...including the right to copy, distribute and adapt the work, except that it does not protect ideas, only their expression or fixation. Copyright laws are partially standardized through international and regional agreements such as the Bern Convention, the World Intellectual Property Organization, and the European copyright directives such as the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. Although there are consistencies among nations' copyright laws the latter one emphasizes the recognitions of moral rights of creators, such as the right to be credited for the work. In 1902 a law in Germany adapted which said that the approval of each author is required for every public performance of the musical work. The Society for Musical Performing and Mechanical Reproduction Rights (GEMA) was established as a collecting society representing the rights of the copyright of those composers, lyricists and publishers of musical works that are organized as a member in it. The task given to the Gema contains protection of intellectual property rights of music creators and the representation of their interests to get properly remunerated for the use of Truckenbrod, Baetcher 2 their works. The Scope of their jurisdiction pertains to the German Copyright which will be covered below. The German Copyright (Urheberrecht) is the area of law pertaining to the protection of authors of creative work in the fields of literature, science, and art...
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...TOPIC: NEGOTIATING AND DRAFTING ENTERTAINMENT CONTRACTS AND THE EFFECTS OF PIRACY OCCASION: 26th Workshop, organised by LawQuest Ltd. PRESENTER: Francis Oseloka Nzekwu Esq. (Head of Legal Unit, National Film and Video Censors Board) VENUE: Alhaji Shehu Musa Yar’ Adua Center, Abuja, Nigeria DATE: 19th – 20th September, 2007 INTRODUCTION Entertainment law is primarily made up of contract law and intellectual property law, the industry covers mostly fields that offer entertainment as a primary product. Fields such as film, music, fine arts, dance, literary publishing, Broadcasting, sports etc. They all share a common interest of profiting from creative works or services provided by artists. Much of work of entertainment law practice is transaction based. Litigations often occur as a result of common and recurring mistakes that are made during negotiations and drafting. In the entertainment industry hundreds of legal relationships are created every day and having a sound knowledge of common issues in the industry is critical in negotiating a deal and drafting a good contract. CONTRACTS IN THE ENTERTAINMENT INDUSTRY Personal Service Agreement (PSA) Promoting a product or a service involves investing a lot of time and money, with the expectation of return on investment. The possibility that the product or service will not achieve the expected success or any success at all introduces a risk factor. A great majority of artists do not have the...
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...Music Producer Becoming a music producer can mean discovering and helping make the careers of artists. However, it takes time, talent, training and contacts. That's because a music producer has plenty of responsibilities during an album's production, both on the creative and the business sides. The producer supervises all aspects of the recording process, from helping to select songs to contracting with session players, selecting the studio and engineers, booking studio time and overseeing the recording budget. All these responsibilities require musical skill and performance experience, combined with a thorough knowledge of musical genres, music and sound production in a recording studio. Some music producers work for record labels producing for recording artists under contract, while others produce sound recordings for movies, television shows, music videos, commercials or video games. And while many are full-time employees, others are self-employed. That type of music career means you also need to be adept at running your own business. The first task of a record producer is to collaborate with an artist to select songs for the album, whether written by the artist or by another songwriter. The producer may participate in the rehearsal process and may hire an arranger to add parts to some songs, or begin making beats and picking possible samples. The Producer selects a studio, sets a recording time, chooses an engineer, and enlists the services of session...
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...Music production is such an interesting field in which to start a career. There are many different kinds of jobs to choose from. A record producer works within the music industry and oversees the recordings of an artist's music. A producer has many other roles as well like gathering ideas for the project, choosing songs and artists to include in it, and controlling and supervising the process through audio mixing and mastering. Many producers also take on responsibility for the budget, schedules, contracts, and negotiations. There are two kinds of producers, each with different roles: executive producer and music producer. Executive producers oversee the budget and spending while music producers oversee the creation of the music itself. In lots of cases the music producer is also the musician or songwriter. Not only does a producer look over songwriting and necessary adjustments, but often gives suggestions to the mixing engineer too. The mixing engineer takes the recorded music and edits it with hardware to create a stereo type of mix. The mix includes all the individual voices and instruments then given further editing by a mastering engineer. The new generation of independent producers began forming their own record production companies, and in many cases they also established their own recording labels, signing deals that enabled the recordings they produced to be manufactured and distributed by a major record company. This usually took the form of a lease deal, in which...
