YOUR RESOURCE PAGE TO IMPORTANT INFORMATION ABOUT
THE MUSIC INDUSTRY
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:MUSIC INDUSTRY TIPS:
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TIP 1:
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Manager Loans & Limits in the Music & Entertainment
Industry Money Advances from Managers You may possibly, from time
to time, receive advances from your management. Many personal
managers go out and spend their own money for things that an artist
(songwriter or producer) might need - at the time of need… and this
is a good thing! But, your manager will need to be reimbursed for
his or her expenses! So, in your contract with them, you should put
a limit on how much your manager can spend, without authorization
from you. Bank Account Access You must also limit your manager’s
access to your business account. And never give your management
total “Power Of Attorney”. This is an absolute “no-no!” Now on the
other hand, you may choose to give your manager “Limited Power Of
Attorney”. This basically breaks down to meaning that you and your
manager will mutually make a list of the things that he or she can
sign off on - in your behalf. It will be very important that you
get in writing what your manager’s spending limit will be. Make
sure your agreement clearly states that your manager will need
written approval from you for any major expenses (in your behalf).
“You don’t want your manager going out and spending $20,000.00 on
anything in your behalf, without your knowledge of the
expenditure(s) up front!” Powers of Attorney When you give someone
the authority to act on your behalf, you are granting power of
attorney. · Limited powers of attorney grants only narrow rights,
like giving a friend your check-writing powers while you are on an
extended vacation. Limited powers are revoked if you become
mentally disabled. · Ordinary powers of attorney give broader
powers over your finances. They expire if you become mentally
disabled. · Durable powers of attorney usually grant the broadest
powers of all. A durable power of attorney remains effective if you
become incapacitated.
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TIP 2:
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Manager Payments and Commissions Most managers should be
compensated anywhere from 15% to 20% of your income. But there are
a few managers out there who will want 25% to 30%, or maybe even
more. This really will depend on their reputation and status; like
how much power they have in the music industry to get the deal you
want, their proven history of creating success, and so on. You may
want to avoid the person or management firm asking for 30%, but on
the other hand, if you clearly see their track record with real
evidence of ways they can help bring in more income for you… go
with it! After all, it is better for you to receive 70% of
$1,000,000.00 (or more) that they help to generate and make happen
for your own pocket, as opposed to you getting to keep 85% of
$100,000.00 (or less) a year through a different manager asking for
a lesser commission…but you are having to work twice as hard, twice
as much, and dealing with more drama than you prefer. Gross
Payments vs. Net Money You should always try to avoid paying a
manager his percentage based on your “gross” or over-all income
without certain expense deductions. Most of the time there will
always be expenses that "have to be paid" …many times before you
have gotten paid anything at all. As an artist, many times you
should seek to pay your manager his or her commissions based only
on what you actually collect as income …after any indispensable
expenses like tour costs, recording, etc. For example: Say you
signed a pretty big record deal with Sony to do your album, and the
total deal was $1,000,000. After you paid recording costs, hire
music producers, paid other featured artists and get all the
samples cleared, you might have about $300,000 left. Your manager
would be entitled to his 20% from that, or $60,000. So basically
remember that your manager should get a percentage of the “net”
income. Note: Sometimes, a manager may act as a tour manager, which
means that they should be entitled to extra money for that job.
Also, there are situations that exist where an artist agrees to pay
the manager a higher commission on net income, or a lower
commission on gross income.
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TIP3:
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The most important step to protect your music, beats and
intellectual property rights, will be making sure that you have
registered your music with the Copyright Office Introduction The
Copyright section has been put together to give you a basic
understanding, along with the steps you should take to protect your
music creations. Not having suitable registered proof that you are
the owner of your creation may cause you to lose certain rights
that come with registering your works with the Copyright Office.
Copyright Office Registration, and getting the rights that come
with it is not to be done with the “poor-man’s copyright; mailing a
copy back to yourself, or any other nonsense, if you plan on having
the backing of the US Congress set of laws and regulations
regarding infringement and legislative pay support for music you
own the rights to for licensing, etc. So read this segment of Music
Powers, and follow the simple steps to protect yourself. Also, I
have decided to provide a little bit of information for those of
you who may be interested in knowing when to use certain Copyright
Forms. By Definition, What is A Copyright? A Copyright is the
exclusive right, granted by law for a stated period, usually until
70 years after the death of the surviving author of the work, to
make, dispose of, and otherwise control copies of literary,
musical, dramatic, pictorial and other copyrightable works. The
exclusive right is set forth in the 1976 Copyright Act Section 106.
