Artefacts
Music Business for Musicians
Artefact one- Copyright
—Copyright is an important aspect of the music business world to make sure that you understand to the fullest. No matter what music career you are following you will need to think about copyright at some point. Knowing how copyright arises and what terms fall into what is rightfully yours and what you may owe other people is very important.
Explain how copyright arises in relation to the creation of musical works
As soon as the music is recorded the copyright happens automatically and the songwriter has ownership of the copyright, unless the ownership was passed on.
Explain which types of work are protected by the Copyright, Designs and Patents act (1988)
The Copyright, Designs and Patents Act 1988 gives the songwriter and producer the sole right over the piece. It allows the creators of digital media to control how their work is used and distributed. Anything which you design is automatically copyrighted and may not be copied without your permission, as the creator.
Explain the four moral rights granted by copyright and the concept of copyright infringement
The four moral rights granted by copyright the right to be known as the songwriter, The right to object to derogatory treatment, the right to object to false attribution and the right to the use of your song in film and photography.
Explain the difference between an author and an owner with regards to copyright
The Copyright, Designs and Patents Act 1988 defines the author of a work as the person who created it. The author as creator is not always the owner of a work. The author can assign the song to a publisher which would then change the holder of the copyright.
Explain the life of copyright of musical works, correctly detailing the correct duration of songs and recordings
The life of copyright of a song which has been released lasts 70 years. However, if the piece is not released the life of copyright only lasts 50 years from the record date.
Artifact two- Contracts
—Contracts are important to understand for many reasons. You want to make sure what you are signing isn't dobbing you out of the royalties that are rightfully yours, you want to make sure that these contracts can't leave you in any legal trouble and so there is a clear form of understanding between you, the contract handler and your manager and or publisher.
Recording contract
Advances
An advance is money given to the songwriter by the label for them to use to produce an album, which has to be paid back in full from the sales made by the album before any money can be made.
Royalties
Songwriters are paid royalties based on the sales of the album. In a basic record deal the songwriter will earn between 14 and 18 percent of the record labels price. Before the songwriter sees any of the money, the costs of advances, and up to 50% of video costs need to be paid back in full.
Territory
Most major record labels will sign you worldwide although if they are an independent, they will use associate companies in territories that they have no presence in.
Term
Term relates to the length of the contract. It is usually a fixed initial time of 12 months for you to make your first album followed by further extensions, also usually 12 months, allowing the record label to extend the contract if they wish. There is always a minimum commitment within each time period which will require a certain number of tracks from you at a good standard.
Publishing contract
Advances
Advances in publishing contracts are usually based on the “mini-max” formula where the advance payable is calculated as a percentage, usually between 66% and 75%, these royalties generated over the year contract.
Royalties
This clause deals with the royalties that will be paid by the publisher to the songwriter. The royalties are broken down into categories of income, the most important of which are set out below. Usually the rate is around 75%/25%.
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Mechanical Royalties- These royalties allow the record company to reproduce your songs.
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Covers- These are the royalties paid from covers of your work.
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Synchronisation Fees-These are the royalties from your work being used in media such as TV, Movies, advertisement etc.
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Performance Income-This is the royalties that are given each time your music is performed in public.
Territory
The territories and period in which the publisher can control and exploit the songs delivered in the agreement. 10-15 years is fairly standard for successful writers. Once the time is over the rights are returned to the songwriter who can now exploit the songs.
Term
Publishing contracts usually have an initial period followed by optional periods. Each period is dependent on the delivery of minimum commitment of composition by the songwriter. Although the length of each period is dependent on the delivery of the minimum commitment there Is a longstop cut-off, often 2 or 3 years to prevent a contract period being endless.
Contracts keep both artists and publishers knowing exactly what they need to do to meet the agreed terms. It is a legal document which also means that smaller artists can't be cheated by big publishing companies who may want to exploit the songwriter/performer. Overall contracts keep everyone satisfied with the role they have to play in the music industry.
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Describe the following clauses in an artist management contact;
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Term
This could be a fixed term, it could be open-ended, however more often than not the deal will be between 3-5 years with options. These options will depend upon certain goals being met: getting a record deal, publishing deal etc. You may also come across a contract linked to an album cycle i.e., instead of having a term fixed by years it will be fixed by a number of albums. The Management Agreement should ideally run for no longer than three years. There should be various ways the Artist can end the agreement if the Manager does not accomplish various goals.
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Exclusivity
The manager will expect to be your exclusive manager (in the territory and for the activities you have agreed at least), practically there is no other alternative to this.
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Commission
The manager will be paid a commission between 10%-25%, however, 20% is usually the favoured commission. This 20% will be taken from your gross income (your earnings minus certain detailed expenses). For example, if you receive an advance of £100,000 to record an album and £20,000 of this is budgeted for the album costs then the manager would not take a commission on this. The manager would only get a commission on the remaining £80,000. In most contracts, there will be a separate calculation for commission earned from live work.
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Territory
What Countries can the manager represent you in. The manager Might have experience in the UK but that doesnt mean he has experience in the US or other countries. You can either limit the manager to certain countries or let him select a co-manager for other countries, However, if this does happen it is important to guarantee that the co-manager’s commission is taken from the manager otherwise you risk paying twice. The manager will want to manage you across the world.
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Post-Term Commission (this is sometimes referred to as a ‘Sunset Clause’).
A sunset commission means that for the first 5 years after termination the manager will receive 20% commission on all contracts signed during the term, for the next five years 15%, for the next five years 10% and for the next five years 5% after which he will gain nothing.