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...VIDEO PRODUCTION CONTRACT Jacky Amar 12220 N.W. 29 Street, Sunrise, Fl 33323 Cell: 786-426 6723 http://jackyamarmusic.wix.com/javideoprods Email: jackyamarmusic@gmail.com 1. The Purpose of this document is to establish a contract between (Jacky Amar), hereinafter referred to as PRODUCER, and Samantha Obryan & Barry Robinson Jr , hereinafter referred to as CLIENT for the production of a wedding video and photos. 2. PRODUCER offers to produce the PROJECT for CLIENT in exchange for valuable consideration as specified in Paragraph 9 below. 3. DESCRIPTION OF THE PROJECT: The PROJECT is to be a (length of time : 6 hours to be at wedding and film ), Description Wedding video) plus 1 DVD of edited Photos, Samantha Obryan & Barry Robinson Jr: 12 December,2015. From 3 pm to 10:30 pm. I will stay longer if necessary. The purpose of the PROJECT is (Personal). 4. CLIENT shall approve the written production budget submitted in advance by the PRODUCER. PRODUCER warrants that the production shall cost no more than the grand total listed on said budget without prior written consent of the CLIENT. CLIENT reserves the right to increase, not decrease said budget at any time after budget approval. 5. PRODUCER shall submit production schedule to the CLIENT for approval. Once said production schedule is approved in writing, any deviation or delay therefrom caused by the CLIENT shall be considered unreasonable and any costs for said delay shall be charged to the production...
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...to the ownership of those resources. With the rise of e-commerce and the increase of music sales or downloads online, the law of property can be applied. Music producers consider their music their property and protect them from public use and public download. The law of property “establishes private exclusive rights in resources. It is through the law of property that individuals and business organizations can possess, use, and transfer their private resources” (Reed et al, 2005). “Intellectual property laws arose out of the common law, but they also reflect constitutional and statutory adoption. Article I, Section 8, of the Constitution grants the power to Congress “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”” (Reed et al, 2005). Legal regulation as a source of value for business ethics When downloading music online, there is a thin line between what is ethical and what is legal. Transferring of music downloaded from a website, even if paid for, can be unethical. At the same time, it can be considered illegal practice. For example, if I download a song from the internet and pay five dollars for that download. Is it ethical for me to make a copy of that song for my best friend? Some might consider it unethical since that friend did not pay for the music. If I consider it ethical, can I also make 50 copies for all my friends and family members...
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...becoming famous. An artist looks for the help of music labels and music studios to convey their messages and uniqueness into a format that can entertain masses of people. The important thing an artist has to offer is their intellectual property. So a music studios major function is to protect it as much as possible. An artist is purchasing a service that is going to help promote their image. A studio is making a final product for them to show the world. In reality a music studio is in the business to protect the intellectual property of these individuals. This paper will discuss a business opportunity and its obligations to protect itself as well as the people who purchase services from the business. Secondly, discuss the legal procedures to protect the business. Thirdly, depict some examples as to how those measures may not be sufficient enough to protect the intellectual property of individuals. A group of investors is interested in starting a music recording studio. This particular business will specialize in helping artists who struggle with getting their music recorded. The intellectual property associated with this start up is the works recorded within the studio walls. Every song has three copyrights that protect it from it being the property of another company. The first copyright pertains to the lyrics of the song. All parties that helped in writing the song need acknowledgement. The second copyright goes to the music used for the song. All samples need to be stated...
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...Record Labels of the 1950’s and 1960’s History of Music Production Eric Eller Throughout the 1950’s and 1960’s, a wave of new musical movements by independent record labels and new artists emerged in the United States. This movement is captured in the stories of those label creators and owners, and in the turbulent journey through their successes and failures. The first emergence was fueled by multiple factors: competitive economic circumstances, up-and-coming local musical talent in conjunction with the independent labels and studio owners, and the commercially viable musical interest and curiosity of consumers in these local artists. An article poses another causative factor that makes sense: when rock and roll was a new genre, major labels such as Columbia, Capitol, and RCA were “reluctant to sign these acts; thus, sprung forth the independent label” (Jacobs). Grassroots production and engineering enthusiasts were given an in-road into the music industry and were able to gain their own clients in independent local artists. Independent label owners in connection with this local talent generate publicity and profit. One such example is found with the duo of Polish immigrant brothers named Leonard and Phil Chess, also known as the Blues Brothers. The Chess brothers bought sole ownership of Aristocrat Records in 1950, and change its name to Chess Records. Leonard specialized as the hands-on producer for the label, while Phil focused on finances and marketing...
