| Table des matières |
| | Preface | xvii |
| | Acknowledgments | xix |
| | Part 1: Career Execution | |
| 1. | Pursuing A Career In The New Music Industry: 15 Tips for Career Success | 3 |
| | Tip #1: Realize Your Dreams by Visualizing Them First | 3 |
| | Tip #2: Analyze Your Career Motivations | 4 |
| | Tip #3: Develop a Realistic Outlook by Ignoring the Media Hype | 4 |
| | Tip #4: Be Ready to Pay Your Dues, but Use Your Head | 4 |
| | Tip #5: Expect the Worst to Happen So That the Worst Won't Seem So Bad | 5 |
| | Tip #6: Let Go of Your Fears and Learn How to Go for It | 5 |
| | Tip #7: Form Solid Connections in the "Clique of the Future" | 6 |
| | Tip #8: Nurture New Opportunities While You're Already On the Job | 6 |
| | Tip #9: Climb Through Back Windows When Front Doors Aren't Opening | 7 |
| | Tip #10: Create Your Own Destiny by Being Proactive | 7 |
| | Tip #11: Adapt to Change by Diversifying Yourself Now | 8 |
| | Tip #12: Be Practical About Money by Keeping It and Making It Grow | 8 |
| | Tip #13: Maintain Control in the Face of Drugs and Alcohol | 9 |
| | Tip #14: Remember That Finding Your Passion Is a Blessing Within Itself | 9 |
| | Tip #15: Hang On to the Basics | 10 |
| | Q&A with Success Coach and PR Expert Michael Levine | 10 |
| | Part 2: Business Relationships | |
| 2. | Band Membership, Part 1: Formation and Self-Management | 15 |
| | How and Where to Look for Musicians | 15 |
| | Criteria for Choosing Band Members | 16 |
| | Discuss the Band's Vision | 16 |
| | Use the Personality Questionnaire | 17 |
| | Set Goals, Break Down the Work, and Estimate the Schedule/Costs | 18 |
| | The Day-to-Day Operating Rules of the Band | 19 |
| | Talk About Teamsmanship | 19 |
| | Hold Band Meetings That Don't Suck | 19 |
| | Run Your Rehearsals Effectively | 20 |
| 3. | Band Membership, Part 2: Partnerships, Trademarks, and Business Entities | 25 |
| | Band Membership Agreements | 25 |
| | Your Band Is a Legal Partnership | 25 |
| | Elements of Band Agreements: What to Include | 26 |
| | Q&A with Attorney Jeff Cohen | 27 |
| 4. | Contract Employment Or Self-Employment, Part 1: Gigs and Unions | 35 |
| | Getting the Gig: How to Be a "Working" Musician | 35 |
| | The Preliminary Necessities | 35 |
| | Breaking into the Scene | 36 |
| | Lasting for the Long Haul | 37 |
| | Seeking Fair Treatment and Guidance via the AFM | 37 |
| | AFM Major Benefits: Payment Regulation and Enforcement | 38 |
| | Special AFM Benefits: Funds, New Use Fees, and More | 38 |
| | AFM Health and Retirement Benefits | 39 |
| | Other AFM Benefits | 39 |
| | AFM Membership and Benefit Requirements | 40 |
| | Is Joining the AFM Right for You? | 40 |
| | Seeking Fair Treatment and Guidance via SAG-AFTRA | 41 |
| | General Differences: SAG-AFTRA Versus the AFM | 41 |
| 5. | Contract Employment Or Self-Employment, Part 2: Employment Agreements and Negotiations | 43 |
| | Working for Employers with Limited Budgets | 43 |
| | Working for Employers with Larger Budgets | 44 |
| | Wages | 44 |
| | Retainers | 44 |
| | Rehearsals | 44 |
| | Per Diems | 45 |
| | Buyouts | 45 |
| | Special Travel and Lodging Accommodations | 45 |
| | Special Clothing | 45 |
| | Instruments and Travel Cases | 46 |
| | Equipment Parts and Repairs | 46 |
| | Equipment Endorsements | 46 |
| | Equipment Techs | 46 |
| | Equipment Insurance | 46 |
| | Working for Employers Who Offer a Salary and Percentages | 47 |
| 6. | Contract Employment Or Self-Employment, Part 3: Taxes and Insurance | 49 |
