Music Contracts
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1. THE PARTIES CONCERNED WITH COPYRIGHT LAW IN THE MUSIC INDUSTRY
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> 2. The Music Industry represented in Copyright LawBACK TO
> Application of Copyright Law to the Music Business
> Application of Copyright Law to the Music Business in the UK
> 1. The Parties Concerned with Copyright Law in the Music Industry
> 3. How the British Music Industry fits into the Copyright Systems
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The central parties in the music industry, are those who artistically create the work. They are the basis of all the agreements taking place after music is composed and lyrics are written. Indeed, without this, there would be nothing to record, nothing to promote, and, as far as intellectual property is concerned, nothing to protect. However, once the work is performed on a tape, and if those who contributed to its creation want to make a living out of it or at least, make money from it, they will need the help of other people, or rather groups of people, who have their own interest being in charge of the marketing and promotion.
1. PARTIES INVOLVED IN THE MAKING OF THE WORK
a. LYRICS WRITING AND MUSIC COMPOSITION
> THE LYRICIST:
Works in music are not all made of lyrics, however, in the music industry, works containing lyrics are predominant and therefore constitute songs. It is also very usual for different people to write the lyrics of a same song.
They can be:
members of a same group who write the lyrics of the song they are going to perform.
people who do not perform at all, but are asked to write by the performers, or write hoping to find a singer to perform the lyrics.
people who are not members of the performing group, writing in collaboration with that group. embers of a same group who write the lyrics of the song they are going to perform.
> THE MUSICAL COMPOSER
It is the person creating the melody, rhythm and harmony. The composer can be any of the persons contributing to the writing of the lyrics of a song.
The lyrics and the music constitute a potential song, which can be performed directly to an audience, generally through a live show, or, which can be listened to through other means such as tapes, compact discs, records, videos, internet In that second case, in order to make the song available for a wide range of people, it first needs to be recorded.
The making of a demo usually requires the use of a studio, in spite of the growing computerisation of music. Some performers make themselves the arrangements necessary for that purpose and they are consequently the producers of their recording. However other performers often need an experienced producer who knows technology.
b. THE PRODUCTION
Recording agreements between performers and producers can be made in different ways:
with a production company, which also can also try to find a deal with a record company if guaranteed to produce the two or three next albums. The agreement can be arranged via the performers manager if he has a studio and a producer with whom he works closely.
with a record company which employs a producer. These companies usually do not accept to sign deals with a performer when he has not already got a demo. However if the performers are already bound to the record company and already have albums out, the company can undertake the production of the songs to be released
with a studio, which allows performers to make their demo in it without directly paying the producer for the studio time.
2. THE PARTIES INVOLVED IN THE EXPLOITATION OF THE WORK
a. MANAGERS
They are most likely to be in charge of the promotion the artists work as well as looking for a record deal, especially at the early stages of the artists career. He usually have to use his best endeavours to promote and publicise the artist in all forms of the media including television, radio, press and reviews, musical engagements, appearances, merchandising, and commercial recording. This obviously implies a promotion of the artist through his work.
b. PUBLISHERS
The function of a publisher is to promote the work of the lyrics writer and the music composer, so they are apparently not supposed to deal with sound recordings. However, if a songwriter is also the performer, the publisher can use its experience and contacts to help him be known by other parties such as record companies.
c. RECORD COMPANIES
Their primary role is to exploit the sound recording by arranging the records distribution. Consecutively to an agreement with the performers, record companies commit themselves to:
- sell the recordings to the public
- arrange the public performance of the sound recording with radio and TV producers and other media
- arrange the on-line distribution
Record companies can agree with performers to release the recordings in the whole world, they can also agree to produce a certain number of recordings in and outside the UK. They can provide a certain amount of money for a promotional tour. They pay the costs for the making of promotional videos.
d. MASS MEDIA : BROADCAST, CABLE PROGRAMS, RADIO, INTERNET
They are the ones upon which the success of a record depends the most. Because they target a great number
of people once they decide to put a song and the advertisements on air or on TV.
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