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...Case Brief Law and Legal Howard v. Sony BMG Music Ent., 2008 U.S. Dist. LEXIS 40909 Decisions by United States District Court Of Texas, Houston Division I. FACTS: Solo musician and producer Joseph Howard, the plaintiff, is suing Sony BMG Music Ent. for failure to incorporate one of his musical compositions, R.I.P. Screw, into a song recorded by defendant Eric Weston (Suckafree Records). The plaintiff claimed that he was repeatedly promised to be paid for his part in the production of the successful album “undaground legend”. The defendant, Sony BMG Music Ent. claims that they were not a party to the mechanically license agreement or the producer agreement between Howard and Suckafree records. Howard, the plaintiff, e-mailed Sony numerous times to be paid, but was unsuccessful and there for filed for action against the company. Suckafree records, who represent and signed Howard, claim they had an agreement both oral and written expressed and implied with Sony that obligated Sony to pay the plaintiff Howard royalties. As a result the Suckafree defendants have asserted claims of breach of contract, fraud, and negligent misrepresentation against Sony. A representative of Sony, Bauman, told PLaindtiff Howard that the royalties are being held pending because the mechanical splits provided by the publishers exceed 100. Howard was told to communicate with the other publishers to resolve the split dispute. Howard failed to do so. II. ISSUES: Does the defendant...
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...1 PROBLEM STATEMENT After failing at their first attempt to enter the music industry, Polyphonic HMI (hereinafter referred to as the “Company”), is releasing Hit Song Science (HSS), software used to predict future hit songs with 80% accuracy. An integrated marketing strategy, needs to be developed to launch an innovative product, in an industry typically known for “gut instinct” and therefore likely to meet strong customer resistance. Thus there are two key challenges to address: what is the target market and desired positioning of HSS and what is the plan for marketing this product to achieve that positioning, given a tight “shoestring” budget. 2 SITUATION ANALYSIS Polyphonic HMI wants to launch, what they consider, a sophisticated, new, revolutionary software product in the music industry, with stringent budget and time constraints and therefore must swiftly define a target market and marketing plan. This begins by utilizing a framework for performing a situation analysis of the internal, the micro and macro environmental situation, composed of the typical five Cs: customers, Company, collaborators, competition, context. There are three potential target customer segments that have several unique aspects. Firstly, the record labels, that employ artist-and-repertoire (A&R) people, that amongst other activities, decides whether to market a new album and if needed select one or more songs from it to be released as singles. This is by far the smallest segment with just over...
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...2017 COPYRIGHT LAW REGARDING MUSIC SAMPLING. To: Producers and artists of Tone Def Records. From: Austin Nagel Date: 15 October 2017 Introduction Music sampling has been an integral part of the music industry since time immemorial. In the past, music sampling was freely allowed, but when songs containing sampled music turned out to be very popular, owners of the sampled music saw the need to copyright their music. With this, anyone who wanted to test any genre of music for commercial purposes has to seek permission from the copyright owner. Sampling music without the knowledge and go ahead of the owner of the copyright is an infringement of the copyright, the sound recording copyright, and...
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...title: “Sweeter” Artist: Gavin DeGraw Composer and lyricists: Gavin DeGraw, Ryan Tedder, and Andrew Frampton Collaborating musicians: Art designer: Unknown Producer(s): Ron Aniello, Jerrod Bettis, Ryan Tedder, Andrew Frampton, Eric Rosse, Butch Walker, and Noel Zancanella. Audio mixer: Serban Ghenea Photographer: Patrick Frasier Studio(s): 2011; The Blackbird Studio in Nashville and the Hensen Recording Studios in Hollywood Released -> September 20, 2011 Record Label -> RCA records (http://www.rcarecords.com/artists) Retail price: CD €12,99 ITunes: €9,99 [Genre] The genre(s) of this album are Blue-eyed soul, pop rock, and rock. Blue-eyed soul -> R&B / Soul performed by white artists, this music has a really nice vibe. Pop rock -> Mix of a catchy pop style and guitar-based rock. [Target group] In my opinion, there is not one specific target group for this album, just like the other three albums of DeGraw. He has a voice that is attractive for a lot of people. Teenage girls and boys, 20-30 year olds, and even 50 year olds like his voice and music. His album is a mix of blue-eyed soul and pop rock, I think that that’s also a reason why it is attractive to more than one target group. His tour concert in Amsterdam was totally sold out, so that means that a lot of people are interested and a fan of his music. [Period] The album is released on September 20, 2011. In my opinion, the album is timeless, but that is because I really like his sound, but someone who...
