Making It in the Music Business

The Business and Legal Guide for Songwriters and Performers

Lee Wilson

• Publisher: Open Road Media
• Year: 2014
• eBook ISBN: 9781497634237
• Topic: Media & Performing Arts
• Subtopic: Music & Business

From an experienced entertainment lawyer, "a terrific handbook that outlines all the information a fledgling musician or songwriter needs to know" ( Booklist).
 
Early in their careers, most musicians find it hard to believe that their band might ever make enough money to fight over. But sooner than you think, success may arrive, and without clear terms that spell out how the band is organized and who controls what rights, your best friends and fellow musicians may become your worst enemies.
 
Anyone who seeks to enter the complex world of the music business ought to know what to do in order to avoid derailing a high-speed ride to the top of the charts. This guide from a longtime intellectual property lawyer can help you get there—without breaking up the band.

Appendixes

A. Copyright Registration Form PA

B. The Songwriters Guild of America Popular Songwriters Contract (model single song agreement)

THE SONGWRITERS GUILD OF AMERICA

NOTE TO SONGWRITERS: (A) DO NOT SIGN THIS CONTRACT IF IT HAS ANY CHANGES UNLESS YOU HAVE FIRST DISCUSSED SUCH CHANGES WITH THE GUILD; (B) FOR YOUR PROTECTION PLEASE SEND A FULLY EXECUTED COPY OF THIS CONTRACT TO THE GUILD.

POPULAR SONGWRITERS CONTRACT

© Copyright 1978 AGAC

AGREEMENT made this ___ day of _____ ,19_, between

_____________________________

(hereinafter called “Publisher”) and

_____________________________

_____________________________

(Jointly and/or severally hereinafter collectively called “Writer”);

WITNESSETH:

Composition (Insert title of composition here)

1. The Writer hereby assigns, transfers and delivers to the Publisher a (Insert title of certain heretofore unpublished original musical composition, written composition and/or composed by the above-named Writer) now entitled_____________________________.

(hereinafter referred to as “the composition”), including the title, words and music thereof, and the right to secure copyright therein throughout the entire world, and to have and to hold the said copyright and all rights of whatsoever nature thereunder existing, for…………………………………………………

not more than 40

(Insert number of years here)

years from the date of this contract or 35 years from the date of the first release of a commercial sound recording of the composition, whichever term ends earlier, unless this contract is sooner terminated in accordance with the provisions hereof.

Performing Rights Affiliation

2. In all respects this contract shall be subject to any existing agreements between the parties hereto and the following small performing rights licensing organization with which Writer and Publisher are affiliated:

(Delete Two)

(ASCAP, BMI, SESAC). Nothing contained herein shall, or shall be deemed to, alter, vary or modify the rights of Writer and Publisher to share in, receive and retain the proceeds distributed to them by such small performing rights licensing organization pursuant to their respective agreement with it.

Warranty

3. The Writer hereby warrants that the composition is his sole, exclusive and original work, that he has full right and power to make this contract, and that there exists no adverse claim to or in the composition, except as aforesaid in Paragraph 2 hereof and except such rights as are specifically set forth in Paragraph 23 hereof.

Royalties

4. In consideration of this contract, the Publisher agrees to pay the Writer as follows:

(Insert amount of advance here)

(a) $………………………..as an advance against royalties, receipt of which is hereby acknowledged, which sum shall remain the property of the Writer and shall be deductible only from payments hereafter becoming due the Writer under this contract.

Piano Copies Sliding Scale (Insert percentage here)

(b) In respect of regular piano copies sold and paid for in the United States and Canada, the following royalties per copy:……………% (in no case, however, less than 10%) of the wholesale selling price of the first 200,000 copies or less; plus

………………..% (in no case, however, less than 12%) of the wholesale selling price of copies in excess of 200,000 and not exceeding 500,000; plus

………………..% (in no case, however, less than 15%) of the wholesale selling price of copies in excess of 500,000.

Foreign Royalties (Insert percentage here)

(c) ………………..% (in no case, however, less than 50%) of all net sums received by the Publisher in respect of regular piano copies, orchestrations, band arrangements, octavos, quartets, arrangements for combinations of voices and/or instruments, and/or other copies of the composition sold in any country other than the United States and Canada, provided, however, that if the Publisher should sell such copies through, or cause them to be sold by, a subsidiary or affiliate which is actually doing business in a foreign country, then in respect of such sales, the Publisher shall pay to the Writer not less than 5% of the marked retail selling price in respect of each such copy sold and paid for.

Orchestrations and Other Arrangements, etc.

(d) In respect of each copy sold and paid for in the United States and Canada, or for export from the United States, of orchestrations, band arrangements, octavos, quartets, arrangements for combinations of voices and/or instruments, and/or other copies of the composition (other than regular piano copies) the following royalties on the wholesale selling price (after trade discounts, if any):

(Insert percentage here)

………………… % (in no case, however, less than 10%) on the first 200,000 copies or less; plus

……………….. % (in no case, however, less than 12%) on all copies in excess of 200,000 and not exceeding 500,000; plus

……………….. % (in no case, however, less than 15%) on all copies in excess of 500,000.

Publisher’s Song Book Folio, etc.

(e) (i) If t...

Table of contents

• Contents
• Author’s Note
• Preface
• Acknowledgments
• I. Introduction
• II. Copyright for Songwriters
• III: The Business of Making Music
• IV: Lawyers and Other Strangers
• Appendixes
• Glossary
• Resources
• Copyright