Music Content IP: The Building Blocks of the Music Business Donald R. Simon, J.D./LL.M. Kaplan University

Agenda: Welcome! Welcome! About Prof. Simon About Prof. Simon About you About you Syllabus Syllabus Discussion threads Discussion threads Academic integrity Academic integrity Lecture Lecture Assignments Assignments

Me: 8 years of legal experience concentrating in the areas of entertainment and IP. 8 years of legal experience concentrating in the areas of entertainment and IP. 7 years of experience teaching legal and business issues to aspiring artists. 7 years of experience teaching legal and business issues to aspiring artists. Attended The John Marshall Law School in Chicago. Attended The John Marshall Law School in Chicago. J.D. and LL.M. in Intellectual Property. J.D. and LL.M. in Intellectual Property.

Me: Prior to becoming an attorney, worked in broadcasting for seven years in various production, programming, and management roles. Prior to becoming an attorney, worked in broadcasting for seven years in various production, programming, and management roles. Professional musician (bass guitar). Professional musician (bass guitar). Owner, Simon Business Consulting, Inc. Owner, Simon Business Consulting, Inc.

Contact Me: AIM: musiclawyersimonAIM: musiclawyersimon Phone: Phone: FB: facebook.com/donald.simonFB: facebook.com/donald.simon Linkedin: Search “Donald R. Simon”Linkedin: Search “Donald R.

Syllabus: Course informationCourse information Seminar and office hoursSeminar and office hours Course materialsCourse materials Course calendarCourse calendar Grading criteria and scaleGrading criteria and scale Incomplete and late work policiesIncomplete and late work policies

Syllabus: ProjectsProjects SeminarsSeminars Discussion boardsDiscussion boards Attendance/tardiness policyAttendance/tardiness policy NetiquetteNetiquette Kaplan support systemsKaplan support systems

Academic Integrity: KU upholds the high standards of ethical integrity.KU upholds the high standards of ethical integrity. In practical terms?In practical terms? Plagiarism is to be avoided at all costs.Plagiarism is to be avoided at all costs. Students should do their own work.Students should do their own work.

Plagiarism: As Diane Hacker writes in Rules for Writers (6 th ed.), plagiarism is:As Diane Hacker writes in Rules for Writers (6 th ed.), plagiarism is: 1.not citing quotations or ideas of others; 2.failing to place language of others in quotations; and 3.failing to put summaries or paraphrases in your own words (p. 480).

Plagiarism: KU subscribes to a 3 rd party plagiarism detection service.KU subscribes to a 3 rd party plagiarism detection service. Academic dishonesty may result in the following:Academic dishonesty may result in the following: 1 st Offense: failure of the assignment.1 st Offense: failure of the assignment. 2 nd Offense: failure of the class.2 nd Offense: failure of the class. 3 rd Offense: expulsion from KU.3 rd Offense: expulsion from KU.

The Music Business

In this course, we will explore all aspects of the music business as it relates to revenue-generating and exposure-generating sources for the content creator. In this course, we will explore all aspects of the music business as it relates to revenue-generating and exposure-generating sources for the content creator. The music business is multi- layered and complicated. The music business is multi- layered and complicated.

The Music Business Intellectual property: Intellectual property: Copyrights (songs, music, etc.) Copyrights (songs, music, etc.) Rights of publicity (name, image, any indicia of who they are) Rights of publicity (name, image, any indicia of who they are) Trademarks (stage name, group name, etc.) Trademarks (stage name, group name, etc.)

The Music Business It’s tough for artists to go at it alone. It’s tough for artists to go at it alone. They need people around them to help protect their biz interests and intellectual property, and sometimes protect them from themselves. They need people around them to help protect their biz interests and intellectual property, and sometimes protect them from themselves. They need a team of advisors. They need a team of advisors.

The Team of Advisors The team: The team: Personal managers Personal managers Business managers Business managers Attorneys Attorneys Agents Agents Each plays a valuable role. Each plays a valuable role. Free the artist up to: create and perform. Free the artist up to: create and perform.

The Team of Advisors Personal managers: Personal managers: Probably first member of the team. Probably first member of the team. Help with major biz decisions, such as the recording deal, publishing deal, etc. Help with major biz decisions, such as the recording deal, publishing deal, etc. Help in the creative process. Help in the creative process. Promote artists’ careers and introduce them to the industry. Promote artists’ careers and introduce them to the industry.

The Team of Advisors Personal managers: Personal managers: Help assemble the rest of the team. Help assemble the rest of the team. Coordinate concert tours. Coordinate concert tours. Work with record companies to maximize advertising and marketing efforts. Work with record companies to maximize advertising and marketing efforts. Act as a buffer. Act as a buffer.

