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Music Publishing -- The Complete Guide

By Steve Winogradsky

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Composed by Steve Winogradsky. Book; Reference Textbooks; Textbook - General. 408 pages. Published by Alfred Music (AP.41088).

Item Number: AP.41088
ISBN 0739096877.

Written by an attorney with over 30 years of experience in the music industry, Music Publishing: The Complete Guide is the definitive manual on music copyright. Whereas many books on the subject are aimed at artists and songwriters, this book will serve as a thorough guide for industry pros, lawyers, and music business and law students.

Subjects covered include copyright; performing rights organizations; mechanical, synchronization, and print licensing; songwriter and composer agreements; publishing administration and foreign sub-publishing; production music libraries; pitching and placement companies; sampling; and much more. The discussion also delves into historical perspective and current trends and revenue opportunities in the evolving digital marketplace. Easy-to-read narratives explain the key points for all of these types of deals.

There are many sample agreements included in the book, all annotated in simple terms that explain the often complex contract language. There are also links to copyright and publishing resources, listings of foreign performance and mechanical societies, and anecdotes and case studies from real world incidents. If you're looking for a thorough grounding and go-to reference book on music copyright, not just a quick crash course, your search is over.

"Steve's Music Publishing text is fantastic. It is personal, practical, and even includes excellent real world case studies. Furthermore, the helpful agreement annotations and comments are a most excellent resource for breaking down agreement language and terms for the reader. His knowledge, experience, and sense of humor make this the best music publishing text I've read. I will be using Steve's book as the official text for our Music Publishing course at The University of Colorado Denver's Music Industry Program. All those interested in learning more about music publishing or having a sharp reference text should get this book!"---Benom Plumb, Assist.

