deductions
- 1) Free goods
- 2) Promotion Copies (given to radio stations; not for sale)
- 3) Return Privilege
- 4) Reserves (some money is held back as a "reserve against returns"
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Artist's Advance
advance is money given to the artist during the time the album is made
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Recoupment
- -the process of the record company paying itself back it's investment in the artist
- -record company keeps the artist's royalties until they ahve recouped their costs
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Cross-Collateralization
- -The application of profits in one area to offset losses in another
- -never good for the artist
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Cross-Collateralizating Sequentially
advances under your current recording deal are cross collateralized with royalties under past and future record deals
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Data collection services
- Soundscan -CDs
- BDS & Mediabase -Radio
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Concert market
- -concert biz rivals recorded music revenue stream
- -tickets and merch
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Webcasting Royalties
- -if you are the featured artist on a master recording that is broadcast on a noninteractive internet site then you should get royalties
- ex: land based radio, sattelite radion, on demand
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webcasting royalties are paid by...
sound exchange and royalty logic
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webcasting royalty money is divided by...
- 50% to owner of sound
- 5% is paid to unions
- 45% proportionally to each band member
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360 deals
- -record company gets a share of the entire pie (record sales, touring, songwriting, merch, fan clubs, sponsors, movies)
- -arn't making enough money just selling records
- -building brand
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how does a 360 deal work?
- -record company gets 10-35% of the artist's net income from non record sources
- -can deduct 30-35% for commissions to your team
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Commissions paid to Personal Manager
- -15% of gross is standard
- -manager gets commissions on sales of records recorded during the terms of the management contracts, after the mgt. contract has expired
- -managers gets commissions on records made after the term of the management contract, if they were recorded during the term of the mgt. contract
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Sunset Clauses
- -manager can commission only records recorded and released during the term of the contract
- -manager gets half commission on records recorded during the term but released after the term
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