The Musician's Legal Companion
Author: Michael A Aczon
Don't sign a recording contract before reading this book! The Musician's Legal Companion, Second Edition gets to the core of the legal issues you need to know about, in clear, straightforward language. Here you'll find easy-to-comprehend explanations of the four main contracts used in the music business: recording artist, songwriter, artist management, and performance. You'll also discover how to make the relationship with your current or future attorney more fruitful and cost-effective. This new edition includes expanded coverage of topics such as the use of independent producers, 360° agreements, distribution and marketing agreements, how radio and other media fit into an artist's career, film and television agreements, digital distribution, name and likeness agreements, merchandising agreements, and much, much more. With more than 25 years in the music business as a lawyer, educator, and writer, interacting with many musicians both personally and professionally, Michael A. Aczon shares the many lessons he's learned and takes you on a journey to a better legal understanding of the entertainment industry and your music career.
Table of Contents:
Introduction ixPre-Production 1
How to Use This Book 3
Companion Questions 10
A Legal Primer 11
Personal Rights 13
Property Rights 14
Trademark and Copyright 17
Contract Rights 20
Specialties 21
Companion Questions 21
The Four Agreements 23
Songwriting and Music Publishing Agreements 25
Creative Considerations 28
Collaboration 29
Work For Hire 32
Sources of Income 32
The Writer-Publisher Agreement 36
What Is Included in the Catalog? 37
Who Owns What? 38
Administration Rights 39
Songwriting Commitment 39
Advances and Recoupments 40
Theme Variations: Timing Your Publishing Deal 43
Reversions, Revisions, and Restrictions 43
Sample Clearance Agreement 45
Companion Questions 46
Recording Artist Agreements 49
Background Material 51
Exclusive versus Non-exclusive 56
Contract or Lockdown? 58
Creative Control 59
Promotional Commitments 60
Royalties and Advances 61
Recoupable Costs 62
Royalties Revisited 63
Alternatives: Independent Record Companies 64
Alternatives: Production Agreements 65
Alternatives: Development Deals 65
Companion Questions 67
Artist-Management Agreements 69
Development 71
Paying the Piper 75
Packaging 77
Industry Promotion 79
Expansion 81
The Exit Plan 82
Major Contract Points 82
Companion Questions 87
Performance Agreements 89
Scope of Performance 91
Where and When? 92
Passing the Hat 92
Travel and Accommodations 94
Contract Riders 95
Liability to Your Audience 96
No-Show Penalties 97
Merchandising 98
Ancillary Audio Visual Products 99
Personnel 100
Side Musicians 101
Agents 102
Other Personnel 103
Promoters as the "New" Major Labels 104
Companion Questions 104
Business as Usual 107
Business Entities 109
Going It Alone 112
Partnerships: All for One, One for All 114
Corporations and Limited Liability Companies 115
Joint Ventures 116
Non-profit Corporations 117
Deconstruction 118
Get It in Writing 118
Companion Questions 124
Other People's Money 125
The Five Financial Fallacies 128
Preparing for an Investor 130
Characterizing the Cash 133
Companion Questions 137
Dispute Resolution 139
Assess the Damage 141
Remedies 141
Self-Help 143
Mediation 144
Arbitration 145
Small Claims Court 145
Litigation 146
Heading Off Trouble 147
Companion Questions 147
Side Deals 149
Declaration of Independents: A Self-Release Checklist 151
Artist Agreements 153
Artwork 154
Consignment Agreements 154
Consulting Agreements 155
Copyright Filings 155
Courtesy Letters 156
Distribution Agreements 156
Manufacturing and Printing Agreements 158
Master Licenses for Compilations 158
Mechanical Licenses 159
Money Agreements 159
Musician/Vocalist/Model Releases 160
Music Publishing 160
Performance Rights Organizations 161
Producer Agreements 161
Promotion Agreements 162
Publicity Campaign Agreements 163
Samples 163
Studio Agreements 165
Trademarks 165
Conclusion 166
Distribution and Promotions Agreements 167
A Distribution Primer 167
Physical versus Digital Products 169
Physical Distribution Contract Points 170
Digital Distribution Contract Points 173
Promotions Agreements 175
Care and Feeding of Your Entertainment Lawyer 179
Lawyer Shopping 179
Maintenance 180
Specialties Within a Specialty 184
Epilogue: Lessons Learned 189
Surround Yourself with Talent 189
The Artist Is Your Access 190
Don't Wear Out Your Welcome 190
Prepare Yourself Before Diving into the Industry 191
Keep Learning and Teach by Example 192
Take Some Chances 192
Your Chosen Family Is Everything 193
Glossary 195
Index 201
Software Teamwork: Taking Ownership for Success
Author: Jim Brosseau
“If your desire is to effect change or have more influence on a software team, you could either stumble around in the dark for a few years, experimenting with different techniques, or you could buy, read, and apply the techniques in this book. This choice, of course, is up to you.”–Matthew Heusser
“Jim Brosseau’s understanding of the true dynamics of the IT workplace shows through in Software Teamwork. For those on the IT solution delivery front lines, and for those who manage them, his insights and wisdom will lead to not only better projects, but a better work life as well.”–Bruce A. Stewart, Chief Executive Officer, Accendor Research, Inc.
Optimizing the Human Side of Software Development:
Real Solutions Based on Real Data and Experience
Software Teamwork is a compelling, innovative, intensely practical guide to improving the human dynamics that are crucial to building great software.
Drawing on years of work with a wide range of teams, Jim Brosseau shows how to drive powerful improvements through small, focused changes that deliver results. These changes are designed to work for the whole team and respect existing organizational culture. Better yet, Brosseau identifies solutions you can start implementing right now, as an individual, without waiting forexecutive buy-in.
Whatever your methodology, technology, or organization, Software Teamwork demonstrates how to apply solutions to realistic development challenges involving complex sets of stakeholders. Along the way, Brosseau shares important new insights into the attitudes, motives, and personal relationships that project management software just can’t track.
Software Teamwork is a revelation–and an invaluable working resource for every project team member, leader, and stakeholder.
Preface xv
Acknowledgments xxi
About the Author xxiii
Part I: The Problem Space
Chapter 1: Why Are We So Challenged? 3
Chapter 2: Do the Right Thing 23
Part II: Individuals
Chapter 3: The Right Stuff 39
Chapter 4: A Quality Focus 53
Chapter 5: Facing Challenges 65
Chapter 6: Proactive Effectiveness 81
Chapter 7: Sustainability 95
Part III: Groups
Chapter 8: Communication 109
Chapter 9: Motives and Expectations 125
Chapter 10: Playing Well Together 143
Part IV: Teams
Chapter 11: Alignment 161
Chapter 12: Organization 177
Chapter 13: Coordination 199
Chapter 14: Guidance 217
Part V: Stakeholders
Chapter 15: Customers 235
Chapter 16: Setting Goals 243
Chapter 17: Specification 259
Chapter 18: Prioritization 273
Chapter 19: Change 283
Chapter 20: Progress 295
Part VI: Putting It All Together
Chapter 21: Pick Your Battles 311
Chapter 22: Flexibility and Rigor 323
Chapter 23: Progress Revisited 335
Chapter 24: Change Revisited 345
Chapter 25: Constant Vigilance 361
Part VII: Appendix
Appendix: Core Tools 375
Index 387
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