| | Understanding Your Taxes: Uncle Sam's Cut | 49 |
| | Contract Employment (Why Is My Check So Small?) | 49 |
| | Self-Employment / Independent Contractor Status | 52 |
| | Workers' Compensation Insurance | 54 |
| | Contract Employees: Covered | 54 |
| | Self-Employment / Independent Contractor Status: Not Covered | 54 |
| | If Not Covered, Where Can I Find Insurance? | 54 |
| | The IRS: Qualifications for Employment | 55 |
| 7. | Solo Artist And Employer: Pros, Cons, and Responsibilities | 57 |
| | The Advantages of Going Solo | 57 |
| | Fewer Hassles over Making Decisions | 57 |
| | Increased Earning Potential | 58 |
| | Greater Job Security | 58 |
| | More Freedom to "Sail" Alone | 58 |
| | The Disadvantages of Going Solo | 58 |
| | Greater Financial Burdens | 58 |
| | Increased Workload | 59 |
| | Greater Leadership and Business Demands | 59 |
| | Fewer Members to Blame or Hide Behind | 60 |
| | More Pressure to Succeed | 60 |
| | Leaving Member Clauses: The Record Company's Rights to Solo Artists | 60 |
| | What Is a Leaving Member Clause? | 60 |
| | How Does a Leaving Member Clause Work? | 60 |
| | Leaving Member Clauses and Prorating Expenses | 60 |
| | The Business and Legal Responsibilities of Solo Artists | 61 |
| | Treat It Like a True "Work Made for Hire" | 61 |
| | Pay Wages and Commissions | 61 |
| | Handle Income, Social Security, and Payroll Taxes | 62 |
| | Provide Workers' Compensation Insurance | 62 |
| | Know the Difference: Contract Employee or Independent Contractor Status | 62 |
| | Q&A with DJ Entrepreneur Justin Paul | 64 |
| | Part 3: Pro Teams | |
| 8. | Entertainment Attorneys: What They Do and What They Cost You | 69 |
| | The Role of an Attorney in Your Career | 69 |
| | Hiring Your Attorney | 70 |
| | Finding an Attorney | 70 |
| | Qualities to Look For in an Attorney | 71 |
| | Attorney Fee Structures | 72 |
| | Hourly Rate | 73 |
| | Flat Fees | 73 |
| | Percentage of the Deals (5 Percent) | 74 |
| | Label Shopping Percentage Deals (10 to 20 Percent) | 74 |
| | A Flat Retainer | 75 |
| | A Conflict of Interest | 76 |
| | Conflicts with Record Companies | 76 |
| | Conflicts with Band Members | 76 |
| | Conflicts with Personal Managers | 76 |
| | Conflicts with Your Own Attorney | 76 |
| | Changing Your Legal Representation | 77 |
| | Talk About It First | 77 |
| | Sever the Relationship | 77 |
| 9. | Personal Managers: Roles, Options, and Agreements | 79 |
| | The Role of a Personal Manager in Your Career | 79 |
| | Artist Development | 79 |
| | Contracts and Income Streams | 80 |
| | Project Management | 80 |
| | Hybrid Services: Merch, Publishing, and More | 80 |
| | Live Engagements and Touring | 81 |
| | Physical and Mental Health Issues | 81 |
| | Management Options | 82 |
| | Self-Management | 82 |
| | Start-Up Management | 82 |
| | Established Professional Management | 83 |
| | Management Agreements | 84 |
| | Exclusivity | 84 |
| | Key Person Clause | 84 |
| | The Agreement Term | 84 |
| | The Manager's Commission (15 to 30 Percent) | 85 |
| | Business Expenses | 86 |
| | Limited Power of Attorney | 87 |
| | Talent Agency Disclaimer | 88 |
| | Dispute Resolution: Arbitration and Mediation | 88 |
| | Post-Term Provisions (Sunset Clauses) | 88 |
| 10. | Business Managers: Bills and Investments | 91 |
| | The Role of a Business Manager in Your Career | 91 |
| | Investment Strategies and Financial Planning | 91 |
| | Bookkeeping and Accounting | 92 |
| | Tour Services | 93 |
| | Asset Administration | 94 |
| | Financial Reporting | 94 |
