Copyright, Licenses from Midterm leave you have the right to leave.

They are binding you to the

 Music Supervisor
o In charge of choosing the songs for
a film/tv show
o Playlist for movies
 Sound Exchange
o Interactive streaming (Record
Company pays Artist) vs. Non-
interactive streaming (SX pays
artist)
 Name + Likeness
o Your name and your image (brand)
is owned by the record company
nonexclusively and in perpetuity
 Jointly + Severally
o As a group and also as individuals.
o If it’s just jointly then you can leave
 Cross-Collateralization
o Artist needs to pay back the
unsuccessful record from the next
record
 Re-recording Restriction
o When your record deal ends and
you move to a different company,
you can’t record any songs that
you recorded at the other record
company for at least five years
 Record One
o If you’re the producer, you are
guaranteed royalties on all records
sold, but it is calculated before any
deductions on behalf of the artist.
Before the artist pays back the
Record Company you are paid.
 Favored Nation
o Clause in your contract that says if
you are a producer for an album,
and another producer joins the
project you can be paid their rate if
it is higher.
 Indemnification/Hold-Harmless
o When you have a contract and the
other party is responsible for
damages, legal fees, etc.
 Main Man/Keyman
o When you sign to a company
based on a main person, so if they
contract.
 Co-terminus
o States the length of the agreement
with an artist
 Injunctive Relief
o Two companies having business
with each other until they settle
the legal dispute
 Override
o Payments that come directly from
the record company, basically any
royalty payment that doesn’t come
from the all-in royalties
 360 Deal
o Record companies have different
income sources from the artist
(merchandize, publishing, etc.)
Special Session
1.5 Hours long
3 min song
AFM
Special Session $300
1st double: 20%
2nd double: 15%
H+W $20 1st, $15 2nd
EPW: 10%
Pension is 10% of the scale and double
AFtra: Type: S1, Side 1, MTK 2, SWT, HRS 1, Total =
$600
What is the royalty that Eminem is receiving?
Synch License:
What: specific song The maximum statutory rate is $0.091
For how long? In perpetuity
How much? Simple fee • Record One: the producer’s share of “all-in”
Exclusive? Limited exclusitivity for 1 year royalties is calculated retroactive to “record one”,
once production expenses are recouped.
Print, single sheet license: • Favored Nation & Prorate royalty: if
What? Specific song multiple tracks by multiple producers or co-
For what use? Single folio sheet music production situations
How long? 5 years • Approved Budget vs. Recording Fund (“All-
How much? 15% of retail in” royalties”)
Exclusive? Yes, for that format only
Production Company: Deal elements
Derivative (sampling) license: o Side/inducement letter: record company
What? Specific section of song requires it; artist acceps all terms signed om their
For what use? In new song/track in specific locations behalf by production company
How long? Perpetuity
How much? Flat fee or % of new copyrights
Is it exclusive? No Over ride: given to the person or people who may
have had the ears or ability to find talent/artist.
Performance license:
What? Entire catalogue Re-recording restrictions: an artist or group may not
What use? Unlimited release a new recording of a song that was
How long? 1-5 years commercially released under their previous
How much? Set fee recording contract until a certain number of years
Exclusive? no
Contract terms:
• Jointly & severally
• Main man/key man
• Term: length of time or # of records ( or co-
terminus)
• Royalty: “record one,” “favored nation,
“prorated, 360 participation
• All-in: may include/become “override”

Term: Traditionally meaning length of time (often

extendable at record companies option), but as
records took longer to record, the “Term” of a
record contract became based on the number of
records released.

There can’t be an exclusive mechanical license

because by law if you agree to pay a maximum fee,
anyone can use the copyright.

Four Roles of Publisher:

 Exploit the copyright
 Administer the copyright
 Advance money to the songwriter
 Develop the songwriter

5 Basics Rights of a Copyright:

 To reproduce copies
 To distribute copies for sale, rental ,or lease
 To make derivative copies
 To display
 To perform publicly (but not inc. for sound
recordings)

A&R and Distribution.

 A&R visits publishers to find best songs for
singers
 Distribution has regional firms into national
distributors

“make sure contract includes performance royalties”

Royalty reverse accounts:

 Records not sold and paid for could be
returned and receive a credit