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III. Business As Usual
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III. Business As Usual
by Michael A. Aczon
The Musician’s Legal Companion, Second Edition
Copyright
Acknowledgments
About the Author
Introduction
I. Pre-production
1. How to Use This Book
Companion Questions
2. A Legal Primer
Personal Rights
Property Rights
Trademark and Copyright
Contract Rights
Specialties
Companion Questions
II. The Four Agreements
3. Songwriting and Music Publishing Agreements
Creative Considerations
Collaboration
Work For Hire
Sources of Income
The Writer-Publisher Agreement
What Is Included in the Catalog?
Who Owns What?
Administration Rights
Songwriting Commitment
Advances and Recoupments
Theme Variations: Timing Your Publishing Deal
Reversions, Revisions, and Restrictions
Sample Clearance Agreement
Companion Questions
4. Recording Artist Agreements
Background Material
Exclusive versus Non-exclusive
Contract or Lockdown?
Creative Control
Promotional Commitments
Royalties and Advances
Recoupable Costs
Royalties Revisited
Alternatives: Independent Record Companies
Alternatives: Production Agreements
Alternatives: Development Deals
Companion Questions
5. Artist-Management Agreements
Development
Paying the Piper
Packaging
Industry Promotion
Expansion
The Exit Plan
Major Contract Points
Establishment of the Artist-Manager Relationship
Length of Agreement
Duties and Obligations
Limits of Authority—Powers of Attorney
Commission and Expenses
Exclusivity
Companion Questions
6. Performance Agreements
Scope of Performance
Where and When?
Passing the Hat
Travel and Accommodations
Contract Riders
Liability to Your Audience
No-Show Penalties
Merchandising
Ancillary Audio Visual Products
Personnel
Side Musicians
Agents
Other Personnel
Promoters as the “New” Major Labels
Companion Questions
III. Business As Usual
7. Business Entities
Going It Alone
Partnerships: All for One, One for All
Corporations and Limited Liability Companies
Joint Ventures
Non-profit Corporations
Deconstruction
Get It in Writing
Companion Questions
8. Other People’s Money
The Five Financial Fallacies
Preparing for an Investor
Characterizing the Cash
Companion Questions
9. Dispute Resolution
Assess the Damage
Remedies
Self-Help
Mediation
Arbitration
Small Claims Court
Litigation
Heading Off Trouble
Companion Questions
IV. Side Deals
10. Declaration of Independents: A Self-Release Checklist
1. Artist Agreements
2. Artwork
3. Consignment Agreements
4. Consulting Agreements
5. Copyright Filings
6. Courtesy Letters
7. Distribution Agreements
8. Manufacturing and Printing Agreements
9. Master Licenses for Compilations
10. Mechanical Licenses
11. Money Agreements
12. Musician/Vocalist/Model Releases
13. Music Publishing
14. Performance Rights Organizations
15. Producer Agreements
16. Promotion Agreements
17. Publicity Campaign Agreements
18. Samples
19. Studio Agreements
20. Trademarks
Conclusion
11. Distribution and Promotions Agreements
A Distribution Primer
Physical versus Digital Products
Physical Distribution Contract Points
Digital Distribution Contract Points
Promotions Agreements
12. Care and Feeding of Your Entertainment Lawyer
Lawyer Shopping
Maintenance
Specialties Within a Specialty
Epilogue: Lessons Learned
Surround Yourself with Talent
The Artist Is Your Access
Don’t Wear Out Your Welcome
Prepare Yourself Before Diving into the Industry
Keep Learning and Teach by Example
Take Some Chances
Your Chosen Family Is Everything
Glossary
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6. Performance Agreements
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7. Business Entities
Part III. Business As Usual
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