| | Tax Planning | 94 |
| | Insurance: Liability, Auto, Home, and More | 95 |
| | Royalty Examination | 96 |
| | Hiring Your Business Manager | 96 |
| | When to Hire a Business Manager | 96 |
| | Finding a Reputable Business Manager | 97 |
| | Qualities to Look For in a Business Manager | 97 |
| | Important Terms of Your Agreement | 98 |
| | Payment Structure | 98 |
| | Audit Rights | 99 |
| | Power of Attorney (or "Limited" Power of Attorney) | 99 |
| | The Right to Terminate | 100 |
| 11. | Talent Agents: Work, Scope, and Contracts | 103 |
| | The Role of an Agent in Your Career | 103 |
| | Formulating Your Tour Strategy | 103 |
| | Packaging the Artist | 104 |
| | Determining Whether to Open or Headline | 104 |
| | Routing the Tour | 104 |
| | Pricing the Artist | 104 |
| | Determining When to Put Tickets on Sale | 105 |
| | Negotiating Fees for Live Performance Deals | 105 |
| | Collecting Deposits | 106 |
| | Handling Hall Fees | 106 |
| | Hiring Your Agent | 106 |
| | When to Hire an Agent | 106 |
| | Hooking Up with a Talent Agency | 106 |
| | Qualities to Look For in an Agent and Agency | 107 |
| | Terms of the Agreement | 108 |
| | The Agent's Fee (10 Percent) | 108 |
| | The Scope of the Agreement | 109 |
| | Exclusivity | 109 |
| | The Territory | 110 |
| | Duration of the Contract | 110 |
| | Rights to Terminate | 110 |
| | Are Contracts Even Needed? | 110 |
| 12. | Record Producers: Creativity, Budgets, and Fee Structures | 113 |
| | The Role of a Record Producer in Your Career | 113 |
| | When and How a Producer May First Get Involved | 114 |
| | A Barter System Arrangement | 115 |
| | The On-Spec Agreement | 115 |
| | The Do-It-Yourself / Work Made for Hire Approach | 115 |
| | The Production Company Deal | 115 |
| | The Record Label Deal | 116 |
| | Additional Responsibilities of the Record Producer | 116 |
| | Creating a Recording Budget | 116 |
| | Maintaining a Recording Budget | 117 |
| | Handling Other Administrative Responsibilities | 117 |
| | Hiring a Record Producer | 119 |
| | Selecting a Record Producer | 119 |
| | Negotiating the Producer's Deal | 122 |
| | The Record Producer's Compensation Structure | 122 |
| | Producer Advances | 122 |
| | Producer Royalties | 123 |
| | Master Monies | 124 |
| | Music Publishing: When Should the Producer Get a Share? | 124 |
| | Part 4: Deals And Dollars | |
| 13. | Making And Selling Records, Part 1: Types of Record Deals and Companies | 129 |
| | Do-It-Yourself Recording Companies | 129 |
| | General Philosophy | 129 |
| | What Makes the DIY Label Possible? | 130 |
| | Funding | 130 |
| | Budgets | 130 |
| | Profits | 130 |
| | Distribution | 131 |
| | DIY Ain't Easy, But | 131 |
| | Independent Labels | 132 |
| | Ownership | 132 |
| | Philosophy | 132 |
| | Advantages | 133 |
| | Disadvantages | 133 |
| | Advances/Royalties/Splits | 133 |
| | Distribution | 135 |
| | Production Companies | 136 |
| | Types of Production Companies (From Start-up to Pro) | 136 |
| | How They Operate | 136 |
| | General Deal Structure | 137 |
| | They Are a Godsend | 137 |
| | They Are a Pact with the Devil | 137 |
| | Advances/Royalties/Splits | 137 |
| | Distribution | 138 |
| | Major Labels | 138 |
| | Ownership/Structure | 138 |
| | Departments/Staff | 139 |
| | General Philosophy | 139 |
| | Advantages | 139 |
| | Disadvantages | 139 |
| | Royalty Rates/Advances/Splits/Deal Points | 139 |
| | Distribution | 141 |
| 14. | Making And Selling Records, Part 2: Key Deal Issues in Recording Contracts | 143 |