  • Introduction 
  • Chapter 1: Copyright Basics 
  • The History of Copyright 
  • Copyright in the United States 
  • The Copyright Act 
  • Term of Copyright 
  • Termination and Recapturing of Copyright 
  • Copyright Infringement 
  • Damages for Infringement 
  • Exceptions to the Exclusive Rights of Copyright Owners 
  • Benefits of Registration 
  • Basic Registration Process 
  • Chapter 2: Public Performing Rights Organizations: Inside the PROs--What They Do and How They Do It 
  • Copyright Law Basics for Public Performance 
  • Historical Perspective 
  • How to Join a PRO 
  • Case Study #1 
  • Registering Songs 
  • Monitoring the Uses of Music 
  • Case Study #2 
  • Case Study #3 
  • Blanket vs. Per Program Licenses 
  • Source Licensing or Direct Licensing 
  • Non-Broadcast Uses 
  • Electronic Detection Methods 
  • Performing Rights and the Internet 
  • Foreign Performance Royalties 
  • Chapter 3: Mechanical Licensing for Audio-Only Product 
  • A Brief History of Phonorecords 
  • The Compulsory License 
  • Negotiated Licenses 
  • Digital Phonorecord Delivery (DPDs) 
  • The Controlled Composition Clause 
  • The Harry Fox Agency 
  • How HFA Works 
  • Other Services and Licenses 
  • Controlled Composition Clause 
  • The Harry Fox Agency License 
  • Mechanical License (I) 
  • Mechanical License (II) Royalties Reduced Due to Controlled Compositions Clause 
  • Chapter 4: Synchronization Licensing for Audio-Visual Productions 
  • Copyright Law Basics for Sync Licensing 
  • Identifying the Owners 
  • Issues with Multiple Publishers 
  • Using Most Favored Nations Clauses 
  • Key License Terms 
  • Additional Information for a Publisher to Consider 
  • The Quotation Process 
  • Motion Picture Licensing 
  • Licensing for Television 
  • Licensing Terms for Television Programs 
  • Licensing for Home Video 
  • Licensing for Commercials 
  • Writer Approvals for Commercials 
  • Collecting Public Performance Royalties 
  • Common Music Licensing Problems 
  • Case Study #4 
  • Case Study #5 
  • Music Cue Sheet 
  • Motion Picture Synchronization and Performing Rights License--Producer's Version 
  • Motion Picture Synchronization and Performing Rights License--Film Festivals (with Step Deals for Further Rights) Publisher's Version 
  • Television Synchronization and Performance License (with Options) 
  • Chapter 5: Print Licensing 
  • Sheet Music License (with Folio Rights) 
  • Text and Magazine Print License (One-Time Fee) 
  • Chapter 6: Songwriter Agreements 
  • Why Would a Songwriter Enter into These Agreements? 
  • Assignment of Rights 
  • Term of Services 
  • Exercising the Options 
  • Copyright Ownership 
  • Exclusivity of Services 
  • Minimum Delivery Commitment 
  • Extension of Contract Periods 
  • Royalties to the Writer 
  • Split Sheets 
  • Retention of Rights 
  • Reversion of Unexploited Compositions 
  • Warranty of Originality 
  • Indemnity 
  • Approvals Over Exploitation 
  • Ownership Splits--New Composition 
  • Songwriter's Contract--Individual Composition 
  • Publishing Agreement 
  • Assignment of Copyrights 
  • Letter of Direction 
  • Songwriter/Co-Publishing Agreement 
  • Letter of Direction to ASCAP 
  • Letter of Direction to BMI 
  • Work for Hire Clauses 
  • Delivery Commitment/Extension Clause 
  • Chapter 7: Publishing Administration 
  • Administration Agreements 
  • Foreign Sub-Publishing Agreements 
  • How Foreign Royalty Streams Are Paid and Distributed 
  • Music Created for Television and Film 
  • Black Box Income 
  • Publishing Administration Agreement 
  • Chapter 8: Composer Agreements 
  • Basic Terms 
  • Warranties and Indemnification 
  • Common Misconceptions in Composer Agreements 
  • Short Form Composer Agreement 
  • Composer Licensing Agreement 
  • Long Form Composer Loanout Agreement 
  • Chapter 9: Pitching and Placement Agreements 
  • What Does a Placement Company Do? 
  • The Placement Agreement 
  • Benefits to the Artist 
  • Potential Pitfalls for the Company 
  • Conclusion 
  • Exclusive Representation Agreement 
  • Chapter 10: Production Music Libraries 
  • Library Composer Agreements 
  • Re-titling Agreements 
  • Library Licensing Agreements 
  • Non-Exclusive Library Placement Agreement 
  • Representation and Administration Agreement 
  • Music Library Blanket License Agreement 
  • Chapter 11: Sampling 
  • Sampling Co-Administration Agreement 
  • Chapter 12: Digital Media--Part 1 
  • Digital Delivery: Streaming and Downloading 
  • A Brief History of Digital Delivery 
  • The Illegal Downloading of Music 
  • Legal Online Music Download Services 
  • Conflicts Within the Music Industry 
  • Artists vs. Record Companies 
  • Record Companies vs. Publishers 
  • Copyright Owners vs. Consumers 
  • Copyright Owners vs. Digital Services 
  • Other Sources of Digital Revenue 
  • Ringtones, Mastertones, and Ringbacks 
  • Apps 
  • Online Video Services 
  • Audio Greeting Cards 
  • Micro Licensing 
  • Digital Rights Agreements 
  • Chapter 13: Digital Media--Part 2 
  • Performing Rights License Rates 
  • SESAC 
  • BMI 
  • ASCAP 
  • Recent Negotiated Settlements and Digital Rates Under Section 115 
  • Calculating Rates under the 2008 Settlement 
  • The 2012 Settlement 
  • Are You In or Out? 
  • The Future of Digital Delivery 
  • Storage vs. Access 
  • Survival Strategies 
  • Royalty Rates for the Use of Musical Works in Services Providing Interactive Streaming and Limited Downloads 
  • Summary Sheet of 2012 Section 115 CRB Settlement 
  • Electronic Code of Federal Regulations 
  • Appendix A: Excerpts of the Copyright Act of 1976 
  • Appendix B: Internet Copyright and Publishing Resources 
  • Appendix C: List of Foreign Performing and Mechanical Rights Societies 
  • Glossary 
  • Index 
  • About the Author 
  • Songwriting and Band Politics 
  • Accountings 
  • Advances 
  • Foreign Sub-Publishing Fees 

Music Publishing -- The Complete Guide

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