Title page
Contents
About the author 9
Acknowledgments 15
Introduction 17
Streaming to the rescue 20
Live 25
Necessity is the mother of invention 27
Fandom 28
Other developments 31
How to make a living from music 34
Essential definitions 36
1. Where the money comes from 39
2. Building a team 42
Authors 43
Performers 44
3. A short history of the music industry 47
Timeline of major milestones in the music industry 48
4. Copyright and related rights 55
Rights for authors 60
Rights for performers 60
Rights for phonogram producers 62
Rights for music publishers 62
Licensing and assignment 62
Exclusive rights and rights of remuneration 63
Making available 64
Limitations, exceptions and the three-step test 68
Fair use and fair dealing 69
Moral rights 70
National treatment, term of protection and the public domain 71
Copyright registration 72
Trademarks 73
Two copyright laws that support authors and performers 73
Creative Commons 75
Creative Heritage Project 75
5. Piracy and how to stop it 76
Digital rights management and technical protection measures 79
Legislation 82
Attractive legal services 83
Education 84
Copyright enforcement 85
Website blocking 89
Advertising 90
Search 90
6. The value gap and safe harbor 92
7. Collective management and collective management organizations 95
The history of collective management and why it is necessary 95
The importance of correct registration of works, performances and recordings 98
Functions and governance of collective management organizations 99
Collective management databases and the concept of an international database 101
Collective management organizations for authors 103
Authors' public performance collective management organizations 103
Authors' mechanical income and mechanical copyright collective management organizations 107
Related rights public performance in sound recordings collective management organizations 109
Featured and non-featured performers 114
Identifiers 115
Private copying levies 117
8. Artist development and artist management 121
Choosing a name 121
Artist management 122
Artists seeking management 122
Managers seeking artists 124
Short-term letter of agreement 125
Long-form artist management agreements 125
The importance of independent legal advice 127
Verbal agreements 128
Legal limitations and implied terms for verbal contracts 129
Alternative agreements 129
Production and publishing agreements as alternatives to management agreements 129
9. Band agreements 132
Legal status 132
Issues covered by band agreements 133
Dispute resolution 134
10. Becoming an independent phonogram producer and engaging a distributor 136
Digital distributors 139
11. Artist and label financing: crowdfunding 142
Patreon, fan clubs and mentoring financing 146
Non-fungible tokens, cryptocurrencies and the blockchain 148
12. Signing to a phonogram producer 150
Advances and recoupment 155
360-degree agreements 155
Website and fan database ownership 156
13. Studio producer agreements: recording, sampling and mastering 157
14. Music publishing 160
15. Streaming licensing and royalties 165
Recordings 166
Works 167
User-centric revenue sharing 168
Streaming manipulation 169
16. Music in film, television, advertising and video games 171
Music in films 173
Music in television 176
Music in advertising 177
Music in video games 178
Commissioned music 179
Library or production music 179
17. Sponsorship and branding 184
18. Live work and touring 189
Getting started as a live artist 191
Sound and lighting 191
How to get live work 192
Sonicbids 193
Street performances and busking 195
The next stage 197
Booking agents 197
Tour managers and tour accounting 199
Building a touring team 200
Visas and work permits 201
Freight agents, shipping and carnets 202
Travel and hotel arrangements 203
Insurance 204
Equipment insurance 205
Travel insurance 205
Employer's liability or worker's compensation insurance 205
Public liability or general liability insurance 205
Cancellation insurance 206
Security 209
Per diems 210
Festivals and conferences 211
Ticketing 213
Secondary ticketing 215
Touring and the environment 217
Holograms and virtual reality 218
Live streaming 218
19. Merchandising 221
20. Building a fan base: digital marketing and social media 226
Digital infrastructure 226
Artist names and search engine optimization 227
Building a website 229
Creating a store and selling direct from the artist website 234
Mailing lists 236
Social media 238
Facebook 240
X (Twitter) 254
YouTube 259
Instagram 266
Snapchat 271
TikTok 272
Music streaming services and algorithms 273
Playlists 274
LinkedIn 277
21. Music cities, education, therapy and tourism 278
Music towns and cities 278
Night mayors 280
Music tourism 281
Music education and music therapy 281
The United Nations Sustainable Development Goals 282
UNESCO Cities of Music 283
22. Artificial intelligence 284
Generative AI and AI tools 284
Case study 1: Lil Nas X and "Old Town Road" 288
Case study 2: The Sabir-Tooth Tigers 292
Glossary 299
Annex A. Example of short-term management letter of engagement 336
Example of an expenses schedule 337
Annex B. Example of a long-form management agreement 339
The contract 339
The schedule 342
Further reading 352
Books 352
Information and networking 354
Conferences 355
Figure 1. The 21st century fall and rise of the recorded music industry 22
Figure 2. Defining rights for authors and performers 37
Figure 3. Rail track mnemonic for author/performer rights 38
Figure 4. Author's team 43
Figure 5. Featured performer team 45
Figure 6. Piracy levels across the world, 2022 82
Figure 7. Roadmap for collective management 102
Figure 8. Kickstarter and the David Bowie statue crowdfunding project 145
Figure 9. Sharing the digital dollar 167
Figure 10. Example of simple printed tour envelope 199
Figure 11. Artist website as a hub for all activities 232
Figure 12. Social media links from artist website 239
Figure 13. Most popular social networks worldwide as of October 2021, ranked by number of active users (in millionsl) 241
Figure 14. Facebook users by country, 2021, in millions 242
Figure 15. Distribution of Facebook users worldwide as of October 2021, by age and gender 243
Figure 16. Marillion's Steve Hogarth on the Marillion Facebook page 245
Author David Stopps 9
Busking in the 21st century 195
With a table, chair, computer and broadband connection anyone can be in business worldwide 227
Lil Nas X and Billy Ray Cyrus at the 2019 CMA Awards 288