Describe the following clauses in a Live Performance contract
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Date,
The date will be the day and time you will do your live performance. This is important as it assures your spot. This should be discussed with the venue owners to come to an agreement on a final date and time.
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Venue,
The venue is the location in which the show will take place. This needs to be discussed and agreed upon so that you can assure you will have somewhere to play and also allow the selling of tickets.
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Duration,
The discussion of the duration of the performance is the minimum time in which the performer has to perform. The performer doesn’t necessarily have to make sure not to go over this time unless they are followed by another act. The minimum length is required so that the venue owner knows that they are getting what they are paying and the customers buying tickets are also getting the performance that they paid for. For.
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Fee,
An artist will usually be paid by way of a flat fee, a percentage of the admission fee, or a combination of the two. A deposit is commonly paid upon signature of the agreement, with the balance owed by the end of the performance.
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Cancellation,
Should the venue owner wish to cancel the booking, the artist should be given as much notice as possible, and should also have the right to retain any deposit paid. There may also be provision for the rest of the fee to be paid in certain circumstances as an acknowledgement of the loss the artist has suffered due to the cancellation of the performance. In turn, the artist should also agree to give a specified amount of notice, and to refund the deposit, should they need to cancel the performance for any reason.
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Liability
Personal liability insurance and property insurance are usually the responsibility of the Buyer. Although not often in the contract, the performer should insure their own equipment.
Artifact three- Collection societies
—Collection societies handle the collection of royalties and the distribution. It is important to understand how their companies work and what each branch does as to avoid as much confusion as you can when using their services.
Explain the role and function of the PRS. This should include the following
• how rights are assigned
As soon as the music is recorded the copyright happens automatically and the songwriter has ownership of the copyright. So, rights are automatically assigned to the songwriter. However, when the songwriter is signed with a publisher the rights are distributed between the two. The contract written when being signed states exactly how much of the song is owned. Usually a standard %70-%30 contract.
• how royalties are collected
Royalties are collected by PRS and then further distributed to the publisher who would then give the appropriate amount to the songwriter. Royalties can be collected on any usage of the recorded song through things like radio.
• how the members will receive payment
The members of a PRS contract are the publishers and the songwriter. The publisher receives the royalties collected by PRS and then they will deduct their percentage and hand the rest of the money to the songwriter. Payments are received four times a year with PRS.
Explain the role and function of the MCPS. This should include the following
• how rights are assigned
Rights are assigned the same way with MCPS with the songwriter having full copyright ownership unless the publishers are involved.
• how royalties are collected
Royalties are collected by MCPS for anything that is along the lined of CD’s, Records, Cassetts etc. Royalties would be collected with the creation of every hard copy.
• how the members will receive payment
Payments through MCPS are paid directly to the publisher who collects their share of the royalties and hand the rest to the songwriter. Payments are received four times a year from MCPS.
Explain the role and function of the PPL. This should include the following
• how rights are assigned
With PPL rights are assigned to the performers and shared with the record company. The performers would discuss with the record company how rights will be distributed between them.
• how royalties are collected
Royalties are collected on any performances of song in public venues. Royalties would be collected by taking a percentage of the ticket fee and this is paid to PPL .
• how the members will receive payment
The members of PPL are the record company and performers. Payments are paid from PPL to the record company. The record company will take their percentage and hand the rest to the performers. Payments are received from PPL four times a year.
Music Theory
Artifact one- Scales
—Scales can be used in many ways. Once you understand how to find the key of a song you can use these scales to help form a melody, help create a riff and aid in creating a bass line. It can also aid in learning sight reading on piano and enhancing skills.
Artifact two- Live performance scores
—The live performance score sheets tie in with the scales in that once you understand the theory behind a song you can learn almost any piece. These are the two score sheets I used to learn Vocals and Bass for the song creep.
Vocals- file:///home/chronos/u-86785ff0e632dee3bbb9da6f813f94581800f433/MyFiles/Downloads/Radiohead%20-%20Creep%20Voc%20Melody.pdf
Bass- file:///home/chronos/u-86785ff0e632dee3bbb9da6f813f94581800f433/MyFiles/Downloads/Radiohead%20-%20Creep%20Bass.pdf
First instrument study
Artifact one- Assessment videos
—For my first instrument study I had to learn and perform two pieces off of a set list and perform them with a backing
Dog days- https://soundcloud.com/naomi-leckenby-975157313/dogdays/s-MmlR4afeQGS
Gold lion- https://soundcloud.com/naomi-leckenby-975157313/gold-lion/s-4Xo6CZvZCcE
Artifact two- Scales and Exercises
—I was taught these scales to practice my technique on controlling my breath and note accuracy.
Major scale- https://youtu.be/KAo6IX_u3p0
Vocal Twang- https://youtu.be/E8K01XmS8sU
Harmonic Minor- https://youtu.be/EJ2YYtfvlh4
Minor Scale- https://youtu.be/RyNA6FMf5Ao
Major 7th- https://youtu.be/fK1w7bDSBgM
Live Performance
Artifact one- Live gig footage
—This footage was taken during the live performance held at the college. It represents an accurate representation of my ability to learn a set in a short period of time and have it to a performable standard.
Artifact two- Stage plan
—Creating a stage plan was essential to learn as it heled me better understand everything that goes into a live performance. It also helped ease my nerves with what to do on the day of the performance.