| | Issue #1: Who Is the Label? | 143 |
| | Issue #2: How Much Will I Get to Make My Record? | 144 |
| | Recording Funds | 144 |
| | Advance Plus Expenses | 144 |
| | Issue #3: Can I Make the Record I Want to Make? | 144 |
| | Mutual Consent of the Record Producer | 144 |
| | Approval of Artwork and Other Materials | 144 |
| | Issue #4: How Do I Know They'll Release My Record? | 145 |
| | Guaranteed Release Clause | 145 |
| | Free to Leave or Buy Back Your Masters | 145 |
| | Issue #5: Will I Get Guaranteed Marketing Support? | 145 |
| | Deficit Tour Support? | 145 |
| | Guaranteed Promotional Videos (YouTube, Vimeo)? | 146 |
| | Independent Radio Promotion? | 146 |
| | Websites? | 146 |
| | Independent Publicity | 146 |
| | Issue #6: Do I Have a Say in How the Masters Will Be Exploited? | 146 |
| | Issue #7: Artist Royalties: Will I Ever Make Money from the Label? | 147 |
| | Artist Royalties and CDs, Vinyl, and More | 147 |
| | Electronic Transmissions (Downloads, Ringtones, Audio and Video Streaming) | 147 |
| | Issue #8: Controlled Composition Clauses | 147 |
| | Issue #9: 360 Rights in Deals | 148 |
| | Active Versus Passive Income | 148 |
| | The Label's Cut (What They Take for Merch, Publishing, Tours) | 148 |
| | On What Are the 360 Percentages Based? | 148 |
| | Issue #10: How Many Records and for How Long Is the Deal? | 149 |
| | Firm Records and Option Periods | 149 |
| | Term of the Agreement | 149 |
| | Issue #11: Can I Record Other Projects? | 150 |
| | Rerecording Restrictions | 150 |
| | Sideman Performances | 150 |
| | Issue #12: Everything Else Artists Should Be Concerned About | 150 |
| | Key Person Clause | 150 |
| | Guaranteed Third-Party Distribution Clause | 150 |
| | Reversion of Rights Clause | 151 |
| | Issue #13: What Does the Label of the Future Look Like? | 151 |
| 15. | Music Publishing, Part 1: Copyright Basics | 153 |
| | Copyright: Definition, Formation, and Benefit | 153 |
| | What Is Copyright? | 153 |
| | How Do You Get a Copyright? | 154 |
| | What Benefit Does a Copyright Provide? | 154 |
| | But How Can I Prove I Own a Copyright? | 155 |
| | Copyright and Work Made for Hire | 156 |
| | When It Exists | 156 |
| | What Are the Implications? | 156 |
| | Copyright and Joint Works | 156 |
| | Ownership of Joint Works | 156 |
| | Control of Joint Works | 158 |
| | Compulsory Licensing for Records | 160 |
| | What Are the Conditions? | 160 |
| | Financial Benefits | 160 |
| | Creative Downsides | 160 |
| | Does the Compulsory Licensing Provision Apply to You, Too? | 161 |
| | Duration of Copyright | 162 |
| | The Copyright Term | 162 |
| | Reversion of Copyright | 163 |
| | Thirty-Five-Year Statutory Right of Termination | 163 |
| 16. | Music Publishing, Part 2: Even More Copyright Basics | 165 |
| | Copyright Registration | 165 |
| | The Benefits of Copyright Registration | 165 |
| | Requirements of Registration | 166 |
| | Methods of Registration | 166 |
| | Tips to Save Money | 166 |
| | The Copyright Notice | 167 |
| | Do You Really Need the Notice? | 167 |
| | What Is the Correct Way to Write the Notice? | 167 |
| | Why Are There So Many Different Notices on Album Covers? | 168 |
| | Copyright Infringement | 168 |
| | What Is Infringement? | 168 |
| | Any Substantial Damage? | 168 |
| | What Do You Have to Prove? | 169 |
| | Sampling and Infringement | 169 |
| | Best Course of Prevention | 170 |
| | More on Copyright: Sound Recordings Are Copyrights, Too | 170 |
| | Key Points of Distinction | 170 |
