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What is a Trademark and how long do they last?
Typically a word, phrase, symbol, design, or combination that identifies and distinguishes the source fo one party’s goods from others - can last for multiple periods of 10 years
What’s Label Affiliated Publishing
Publishing companies affiliated with a record company - can be predatory in the ways in which a publishing deal is lumped together with a record deal without your choice
What are Independent Pubilshers
Smaller sized publishing company - typically have to deal with administrative such as registering titles, securing copyrights, and some licensing - very little promotion of artist
What is Artist Owned Publishing
A company set up by an artist to retain ht publishing rights on their music - rare produce anyone else’s music - rarely do they make actualy print music to sell
What is a Wrtier Owned Publishing Company?
Similar to artist owned - instead with a focus on pairing their written music to different performers
How do Print Licenses Work?
Company owns publishing rights but doesn’t want to be responsible for the production and distribution of printed music will grant a print license to publishers that specialize in preparing and distributing printed music - the company that prints and sells the music receives most of the profit made off of it - while the original company retains a portion of the profits (around 20%) - The printing company will have to handle the costs and time of preparing all material to be sold
What is Subpublishing?
Standalone publishing companies that handle publishing in regards to other countries - handle anything that requires a license with the domestic publisher - the domestic publisher signs with them in exchange for giving up a portion of the profits
What are the types of subpublishers?
Multinational companies - feature a number of publishers in different countries - may also be a smaller country size publishing company (Know local communities better, as well as filling more of a niche role)
What do subpublishing companies collect royalty wise?
Every country has their own version of the HFA for the collection and distribution of mechanical royalties, paying them to either your publisher or sub publisher - Every country has at least one PRO that is collecting performance royalties and distributes them to your publisher or sub publisher
What are the 2 payment structures in place for the delivery of profits to original publishers form sub publishers?
At source - The publisher’s cuts out take out “at the source” meaning before any sub publishing proceeds are paid (Usually the way multinational publishing works) - Receipts Based - The original publisher is paid AFTER the sub publisher’s percentage is taken out (The way most independent sub publishers work)
What is Co-Publishing?
The split ownership of copyright (Typically 50-50 between author and publisher)
What’s the types of labels?
Major labels, Independent labels, Specialty Labels, DIY labels
Whats a Major Label?
Huge company with major resources, usually fully fleshed out departments and teams, powerful legal team, with great distribution and advertising, usually incorpoartes every genre
What’s an independent Label?
Not as big or has as much resources as a a major company - focuses on smaller numbers of higher quality released - majorly markets towards a specific genre and or location
What’s a specialty label?
Small label that focuses on their established musical niche - Generally not as big but doesn’t face much competiiton from major labels due to their niche
What’s a DIY Label
At home studio label - little resources - the first step towards becoming a fully fleshed out label
What is the traditional structure of a Record Company
Executive Officer (Oversees the profitability aspect of a company), Artist and Repertoire (Finds and signs talent, and aids in artist development), Marketing (Tries to get exposure for the product via advertisement and other methods), Special Products (Handle incoming license requests+find ways to sell back catalog), International dept (Handles generating revenue in foreign markets), Legal (Enforce payments and handle the legalities of the company), Merchandising (Specializations in the production and distribution of artist related merchandise), and Publishing Affiliates (In house publishing company owned by label)
What are the 5 basic work agreements for producers?
Employed by the label (Salaried employee, no creative freedom, may receive royalty bonuses), Independent Producer under Label (Producer works for themselves, label supplies artist an budget, producer constructs the master), Independent Producer under Artist Contract (Producer is tied to the artist in terms of employment), Independent Producer (Producer pays for the production of an album, with the hopes of selling the master to a label for them to sell), DIY producer (Producer sets up an indepndent label to market the master)
What are the 5 stages of Record Production?
Preproduction - prepares a budget, secure mechanica licenes, rehearse, organize and prepare studio time
In the Studio - Record all tracks, fix tracks as needed
Overdubbing - Fix tracks as needed, add any tracks as needed, record vocals if haven’t
Mixing - Levels, EQ, prepare mixdown, prepare union contracts for session players
Postproduction - Mastering, obtaining art licenses, obtain ax forms, deliver master
What is a SWOT Analysis?
An marketing technique that allows you to look out where you project stands based on its strengths, weaknesses, opportunities, and threats
What are the elements of a basic marketing plan?
Stategy, Promotion, Publicity, Advertising, Product Manager,
What are Push and Pull Marketing?
Push: Companies push their product to the customer
Pull: Companies pull int eh customer towards their product
What must any artist obtian before “sampling” and sound in a new work?
Permission to sample from the publisher and recording company of the original recording+any licenses that are negotiated between the parties
What is song casting?
The process by which a creative department of a publishing company researches and picks what recording artist would best match the song that they are working with
What is the primary funciton of the AR department?
They handle the creative aspects of the music - Involved with the talent’s creative approach to a project - matches songs to talent the best - suggests collaborations between other artists - administer the many aspects of a project - middleman between studio and talent
What significant differences do you see between traditional “big: labels and independent DIY labels
Major labels are slower to music changes than Indie - Major labels have so much more reach as compared to smaller labels - Major labels have an undeniable resource lead on smaller labels with fully fleshed out teams with all kinds of money
Specialty Labels often face marketing and distribution challenges - name at least 2 ways that these kinds of labels have manged to sucess in psite of these challenges
Local Reach + The internet
In a traditional record company what does a producer actually do?
Act as simple the engineer for the project, offering no creative control and fulfilling artist demands - Be a creative force for the project, offering their input on the what best ways to about capturing an artist’s wishes for the project while retaining ideas of marketability - Main goal of producer is to keep the recording session moving towards the shared goal of a marketable master
What does a product manager do?
Manage the overall makreting campaign surrounding a project
What is SoundScan and how is it used by labels?
An organization that tabulates unit sales of recorded music across 19 countries in both digital and physical formats - Provide sales information that artists and labels base their career on
What does an agent do?
Procure employment for the talent - paid on commission from jobs procured by the agent
What does a manager do?
Fulfills many daily functions for the talent on hand - help craft the overall image of an artist - can be in charge of the artist’s finances -can be in charge of artist training - paid on commission (10-25%)
What do attorneys do?
Primarily engaged with contract negotiations - can serve other music business functions -
What are a few differences between regiona and national talent agencies?
Region agents are involved in the local scene and communities - National Agencies typically work with mostly pre-estabilshed talent - National agencies typicalyl assign an indivudal agent for each talent
What are some of the regulations imposed on Agencies by unions?
Place hard limits as to what the agents earn off commissions (Around 10%) - Limits contracts to 2-3 years - Limit responsibilities to just procuring employment for talent
Entertainment Law is divided into 2 categories, litigation services and transaction services, what is the difference?
Litigation is where attorneys press the rights of their clients in court cases over copyright, contract issues, disputes over rights to names, and other things - Transaction services are the day to day functions of legal attorneys (Negotiating and drafting contracts, registering for copyright, researching copyright infringement, ect)
What are factors to take into consideration when hiring parts of your team?
What is their reputation like? - Do they have appropriate experience? - What networking potential is there?
What is American Federation of Musicians and what do they do?
A union for professional musicians - guarantee workers a set of expectations including working conditions, pay, benefits, and more
How powerful is the union and how does it depend by state?
Many states are “Right to work” states which means that state statues limit the power of unions by restricting mandatory enrollment, lessening the overall power of the union, however these employers are most likely to pick musicians not associated with a union as they are able to cut labor costs, and won’t have to pay as much, further reducing the value of the musician