Now, the law says that Copyright is secured automatically when the
work is created, and a work is "created" when it is fixed in a
copy, and that your music actually has a legitimate copyright as
soon as you can get your song or music “fixed” into a tangible
format of expression. This just means that you either need to get
your song recorded into some type of recorder, or get it written
down or logged into some type of records file. But to truly protect
yourself, along with some very great advantages and benefits that
are backed by the US Government, it’s best to register your music
with the Copyright Office. By registering your music with the
Copyright Office, you will not only have a better record of proof
that you are the owner of the music, but you will also get certain
rights when it comes to lawsuits, and benefits for you if you must
make a claim for copyright infringement… just in case someone uses
your music without your permission or the right to do so. How to
register your song or beats To register your song with the
Copyright office, do the following: 1. Send a request for a form SR
or PA application to the Copyright Office, Library of Congress, 101
Independence Avenue, S E., Washington, D.C. 20559-6000 or download
the application from the website:
www.copyright.gov Note: To order an
application by telephone, call (202) 707-9100. 2. When the
application is completed (properly), send it back to the Copyright
Office with: (a) If unpublished - One copy of manuscript, lead
sheet OR sound recording of the best edition…or (b) If published -
Two copies of manuscript (sheet music) OR a sound recording of the
best edition…and (c) The appropriate non-refundable registration
fee, which is presently $45, by money order, bank draft or check,
made payable to Register of Copyrights. (see current fees) Now, the
wait time for application processing, and getting you your
certificate back in the mail is kind of long (about 5 to 6 months),
but your song is actually registered as soon as the Copyright
Office gets your package (if everything is correct in the package;
the application, and the fee).
Copy Rights pt 2 Form PA,
Form SR - SO, WHICH ONE? FORM PA: For published and unpublished
works of the performing arts (musical works and dramatic works,
pantomimes and choreographic works, motion pictures and other
audiovisual works), use Form PA (Performing Arts). Musical
compositions that are recorded on disc or cassettes are works of
the performing arts, and should be registered with Form PA. For
Example: Let’s say a writer, “Big-Producer-Mayne” writes a song
(words and music) called "Bounce it Baby Girl.” Although he may
have recorded it, if he is only interested in registering the song
work (the underlying or musical composition), but not the actual
recording, Form PA should be used. ______________________________
FORM SR: For published or unpublished sound recordings, use form SR
(Sound Recordings). But please sticky this: Registration for a
sound recording alone is NOT the same as registration for musical,
dramatic, or a literary work that has been recorded. Form SR is
used for registration of the particular sounds or a particular
recorded performance. Form SR should also be used if you wish to
make one registration for both the sound recording and the original
work (musical composition). You may make a single registration
using form SR only if the copyright claimant is the same for both
the sound recording and the musical composition. · The bottom line
is that Copyrights in sound recordings are to be registered on
Copyright Form SR. For Example: Let’s say an artist, “The Regional
Buzz” performs and then records "Bounce it Baby Girl” which was
written by “Big-Producer-Mayne.” After the artist “Regional Buzz”
gets permission, clearance, and a license from
“Big-Producer-Mayne,” if “Regional Buzz” wants to submit the
recording for copyright registration, Form SR should be used.
___________________________ VERY IMPORTANT NOTES: q If you are the
owner of both the song composition, and the sound recording of the
particular song, you can just use Copyright Form SR to register
both of these separate elements as one registration. This is
sometimes normal when it comes to producers who write their own
music and then record it as a production. q Sounds accompanying a
motion picture or other audiovisual work should not be registered
on Form SR. q You may also file multiple songs as a collection of
songs.
