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87 Terms

1
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Who is the concert promoter?

The person who promotes the show and holds the risk of the concert not being successful. They deal with ticket promotions and marketing the show.

2
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What is a talent buyer?

When a concert venue takes on the risk and responsibility of the concert promoter and assumes more risk. They procure talent for the venue.

3
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What are the 3 categories of concert promoters.

National promoters, local and regional.

4
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What does “four walls” mean?

The Promoter takes all the money from ticket sales and assumes the full financial risk. The venue has guaranteed revenue but no upside.

5
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How much profit can the venue actually make

Assume that all will remain is standing room only, Budget for 60% of the house

6
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What are gross box office receipts.

All receipts from the sale of tickets before any taxes or fees are deducted.

7
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Net box office receipts

GBOR minus taxes and fees that the parties agree to

8
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Gross Potential

Capacity of venue x the value of a ticket

9
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net potential

gross potential - complimentary tickets

10
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Guarantee

Money paid to the artist regardless of how many tickets are sold.

11
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Promoter Profit

Agreed upon minimum amount of money that the promoter will keep as profit once all expenses are paid for

12
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Expenses

costs related to producing and promoting the event

13
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Split Point

number at which the revenue from the event exceeds the expenses + promoter profit

14
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Overage

The amount of money over a split point

15
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Bonus

The amount an artist gets if certain targets are met

16
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What split do they divide up the expenses with?

85 to 15 with larger to the artist

17
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What is a facilities fee

fee on tickets that goes to the owner of the theater with deal sweetness.

18
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What are back times?

Before digital music and streaming

19
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How to market the concert?

Social Media, Radio and Tv- shows the 30-60 second advertisement fees

channel cluster- local cable networks

direct mail and email

print media

postering and street teams

sponsorship and soft dollars

20
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What is block booking?

Booking multiple tickets at once.

21
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Future of concerts

Virtual and private performances

22
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What are some types of values

Stadiums: Seating of 30,000+

Amphitheaters: 5,000-30,000+

Festival Sites: 10,000-130,000 patrons

Arenas: 20,000

Theaters: 300-2,000

Concert Halls/Performing arts centers: 1,000-3,000

mid size music venues

small size music venues

23
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What are some considerations in agreements with venues?

Rentals- installments and rental fees

venue services and equipment offered

merch sales

hall fee- cover the cost that venue incurs to make a sal 25-30%

24
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What per cap mean?

Per capita or per season

25
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What is non fungible token?

blockchain-based tokens that each represent a unique asset like a piece of art, digital content, or media

26
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What are naming rights?

Corporate sponsor rights to large venues - events may have their own sponsors

27
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What are performance licenses?

Public performance triggers an obligation to pay songwriters and music publishers a fee collected by PRO, venues have to have a public performance license

28
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How to manage risk

You need security, Learn about outdoor events- crowd control, financial risk - force majuere

29
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What to know about ticketing?

Ticketer deducts a service fee

30
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Deadwood

unsold tickets

31
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Paper the house

Give away tickets

32
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Scaling the house

Decide what will be sold at what is

33
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Dynamic Pricing -

adjust price based on customer behavior

34
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General admission

No specified seats

35
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VP tickets

very important person

36
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What is the impact of technology

Created a secondary ticket market- scalpers and scale, Digital infrastrutcture and wifi and apps, cashless, geofencing

37
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What are departments in major venues

Operations- oversees venue as a business making sure they communicate and function as a team

Marketing and event production- campaigns with promoters

security

food and beverage

38
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Companies to know

The international association of venue managers

39
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What is a music License

An agreement memorialize in writing granting one party permission to use something the other party controls (IP)

40
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What you need to know when licensing music?

The name of the licensor - party who owns or manages the rights.

The name of the licensee- party who is seeking permission to use the IP

Description of the IP - name and identifying details

How the IP can be used

How the licensor will be compensated

41
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What are some composition options

License fee or reoccurring payment based on usage called a royalty

if there is a royalty there is usually an advance

42
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Who owns the copyright of a musical composition or song

composer

43
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Who owns the sound recording

record label

44
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Blanket License

Licensor grants permission to all the work they own

45
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Work by work

only use specific work

46
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Voluntary

Licensee has to request permission

47
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Compulsory rate

Law grants permission to use the work

48
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Statutory rate

royalty rate created by the copyright royalty board right to use the work by law

49
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What is Creative commons

A place that people make their music available in , non profit, note is a work of derivative or adaptation - title - attribution

50
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What does a CC license require

Attribution of the original author, works title or name

51
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What are some other PRO licenses?

A direct license - or pass through from the party who has secured the rights from the copyright owner

52
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What do the big three do?

ASCAP and BMI - 10% of gross receipts to cover overhead

53
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How do they calculate the weight of a performance

How the music is used, where it is performed, how much the licensee pays, time of tday of the performance, premium credits

54
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What is CMO

Blockchain usage

55
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Standardized identifiers?

Interested party information number, affiliate, international standard musical work code.