| | Q&A with Attorney Steve Winogradsky | 172 |
| 17. | Music Publishing, Part 3: Income Streams[—]Mechanicals, Performances, and Print | 175 |
| | Shares of the Publishing Pie | 175 |
| | Writer's Share | 175 |
| | Publisher's Share | 175 |
| | How Is the Money Divided? | 175 |
| | Does This All Seem Crazy? | 176 |
| | Types of Publishing Income | 176 |
| | Mechanical Royalties | 176 |
| | A Brief Backstory | 176 |
| | The Controlled Composition Clause (CC Clause) | 177 |
| | Performance Royalties | 179 |
| | Who Uses Your Music Publicly? | 180 |
| | Who Issues Licenses to Music Users? | 180 |
| | Performing Rights Organizations (PROs) to the Rescue | 181 |
| | PRO Affiliation: Making Sure You're Paid | 183 |
| | Which PRO Should You Join? | 184 |
| | Print Royalties | 185 |
| | Types of Print Uses | 185 |
| | Division of Print Incomes: Based on RSP and Wholesale | 186 |
| 18. | Music Publishing, Part 4: Synch, Electronic Transmissions, and Sub-publishing | 189 |
| | Synchronization Fees | 189 |
| | Income for Rights Holders in the Song | 189 |
| | Income for Rights Holders in the Sound Recording: Aren't They Paid, Too? | 189 |
| | Points of Negotiation: Knowing How Much You Should Get | 190 |
| | Additional Incomes: More Than You Bargained For | 193 |
| | Electronic Transmissions: Downloads, Streams, and More | 194 |
| | Permanent Digital Downloads (i.e., iTunes-Type Royalties) | 194 |
| | Ringtones | 195 |
| | Noninteractive Audio-Only Streaming (i.e., Webcasting and Satellite Radio) | 195 |
| | Interactive Streaming-On-Demand Audio | 195 |
| | Interactive Streaming Video (Audio-Visual Streams) | 196 |
| | Downloadable Sheet Music | 196 |
| | Lyric Websites | 197 |
| | Lyric Cell Phone Apps | 197 |
| | Planet Uranus Streams and Other Stuff | 197 |
| | Foreign Sub-publishing Income | 198 |
| | Foreign Mechanicals | 198 |
| | Foreign Performance Royalties | 199 |
| | Black Box Monies | 199 |
| | Foreign Sub-publishers | 200 |
| | At-Source Royalty Collections | 201 |
| 19. | Music Publishing, Part 5: Publishing Companies and Types of Deals | 203 |
| | What Established Music Publishers Can Do for Your Career | 203 |
| | Song Plugging (TV, Film, and More) | 203 |
| | Securing Recording Agreements (Cowriters and Credibility) | 204 |
| | Paying Advances | 204 |
| | Distributing Marketing Funds | 205 |
| | Handling Administrative Duties | 205 |
| | Types of Publishing Deals | 206 |
| | Exclusive Songwriter Agreements | 206 |
| | Co-publishing Agreements | 206 |
| | Administration Deals | 207 |
| | Self-Publishing/Self-Administrating (Doing It All Yourself) | 208 |
| | Q&A with Music Publisher Neil Gillis | 209 |
| 20. | Music Publishing, Part 6: Starting Your Own Publishing Company | 213 |
| | Six Steps to Starting Your Own Publishing Company | 213 |
| | Step 1: Affiliate with ASCAP or BMI | 213 |
| | Step 2: Register with SoundExchange | 214 |
| | Step 3: File a DBA (Doing Business As) | 214 |
| | Step 4: Registering Your Songs with the Copyright Office | 215 |
| | Step 5: Handling Other Administrative Duties | 215 |
| | Step 6: Leave It All Up to a DIY-Friendly Administrator (CD Baby, TuneCore) | 216 |
| 21. | Live Performing And Touring, Part 1: Purpose and Opportunity | 219 |
| | When and Why to Perform Live and Tour | 219 |
| | Level 1: The Development Phase[—]Testing the Waters | 219 |
| | Level 2: The Business-Minded Phase[—]Going In for the Local Kill | 220 |
| | Level 3: The Traveling Salesperson Phase[—]Supporting Your Record | 220 |