Auditions:
Industry contracts:
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Entertainment Contracts
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SUBLEASE CONTRACT COMMERCIAL BUILDING LEASE AGREEMENT EXTENSION OF
CONTRACT EARLY TERMINATION OF CONTRACT ASSIGNMENT OF CONTRACT
NOTIFICATION OF BREACH OF CONTRACT STUDIO VENUE RELEASE LOCATION
PROPERTY RELEASE DEAL MEMO TALENT CONSENT AND ASSIGNMENT OF RIGHTS
DEPICTION RELEASE, GRANT DEPICTION RELEASE, OPTION PURCHASE FORMAT
DEPICTION RELEASE, GRANT (Revision Format Consent & Release
DEPICTION RELEASE, DOCUMENTARY (Short Form) FILM CLIP LICENSE STILL
PHOTO RELEASE ARTWORK RELEASE SUBMISSION RELEASE NON-DISCLOSURE
AGREEMENT OPTION-PURCHASE AGREEMENT OPTION-PURCHASE AGREEMENT
(Short Form) QUITCLAIM RELEASE EXTRA AGREEMENT ACTOR OFFER LETTER
ACTOR EMPLOYMENT AGREEMENT a ACTOR EMPLOYMENT AGREEMENT b ACTOR
EMPLOYMENT AGREEMENT c MINOR RELEASE NUDITY RIDER TO PLAYER
AGREEMENT STUNT PERFORMER AGREEMENT TELEVISION HOST AGREEMENT
TELEVISION PERFORMER EMPLOYMENT AGREEMENT WRITER EMPLOYMENT
AGREEMENT (Low Budget, Non-union) WRITER EMPLOYMENT AGREEMENT (Step
Deal) DIRECTORS LOAN (feature film, DGA) DIRECTOR EMPLOYMENT
AGREEMENT (Non-union) DIRECTOR (Employ a DGA Director WRITER
COLLABORATION AGREEMENT JOINT VENTURE AGREEMENT AGREEMENT TO
DISSOLVE JOINT VENTURE CO-PRODUCTION AGREEMENT COMPOSER AGREEMENT
(Low Budget Feature) TV MUSIC RIGHTS LICENSE SYNCH PERFORMING
MASTER USE & MECHANICAL LICENSE SOUNDTRACK RECORDING AGREEMENT
FINDER AGREEMENT PROMISSORY NOTE PROMISSORY NOTE WITH GUARANTEE
PRODUCTION SERVICES AGREEMENT CASTING DIRECTOR AGREEMENT CREW DEAL
MEMO (Salaried On-Call, Exempt Employees) PRODUCER EMPLOYMENT
AGREEMENT TELEVISION SERIES PRODUCER AGREEMENT MAKEUP & SPECIAL
EFFECTS AGREEMENT LOCATION AGREEMENT DISTRIBUTION AGREEMENT
(Filmmaker Friendly) THEATRICAL ACQUISITION (Distributor Friendly)
CERTIFICATE OF AUTHORSHIP CERTIFICATE OF ORIGIN SHORT FORM
ASSIGNMENT DEFINITION OF GROSS RECEIPTS NET PROFIT DEFINITION INT.
TELEVISION DISTRIBUTION AGREEMENT TELEVISION DISTRIBUTION AGREEMENT
SECURITY AGREEMENT SAG ASSUMPTION AGREEMENT HOME VIDEO LICENSING
AGREEMENT MERCHANDISING AGREEMENT PRODUCT RELEASE ATTORNEY-CLIENT
FEE CONTRACT SAG MOTION PICTURE TELEVISION AGENCY CONTRACT PRODUCER
REP AGREEMENT SOUND REPORT SOUND REPORT (advanced)
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Business Contracts
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AGENCY BOOKING AGREEMENT AGREEMENT OF FOREIGN AGENCY AGREEMENT OF
OBLIGATION TO PAY ARTISTS' MANAGEMENT CONTRACT ARTIST - MANAGEMENT
CONTRACT II ARTISTS' MANAGEMENT CONTRACT III PERSONAL MANAGEMENT
CONTRACT PERSONAL MANAGEMENT CONTRACT II PERSONAL MANAGEMENT
CONTRACT III ARTIST PRODUCER CONTRACT ARTIST - MASTER PRODUCER