The Team of Advisors Personal managers: Personal managers: Get paid typically 15% to 20% of an artist’s earnings. Get paid typically 15% to 20% of an artist’s earnings. Contract terms from six months to several years. Contract terms from six months to several years. Experience/established manager vs. young/inexperienced manager. Experience/established manager vs. young/inexperienced manager.

The Team of Advisors Business managers: Business managers: Ensure all the finances are straight. Ensure all the finances are straight. Monitor different revenue streams: recordings, publishing, tours, books, merchandise, licensing, etc. Monitor different revenue streams: recordings, publishing, tours, books, merchandise, licensing, etc. Advise on investment opportunities. Advise on investment opportunities. Be extremely careful when selecting a business manager! Be extremely careful when selecting a business manager!

The Team of Advisors Business managers: Business managers: Get paid typically 5% of an artist’s earnings. Get paid typically 5% of an artist’s earnings. Hourly and flat fee arrangements. Hourly and flat fee arrangements. May want a monthly minimum to cover expenses. May want a monthly minimum to cover expenses.

The Team of Advisors Attorneys: Attorneys: Advise artists on all aspects of legal and biz issues. Advise artists on all aspects of legal and biz issues. Help structure deals. Help structure deals. Review and negotiate Ks and licenses. Review and negotiate Ks and licenses. Protect artists’ intellectual property. Protect artists’ intellectual property.

The Team of Advisors Attorneys: Attorneys: Get paid typically by the hour: $150 to $600. Get paid typically by the hour: $150 to $600. Or may charge 5% to 10% of an artist’s earnings. Or may charge 5% to 10% of an artist’s earnings. May have artists sign a retainer. May have artists sign a retainer.

The Team of Advisors Agents: Agents: Play various roles from booking tours to finding sponsorship opportunities. Play various roles from booking tours to finding sponsorship opportunities. Work with personal managers. Work with personal managers. Get paid typically 5% to 10% of an artist’s earnings from each deal they are part of. Get paid typically 5% to 10% of an artist’s earnings from each deal they are part of.

Assignments Look at each Unit’s To-Do Lists to help keep you organized. Look at each Unit’s To-Do Lists to help keep you organized. Due by the end of this Unit: Due by the end of this Unit: Introduce yourself. Introduce yourself. “What Would Radiohead Do?” DT “What Would Radiohead Do?” DT If not done so, read Chaps If not done so, read Chaps Artist K outline. Artist K outline.

Assignments Radiohead DT: Radiohead DT: When Radiohead released the album “In Rainbows” in 2008 as a digital download, users could name their own price (including free). When Radiohead released the album “In Rainbows” in 2008 as a digital download, users could name their own price (including free). What kind of advice would each member of their ‘team’ (Personal Manager, Business Manager, Attorney, Agent) have given them as they proceeded? What kind of advice would each member of their ‘team’ (Personal Manager, Business Manager, Attorney, Agent) have given them as they proceeded?

Assignments Artist K outline assignment: Artist K outline assignment: Write an outline detailing the elements you think you would find in an artist’s personal manager K. Write an outline detailing the elements you think you would find in an artist’s personal manager K. You can base this on your reading in Passman, but feel free to do additional research. You can base this on your reading in Passman, but feel free to do additional research.

Assignments Artist K outline assignment: Artist K outline assignment: Minimum of 1 page. Minimum of 1 page. Viewpoint and purpose should be clearly established and sustained. Viewpoint and purpose should be clearly established and sustained. Assignment should have correct grammar, punctuation, etc. Assignment should have correct grammar, punctuation, etc. Writing should be well ordered, logical and unified, as well as original. Writing should be well ordered, logical and unified, as well as original.

Assignments Artist K outline assignment: Artist K outline assignment: Your work should display superior content, organization, style, and mechanics. Your work should display superior content, organization, style, and mechanics. Appropriate citation style should be followed. Appropriate citation style should be followed. Submit your outline to the Dropbox by the end of Unit 1. Submit your outline to the Dropbox by the end of Unit 1.

Outcomes What to expect during this course. What to expect during this course. Who are the protectors of an artist’s intellectual property. Who are the protectors of an artist’s intellectual property. What kinds of intellectual property an artist can create. What kinds of intellectual property an artist can create.

Contact Me: AIM: musiclawyersimonAIM: musiclawyersimon Phone: Phone: FB: facebook.com/donald.simonFB: facebook.com/donald.simon Linkedin: Search “Donald R. Simon”Linkedin: Search “Donald R.

Outcomes Questions?

Have a Great Week! Great Week!