56
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Regulation of PRO

content decree- court approved

57
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Mechanical license

interactive streaming

58
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Eligibility for compulsory license

Violation = infringement but violation of voluntary is breach of contract

Musical work - non dramatic nature

previously reproduced and dist4ributed

no change to basic moldy

must make or distribute physical or digital

59
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Voluntary License

Controlled composition - grants label first use mechanical license for any compositions that the artist or producer writer

60
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What is notice of intention

?

61
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Mechanical royalty rates

gather and total these values:

Revenue collected by the digital service for the month for a particular offering (subscriptions or ad suported), number of subscribers of the service in the month, number of streams in the month, amount of money paid by the srervice to the record labels for use of their recordings, amont of money paid to PRO for the performance of the musical works - use the formula to arrive at per stream royalty rate = each song streamed multiply number of treams by the per stream royalty rate

62
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What are some other licenses and their purposes

sample and remix

audio and transcription

dramatic music rights

63
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Advance

From the moment the deal is signed until the show is played

64
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What are some different deals on personal appearances

guarantee (flat fee deal) - you show up I pay you a certain amount of money

Percentage deal- a percentage of gross box office receipts -GBOR

percentage versus deal - certain amount of money or 50% of gross box office receipts or whichever is greater

percentage plus deal - (fixed figure + %)/10,000 (split point)

65
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What is the score

instrumental muic behind action - good for markeitng and sets mood

66
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What is a music supervisor

  •  read script and think what song would work well in this scene

67
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What is a master use license

covers the master recording

68
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What is a synch

cover musical compositions - not obligated to grant

69
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How does music supervising work

  • Music supervisor will put together a brief indicating what is needed - is this background, is it featured, is there vocal, is it going to be the full length of the song or 30 seconds of the song 

  • In most cases if there is a certain amount of money budgeted for a specific scene it will be divided equally 

  • Movie producers will hire someone to sing the song in the scene of the movie pay on buyout 

  • Music supervisor would look to the publisher 

  • Sign off an advance or retain all rights - clear music and recording good to go and very quickly

70
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If you are taking a copyrighted piece of music and adding something to it then…

  • you need consent this is called creating a derivative work and that needs permission 

71
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What are copyrights

  • Cover original literary and artistic expressions (original creativity) 

  • Ex: musical compositions, books, paintings, plays, movies, software

  • Protects against unauthorized use or copying- rewards creative expression and originality 

  • Term: Go for the life of the author + 70 years 

  • copyright.gov - in order to get copyright protection the work needs to be fixed intangible form 

  • You can not copyright a title 

72
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What does fixed intangible form mean

  • Wrote out or recorded 

  • Not singing out loud 

  • PA- composition 

  • SR- recording  

73
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What are trademarks

  • Commercial identification -commerce

  • Ex: words, slogans, phrases, logos 

  • Protect against market confusion 

  • Demonstrate continued use 

  • Federal copyright- use it interstate 

74
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What are patents

  • Scientific inventions or innovation rewarding novelty and utility 

  • Keep others from marketing or selling it

  • uspto.gov

75
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Issues in band agreements

  • Song writer getting paid more

  • Leaving Member clause 

    • New member 

    • Income splits 

  • Expectations for each member 

    • Responsibilities 

  • How decisions are made - unanimous/majority 

  • Who has the trademark

76
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Elements for a live show to work

  • Rehearsal

    • Harder for bands - have to coordinate and get space 

    • Mirror , tools etc 

  • Booking agent 

    • Find work and employment 

77
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Touring negotiation

By the promoter and artist representation (agent) deal struck include advance and budgeting

78
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What is the advancing process

  • Somebody from the promoter venue side and the artist side will begin regular frequent communication to stay in touch until the show is played, making sure everything is in order

79
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Budgeting - promoter + artist

Always have more control over your expenses than you do over your income

80
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What is the settlement process

  • during or after the show

    • When the artist gets paid 

    • Large- during the show

    • Money is designated to be paid to be paid 

    • Calculation not negotiation

81
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What do you have to budget for

talent and venue costs

82
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Artist budget

  • Transportation of people and equipment

  • Even if you pay people on the road 

  • Artists team 

  • Contingency fund 

83
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What is included in live show paperwork

  • Contract 

    • Better if its in writing 

    • Factors to include in the personal appearance contract

      • Where it is

      • when 

        • Date time and duration 

      • Who are the parties 

    • Radius clause - that artist can not perform for a certain period of time before of after that show within a certain radius 

    • Does it have to be cash or check 

    • Rule with photographers 

  • Rule with photographers 

  • Force majeure 

    • If labor shortage or any emergencies 

  • Indemnity 

    • One party legal liability then caused problem will be responsible for whatever it caused the other party 

  • International issues 

    • Currency and exchange rates 


  • Rider

  • tech , hospitality, security, mech 

  • Tech rider- specifications for what that artist needs - sound equipment, lighting etc 

84
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What is force majeure

  • If labor shortage or any emergencies 

85
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What is idemniy

  • One party legal liability then caused problem will be responsible for whatever it caused the other party 

86
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What is a rider

?

87
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