CONTRACT ARTIST RECORDING CONTRACT ARTIST TECH RIDER BOOKING
CONTRACT BROAD RIGHTS LICENSE BROADCAST RECORDING CONTRACT
BROADCAST RELEASE COMMERCIAL MUSIC CONTRACT COMPOSER'S CONTRACT
CONCERT PERFORMANCE CONTRACT CO-PUBLISHING CONTRACT COPYRIGHT
ASSIGNMENT - PUBLISHER TO PUBLISHER COPYRIGHT ASSIGNMENT- PUBLISHER
TO SONGWRITER COPYRIGHT ASSIGNMENT COPYRIGHT ASSIGNMENT II
COPYRIGHT ASSIGNMENT - SHORT FORM COPYRIGHT LICENSE COPYRIGHT
LICENSE AND CONTRACT DISTRIBUTION CONTRACT EMPLOYMENT CONTRACT
EVENT SPONSORSHIP CONTRACT EVENT SPONSORSHIP CONTRACT II EXCLUSIVE
AGENT - MUSICIAN CONTRACT EXCLUSIVE SONGWRITER CONTRACT EXCLUSIVE
SONGWRITER'S CONTRACT II FILM SYNCHRONIZATION CONTRACT FOREIGN
AGENCY CONTRACT GENERAL PARTNERSHIP CONTRACT INDEPENDENT CONTRACTOR
CONTRACT INTERNATIONAL MARKETING CONTRACT INTERNATIONAL MARKETING
CONTRACT II JOINT VENTURE CONTRACT - Publisher, Producer, Rec Co.
JOINT VENTURE CONTRACT - Publisher, Rec Co., Distributor AGREEMENT
OF LIMITED PARTNERSHIP MASTER RECORDING LICENSE MASTER TRACK
LICENSE MASTER USE RECORDING LICENSE MECHANICAL LICENSE I
MECHANICAL LICENSE II MECHANICAL RIGHTS LICENSE MERCHANDISE
LICENSING CONTRACT MERCHANDISE LICENSE CONTRACT PARENTAL CONSENT
FORM PARTNERSHIP CONTRACT PAYMENT OBLIGATION CONTRACT PERFORMANCE
CONTRACT PHOTOGRAPHER CONTRACT PRODUCTION-DISTRIBUTION-PROMOTION
CONTRACT PRODUCERS ASSISTANT CONTRACT PRODUCER-COMPOSER CONTRACT
PRODUCER-MANAGER CONTRACT PRODUCER ROYALTIES CONTRACT PRODUCER
TALENT CONTRACT PRODUCTION CONTRACT I PRODUCTION CONTRACT II
PROMOTIONAL CONTRACT PUBLISHER-RECORD COMPANY CONTRACT PUBLICITY
CONTRACT PUBLISHER - ROYALTY SHARING CONTRACT I PUBLISHER - ROYALTY
SHARING CONTRACT II PUBLISHING CONTRACT RECORDING COMPANY CONTRACT
RECORDING COMPANY CONTRACT II RECORDING CONTRACT III RECORDING
CONTRACT IV RECORDING CONTRACT-ARTIST RECORD CO-DISTRIBUTOR POLICY
STATEMENT RECORDING MANUFACTURING CONTRACT RECEIPT FOR MASTERS
CONTRACT I RECEIPT FOR MASTERS CONTRACT II RECORD COMPANY PRODUCER
CONTRACT ROYALTY AGREEMENT CONTRACT I ROYALTY AGREEMENT CONTRACT II
ROYALTY AGREEMENT CONTRACT III ROYALTY PAYMENT SCHEDULE SALE OF
PROPERTY CONTRACT SINGLE SONG OPTION CONTRACT SOUND AND LIGHT
CONTRACTING AGREEMENT SONGWRITERS CONTRACT I SONGWRITERS CONTRACT
II SONGWRITERS CONTRACT III STUDIO CHARGES & TIME CONTRACT
SUB-PUBLISHING CONTRACT TALENT - RECORD COMPANY CONTRACT TALENT
RELEASE CONTRACT I TALENT RELEASE CONTRACT II TECHNICAL ADVISER and
CONSULTANT CONTRACT T.V.-MOVIE-FILM SYNCHRONIZATION LICENSE UNION
BOOKING CONTRACT VIDEO RELEASE CONTRACT VOCALIST CONTRACT
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All information here is compliments of Lisa Marie of a Place For US
network
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