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www.sheridans.co.uk Copyright and Management: in the music business Information prepared for the Southwark Arts Forum 9 July 2011 By Tahir Basheer
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What is Copyright? The property rights in an artistic work The right to stop others copying or exploiting a work without permission
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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
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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
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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
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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
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Why do you need a Manager? Unsigned Artists Arrange gigs / other live performances Contacts with record labels General guidance
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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.
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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.)
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The Management Agreement Handshake or written contract Fiduciary relationship Term Trial period
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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)20 7079 0103 | FAX: +44 (0)20 7079 0203 | WWW.SHERIDANS.CO.UKWWW.SHERIDANS.CO.UK
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