| Introduction | xix |
| 1. | Music, Money, Songwriting, and Music Publishing | 1 |
| Music Publishers and What They Do | 2 |
| The Inner Workings of a Music Publisher | 6 |
| The Acquisition of Rights by a Publisher | 9 |
| The Songwriter-Music Publisher Relationship | 11 |
| Publishing Contracts | 11 |
| Important Provisions of Songwriter-Publisher Contracts | 13 |
| Sources of Income for the Music Publisher and Songwriter | 28 |
| Conclusion | 52 |
| 2. | Music, Money, Copublishing, and Administration | 53 |
| Standard Terms of a Copublishing Agreement | 55 |
| Administration Agreements | 62 |
| 3. | Music, Money, and the Recording Artist | 67 |
| Inside the Business | 69 |
| The Most Important Points in Every Recording Contract | 69 |
| The Term | 70 |
| Artist Royalty Clauses | 71 |
| Advances | 81 |
| Album Release Obligations | 83 |
| Record Company Expenses | 85 |
| The Artist's Obligations | 90 |
| Motion Picture, Television, and Commercial Uses | 101 |
| Shipping and Return Policies | 102 |
| Insurance Policies | 104 |
| Confidentiality Clauses | 104 |
| Artist-Production Company Agreements | 104 |
| Controlled-Composition Clauses | 106 |
| Copyrighted Arrangements of Compositions in the Public Domain | 115 |
| Internet | 116 |
| 4. | Music, Money, and Television | 118 |
| The Television Industry | 118 |
| Types of Television Music and How Music Is Used | 122 |
| The Television Music Budget | 122 |
| Television Underscore | 123 |
| The Television Underscore Contract | 124 |
| Television Synchronization Rights (Getting Songs into Series, Specials, and Made-for-TV Movies) | 134 |
| Life after a Song Gets into a Television Program (Where the Real Money Is Made) | 155 |
| 5. | Music, Money, and Motion Pictures | 167 |
| Overview | 167 |
| Types of Motion Picture Music and How Music Is Used | 170 |
| The Film Music Budget | 170 |
| Use of Pre-Existing Hit Songs in Films | 171 |
| The Song Written for a Motion Picture | 189 |
| Life after the Motion Picture Release (Where the Real Money Is Made) | 197 |
| The Motion Picture Background Music Score | 206 |
| Sources of Income: The Background Scorer | 217 |
| Conclusion | 222 |
| 6. | Music, Money, and Commercials | 223 |
| The Advertising Industry and How It Works | 224 |
| Jingles (Songs Written for Commercials) | 230 |
| Negotiating with an Advertising Agency for a Hit Song | 231 |
| Radio and Television Royalties for Advertising Music | 237 |
| 7. | Music, Money, and Performances | 238 |
| The Performing Right | 238 |
| The Organizations and How to Join | 240 |
| Types of License Agreements | 242 |
| Writer and Publisher Contracts and Termination Dates | 243 |
| Considerations in Making a Decision | 244 |
| ASCAP and BMI Income and Distributions | 244 |
| Components of ASCAP and BMI Income | 245 |
| Payment Dates and Methods of Payment | 248 |
| ASCAP and BMI Payment Philosophy and Rules | 250 |
| Payment Changes | 253 |
| Co-Written Compositions | 254 |
| Services Provided | 255 |
| ASCAP Payments and Payment Rules | 255 |
| The BMI Payment Schedule | 268 |
| SESAC | 282 |
| Chart Songs--What They Earn | 283 |
| Future Changes | 285 |
| 8. | Music, Money, and Broadway | 286 |
| An Overview of the Broadway Musical | 286 |
| Rights and Royalties of the Broadway Show Writer: The Dramatists Guild Contract | 289 |
| Weekly Costs of a Broadway Musical | 293 |
| Road Performances during or after the Broadway Run | 293 |
| Adjustments in a Writer's Royalties (Dramatists Guild Contracts) | 296 |
| Broadway Shows Produced under Non-Dramatists Guild Contracts | 297 |