| | Level 4: The Making-the-Money Phase[—]Getting It While the Getting Is Good | 221 |
| | How and Where to Get Gigs: 9 Tips to Consider | 222 |
| | Tip #1: Get Local Club Referrals from Similar Local Bands | 222 |
| | Tip #2: Form Band Alliances and Gig Swap | 222 |
| | Tip #3: Consider Contacting Colleges | 222 |
| | Tip #4: Keep Your Eyes on Corporate Sponsors | 223 |
| | Tip #5: Watch for Unsigned Artist Openings on Festival Tours | 223 |
| | Tip #6: Play Industry Conventions | 223 |
| | Tip #7: Play Where Fans Go: Consider All Alternative Venues and Events | 224 |
| | Tip #8: Hire a Personal Manager | 224 |
| | Tip #9: Get a Talent Agent | 224 |
| | Q&A with Tour Manager Chris Arnstein | 224 |
| 22. | Live Performing And Touring, Part 2: Deals, Negotiations, and Contracts | 227 |
| | How You're Paid for Live Performance Deals | 227 |
| | Nothing (a.k.a. Free) | 227 |
| | Pay-to-Play | 228 |
| | Straight Percentage | 228 |
| | Flat Guarantee | 229 |
| | Guarantee Versus Percentage | 229 |
| | How Live Performance Deals Are Negotiated | 231 |
| | The Gross Potential | 231 |
| | Per-Show Versus Per-Tour Mega-Promoter Negotiations | 232 |
| | Co-Headlining Negotiations | 232 |
| | Multi-Band Festival Tour Negotiations | 232 |
| | Live Performance Contracts and Riders | 233 |
| | In the Beginning: Local Gigs to the Early Stages of Touring | 233 |
| | At the Mid-Level to Big Leagues of Touring | 234 |
| 23. | Merchandising, Part 1: Rights, Types, and Companies | 237 |
| | Merchandising Rights | 237 |
| | Publicity Rights | 237 |
| | Trademarks | 237 |
| | Grants of Rights | 238 |
| | Merchandising Companies | 238 |
| | Types of Merchandising Deals | 239 |
| | Tour Merchandising | 239 |
| | Retail Merchandising | 240 |
| 24. | Merchandising, Part 2: Contract Terms for Tour Merchandising | 241 |
| | Key Touring Terms in Merchandising Contracts | 241 |
| | Royalty Rates | 241 |
| | Merchandising Advances | 242 |
| | Performance Guarantees | 243 |
| | The Agreement Term in Merchandising Deals | 244 |
| | Creative Issues in Merchandising Contracts | 245 |
| | Territory (The World, North America, or X-Japan) | 246 |
| | Exclusive Rights in Merchandising Deals | 246 |
| | The Sell-Off Period | 247 |
| 25. | Merchandising, Part 3: Retail Deals and Independent Merchandising | 249 |
| | Key Retail Terms in Merchandising Contracts | 249 |
| | Royalty Rates: Retail Merchandising | 249 |
| | Q&A with Independent Merchandiser Bob Fierro | 250 |
| | Part 5: Future Predictions | |
| 26. | The Music Business 2020: Future Forecasts by the Pros | 257 |
| | Copyright Laws: Making Way for New Trends in Music | 257 |
| | Fair Compensation for Creators | 257 |
| | Success That's Earned on Your Own: DIY Style | 258 |
| | Affordable DIY Services That Capture New Revenue Streams | 258 |
| | Success Will Be Driven by Touring and Merch | 258 |
| | The Concert Business Will Be Shaped, but Never Replaced | 259 |
| | Business Skills Are Paramount in a Fast-Paced and High Tech World | 259 |
| | Shifting Demographics Mainstreamed | 259 |
| | More Automated and Sophisticated Marketing Everywhere | 260 |
| | Extended Product Lines and Stronger Brands | 260 |
| | "Captured" Musical Performances, Not "Manufactured" | 260 |
| | A Focus on Exciting Music[—]Not the Latest Technical Trends | 260 |
| | Opportunity for Smart Entrepreneurs, Not for Artists | 261 |
| | The Industry's Salvation: Memorable Song Melodies | 261 |
| | Chapter Review and Discussion Questions | 263 |
| | Chapter Activity Assignments | 271 |
| | Index | 277 |
