The following will try to shed some light on the topic of entertainment law as it relates to music. A brief summary has been provided as well as links to the podcasts reviewed…ENJOY :)
Name of Podcast: The Music Law Podcast
Author: Mark Quail
URL’s of Podcast series:
Management Contracts, https://itun.es/i66X5xH - iTunes
Music Publishing part 1, https://itun.es/i66f6Lr - iTunes
Music Publishing part 2, https://itun.es/i66X6fR - iTunes
Duration: 53 minutes of a 3-podcast series covering
contracts and music publishing law.
Summary of podcast series:
Management contracts discussed in the first part of the
podcast include items related to the contract that an artist may have with a
“personal manager”. Exclusivity requires
it from the artist to manager but not from the manager to the artist. Term relates to the initial time and
subsequent options that may follow.
Professional counsel is to be offered from manager to artist with
certain inclusions and exclusions. The
commission to the manager is based on gross income. However, money that may not be included in
the gross income may be income that simply flows through and could be part of
the production or tour support given by the record company to the artist.
Publishing law items discussed in the second part of the
podcast series include law terms pertaining to the material to be exploited financially
on behalf of the songwriter. A bit of
copyright law is explained along with the concept behind the rights that a
songwriter has with his or her original material. An overview of the difference between the
recording and composition is given.
More publishing law discussed in the third part of the
podcast include the digital formats and distribution rights as opposed to the
publishing rights traditionally issued to a songwriter. In a digital age, a clear difference exists
where an artist/songwriter may be able to keep more rights than before with a
publishing deal. With the services that
the Internet and Digital age have brought, publishing law remains the
same. However, a shift in proportion of
rights and therefore income exists.
Name of Podcast: Marketing Musician
Author: David Jackson
URL’s of Podcast series:
You Are Still Nothing Without a Record Deal, https//itun.es/i66f5bs #iTunes
Duration: 37 minutes of a podcast covering the legal pros
and cons of a major record deal.
Summary of podcast series:
This podcast discussed the legal aspects that indebted a
band into financial failure. From the
advances to the loss of privileges made the band interviewed start all over
again. Their struggles at an artistic
level started all over again once they re-entered the game with the dreamt of
record deal. Some of the legal aspects
were: not being able to play covers, not being able to control their own income
from gigs, loss of financial revenue, etc.
In a nutshell, the expression “record deal” sounds great to a lot of
bands, but all it really is, as the podcast explained, is a record contract. Great and informative story full of legal
implications that drove a band into failure.
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