| What the Producer Must Do to Ensure Rights to a Share of Subsidiary Income from the Broadway Show | 299 |
| Life after Broadway (Where the Real Money Is Made) | 302 |
| 9. | Music, Money, and Foreign Countries | 310 |
| Overview | 310 |
| The Role of the Subpublisher | 311 |
| The Subpublishing Agreement | 313 |
| Foreign Performing Rights Societies | 324 |
| Mechanical Royalties | 326 |
| Ringtones | 327 |
| 10. | Music, Money, and the Buying and Selling of Songs | 328 |
| Overview | 329 |
| The Prospectus: Its Form and Content | 333 |
| The Letter of Intent/Short-Form Commitment-to-Sell Agreement | 338 |
| Investigating the Assets Being Acquired | 341 |
| The Formal Purchase Agreement | 345 |
| The Aftermath of the Acquisition Agreement | 349 |
| Mergers | 350 |
| Securitization | 350 |
| Conclusion | 350 |
| 11. | Music, Money, and Copyright | 351 |
| Exclusive Rights of Copyright | 352 |
| Works Made for Hire | 353 |
| Compulsory Licenses | 353 |
| The Audio Home Recording Act of 1992 | 355 |
| Copyright Royalty Tribunal/CARP | 355 |
| Copyright Notice | 356 |
| Fees and Forms | 356 |
| Duration of Copyright | 356 |
| Revision of Copyright Renewal Procedures | 358 |
| Termination Rights | 359 |
| Sound Recordings | 362 |
| Infringement of Copyright | 362 |
| International Copyright Protection | 363 |
| Completing the PA Copyright Form | 364 |
| Digital Performance Right in Sound Recordings Act/Digital Millennium Copyright Act | 365 |
| Termination Rights Under the 1998 Term Extension Act | 366 |
| Conclusion | 366 |
| 12. | Music, Money, Lawyers, Managers, and Agents | 367 |
| Lawyers and Their Role | 367 |
| Managers and Their Role | 371 |
| Agents | 373 |
| 13. | Putting It All Together | 375 |
| Mechanical Royalties | 375 |
| Recording Artist Royalties | 377 |
| U.S. Performance Royalties | 377 |
| Commercial Use | 377 |
| Motion Picture Use | 379 |
| Television Series Use | 379 |
| Foreign Mechanicals and Performances | 380 |
| The Broadway Musical | 380 |
| The Motion Picture Background Score | 381 |
| Additional Income-Producing Areas | 381 |
| 14. | Breaking into the Business | 383 |
| Co-Writing Songs with Writers with Publishing Deals | 383 |
| Being in a Performing Group | 384 |
| Submitting CDs and Tapes to Music Publishers | 384 |
| Demo Recordings | 385 |
| Songwriter Conferences | 386 |
| Showcases | 386 |
| Attorneys | 386 |
| Record Producers | 387 |
| Managers | 388 |
| Agents | 388 |
| Music Videos | 388 |
| Cable Television | 389 |
| ASCAP and BMI | 389 |
| Paying to Get Your Songs Published | 389 |
| Finding the Right Publisher | 390 |
| Different Types of Publishers | 391 |
| Film and Television | 391 |
| Demo Reviews in Magazines | 393 |
| Music Web Sites | 393 |
| 15. | Music, Money, and Sampling | 394 |
| Overview | 394 |
| Format of the Sample Agreement | 398 |
| Recap | 400 |
| 16. | Music, Money, Co-Ventures, and Joint Ventures | 401 |
| Types of Joint Venture/Co-Venture Agreements | 402 |
| 17. | Music, Money, and the Internet | 408 |
| Main Issues | 408 |
| The Laws | 409 |
| Rights | 409 |
| ASCAP, BMI, and SESAC Internet Licenses | 411 |
| Downloads and Online Subscription Services | 412 |
| Ringtone/Cell Phone Licenses | 414 |
| Promotional Streaming Licenses | 418 |
| Video Game Licenses | 420 |
| Digital Jukeboxes | 422 |
| Record Company Contracts | 423 |
| Music Publishing Contracts | 428 |
| Web Site Ownership | 429 |
| Deductions | 430 |
| Record Company/Traditional Versus Internet | 430 |
| Future | 430 |
| 18. | Guide to Music Industry Organizations | 431 |
| 19. | Sample Contracts | 441 |
| Index | 455 |
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