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...17, 2010 JOHN DEIGHTON LEORA KORNFELD Ne ettwerk Digita Mark k: al keting in the M Music Indust try Fo fifty years the goal of a or aspiring musi icians was to be signed to a major record label. Su o upport from one of the la arge music lab bels had been essential to the success of an artist. By 2009, how n o wever, major label profits and power were declin r s r ning. Had the point been reached wh n here a band could prosp without th support of a major label per he l? Ne ettwerk was an independ dent music la abel, publish and mana her agement firm In July 2009 its m. found Terry Mc der, cBride, joined forces with Brian Messag a partner in the comp d ge, pany that man naged Radio ohead, to offe the indust a new ide Under th name Poly er try ea. he yphonic they would inves $20 st millio of seed cap on pital to put ba ands in charge of their own careers. “It’ pretty much a venture capital n ’s h firm f bands,” on of the partn for ne ners told Billb board magazi 1. ine Al lternate structures for fina ancing and p promoting rec corded music such as art c, tist-run labels had s, been tried before without much success. Wh gave thes investors h w h hat se hope in 2009 w the belie that was ef digitiz zed music an the Intern would com nd net mbine to cre eate new, low cost ways t promote m w to music. McBri and his partners were ready to put what they had learned ab ide p t bout digital m music marketi to ing work in a vehicle that could attr t ract investors s. Ini itial response...
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...Ija Quick-Artiste ENC 1101 Instructor Ms. Sullivan 09/17/2013 Useful Writing Skills In The Music Industry Writing in the constant evolving music industry has an attribute about it that will never cease to exist. Whether you’re a producer, engineer, manager, singer, rapper, or songwriter. Writing skills are absolutely crucial in your career. I personally am a singer and songwriter with experience of about 8 years in writing my own music. As a singer it’s not necessarily a make or break skill but it definitely now a days a plus in the market. I do not have any experience in the contract writing field but songwriting skills are always useful. I have the skills to write or co-write for other artist and create a better name for myself with my writing abilities. With my experience I will go on to learn the ins and outs of copywriting infringement to protect my craft. Hull, G. P., Hutchison, T. W., & Strasser, R. (2011) stated that “The music business in general, particularly the recording industry runs on its copyrights” (p.51) so I am positive that those skills will be more than useful. Learning the technicalities of contracts will be put to use in my career or in use of someone else’s if I choose to manage talent. I will also apply my writing skills to social media, though social media is not absolutely grammar specific. Venti (2010) specified, “How you interact on these forums will determine how your fans view you”. Which is a very true statement, staying...
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...Fatima Pootrakul – Theatre Management 1- How will you go about obtaining property? What will you need to obtain this property? We would need to acquire the rights to produce the play “Ghetto Klown”. Team awesome would contact John Leguizamo himself and his attorneys. This would be easy to obtain since our good friend Luis Guzman worked closely with John in the past and has kept in contact with him since. We would need small rights since it is a non-dramatic play. If “Ghetto Klown” has musical intros or segways then we would have to obtain a license from either ASCAP, BMI or SESAC. At the end of the day, we will obtain grand rights to avoid any law suits or injunctions with copyright infringement. Even though we will have the assurance from Mr. Leguizamo himself in that he controls the rights we need to produce the play, Team Awesome trusts no one and can easily fall into a false sense of security. Better safe than sorry! 2- Will you need actors? Dancers? Or both? If so what performers-related unions will you have to deal with? Provide some examples of rules and regulations the union dictates. Since we are using the one-man show “Ghetto Klown” all we would need is one actor. The Actors' Equity Association (AEA) is an American labor union representing the world of live theatrical performance, as opposed to film and television performance. However, performers appearing on live stage productions without a book or through-storyline (vaudeville, cabarets, circuses) may be...
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