Copyright and Management: in the music business Information prepared for the Southwark Arts Forum 9 July 2011 By Tahir Basheer

What is Copyright?  The property rights in an artistic work  The right to stop others copying or exploiting a work without permission

How is copyright created and who is the Author?  Copyright exists in original literary, dramatic, musical and artistic works and recordings  The owner is the person who creates the work  The work must be in recorded form  There is no copyright in an idea  There is no set formula for who owns what when two parties jointly write a work

So who owns what?  “Hallelujah”  A Cover Recording  Written and performed by Leonard Cohen  “Hallelujah” performed by Alexandra Burke  Mechanical licence required  Alexandra Burke receives recording royalties  Leonard Cohen receives publishing royalties

So who owns what?  A jointly written song  “Tiny Dancer”  Music by Elton John  Lyrics by Bernie Taupin  DJ Ironik Tiny Dancer “(Hold Me Closer)”  The new song is written by DJ Ironik

So who owns what? – cont. A jointly written song  “Tiny Dancer (Hold Me Closer)” (cont.)  The new recording is owned by DJ Ironik’s recording company  A publishing sample licence is required from Elton John and Bernie Taupin and their publisher  A recording sample licence is required from Elton John’s record company Universal Music

Why do you need a Manager? Unsigned Artists  Arrange gigs / other live performances  Contacts with record labels  General guidance

Why do you need a Manager? – cont. Signed Artists  Negotiate commercial deals, usually with Artist’s lawyers  Day to day arrangements  Liaise with record company re: promotion and marketing, approvals, choice of recordings, producers etc.

How do you find a Manager?  Friends of the band / someone you trust  UK Music Manager Forum / Music Week Directory  Established management companies / cold call them – this is easier if you are signed or a deal is imminent  Manager finds you (via MySpace, gigs etc.)  Research manager’s background (speak to other bands, A&R etc.)

The Management Agreement  Handshake or written contract  Fiduciary relationship  Term  Trial period

The Management Agreement – cont.  Commission  How much does the Manager take?  What income does a Manager take commission on?  Run off commission TAHIR BASHEER Sheridans Solicitors| Whittington House | Alfred Place| London | WC1E 7EA TEL: +44 (0) | FAX: +44 (0) |