BELMONT UNIVERSITY
MIKE CURB COLLEGE OF ENTERTAINMENT AND MUSIC BUSINESS
COURSE SYLLABUS
Course Title: Survey of Music Business
Semester: Fall 08
Instructor: J. Rush Hicks
Instructor Contact: Office: Room 223 (MBC) Phone 460-6473
Instructor Office Hours: posted on the door
Course Credit: 3 Hrs.
Class Meeting Times: MC 200A MWF @ 9am (Final – 12/15 @ 8am)
MC200B MWF @ 11 am (Final – 12/11 @ 11am)
Course Description: This course is a general overview and a study of the major functional areas of the music business. Attention is given to the theoretical foundations and practical application of current business practices in the music industry including supporting organizations and the revenue flow from music consumer to creator. (www.belmont.edu/catalog/undergrad2007jun/cemb/courses.html)
Course Outcomes: At the end of this course, the student will be able to:
· Identify the process and key participants of how commercial value is created within the revenue systems/ecology of the music business system
· Identify and examine the foundations of copyright law and the representative licenses needed for the monetization of the music revenue streams
· Examine and identify the basic deal structures and terminology within the revenue systems/ecology of the music business system
· Apply basic calculations representative of the revenue systems/ecology of the music business system.
Performance Tasks (PT): During this course, the student
will:
1. Identify and diagram the basic music business revenue streams and relationships
2. Identify typical agreements, personnel, and terminology used within the music business
3. Define applicable copyright law within the music business
4. Compute calculations pertaining to studio production budgets, record royalty payments, concert promotion, and basic publishing/songwriter shares, and mechanical royalty calculations under the statutory and controlled composition deductions
5. Compare and evaluate the possible effects of new technologies, Internet marketing, and other emerging trends on the existing revenue model
Assessment Tools:
During
this course, outcome mastery will be evaluated by multiple-choice tests based
on the lecture and all assigned readings. Additionally, a portion of each
multiple-choice test will consist of diagramming and calculations presented in
the multiple-choice format. Additionally, a short four page essay will be
assigned to measure your comprehension, application and analysis of an approved
topic that evaluates and compares the traditional value chain, or revenue flow
with new emerging models, or a discussion of the value and implications of free
versus compensated music.
Testing & Assignments:
|
Activity |
Credit |
Purpose/Description |
|
1. Comprehensive Tests (3) |
60% |
Three chapter exams and one Final exam will be given. Exams primarily cover lecture and readings assigned. Each exam is scored for 100 points and is comprised of 50 or more questions consisting of multiple choice/essay/short answer/true-false, or any combination thereof. |
|
2. Research Paper/essay |
20% |
A three-page paper that will demonstrate the student’s assimilation of knowledge gained from original research, lectures, and assigned readings. Must be written in APA or MLA style using a minimum of 5 verifiable reference sources and 10-12 point font/single spaced. |
|
3. Final Exam |
20% |
A comprehensive test comprising multiple-choice questions that will measure the depth of the student’s knowledge base gained from lectures and readings. The final exam is typically 100 comprehensive questions (or more) in accordance with the final exam schedule at the assigned time and place—NO FINAL EXAM will be given at any earlier time. |
Research Paper: Each student will prepare a short three-page research paper (11-12 point font—single space!) on a topic of interest present in written format and approved by instructor at least one month prior to final exam. The format is either APA, or MLA format at student’s discretion. Final paper is to due by “dead day”- before final exams start. Topics should relate to class discussion and overall MB model presented in class, but should narrow down to one aspect that might be covered in detail—per the student’s interest. Paper must cover or incorporate projected or actual effects of new emergent technologies on the topic presented as well as speculative solutions.
Course & Classroom Policies:
Attendance & Participation: Class attendance follows university policy as stated in the current Undergraduate Bulletin. Class participation is expected; attendance and absence will be noted. Belmont University is committed to the idea that regular class attendance is essential to successful scholastic achievement. When the number of absences for any reason exceeds four times the number of scheduled class meetings per week (25% of meetings during summer term), the student is involuntarily dropped from the course with a grade of “WF” – Belmont University Catalog. Class participation is expected; attendance and absence will be noted.
Materials: Off the Record: How the Music Business Really Works by Larry Wacholtz Ph.D., Copyright 2008 Thumbs Up Publishing
Grade Evaluation: As per CEMB policy, the grade assignment scale for this course is:
A=94, A=90, =B+87, B=84,B-=80, C+=77, C=74, C-=70, Final grades below 70 % will not apply to the major. D+=67, D=64, D-=60, F=< 60
Honor Code: It is the responsibility of each student to abide by the Belmont University Honor Code. “In affirmation of the Belmont University Statement of Values, I pledge that I will not give or receive aid during examinations; I will not give or receive false or impermissible aid in course work, in the preparation of reports, or in any other type of work that is to be used by the instructor as the basis of my grade; I will not engage in any form of academic fraud. Furthermore, I will uphold my responsibility to see to it that others abide by the spirit and letter of this Honor Pledge.”
Accommodation of Disabilities: In compliance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, Belmont University will provide reasonable accommodation of all medically documented disabilities. If you have a disability and would like the university to provide reasonable accommodations of the disability during this course, please notify the Office of the Dean of Students located in Beaman Student Life Center (460-6407) as soon as possible.
Week to Week Content: TENTATIVE CLASS SCHEDULE (Subject to change). Occasionally, class may get behind or ahead of this schedule—and thus—dates may change accordingly.
FRIDAY- aug 29
Creative Systems-22
Songwriters-22, Vocalists-22, Musicians-23, Producers-23, Engineers-23
Business Systems-24
Publishers-24, Recording Studios-24, Labels-24, Promotions-25, Publicists-25, Managers-26, Booking Agents-26, Promoters-26, Mass Media-26
Click Media-26
Associated Career-26
Monday-September 1-Labor day holiday
Wednesday-September 3-
Types of Business-28, Sole Proprietorship-28, artnerships-Joint Ventures-28, Corporations-28
Entrepreneurship-29
Revenue Streams-30
Songwriting/Music Publishing Revenue Stream-30
Record Label Revenue Stream-30
The Management /Touring Revenue Stream-31
Friday-September 5
Financials-32
Capturing emotions As Sellable Products-32
Launching the Products-32
Event Marketing-33
monday-September 8
The New Music Business-33
Summary-35
Study Guide-37
Wednesday-September 10
Copyrights-40
Historical Perspective-43
Statute of Anne-43
Friday-September 12
Constitution (Article1, Section 8)-45
Exclusive Rights-45
Reproduction-copies-45
Derivative Works-45
Distribution-45
Public Performance-45
Public Display-45
Digital Transmission (Audio-Public Performance by Digital Transmission)-45
Types of Copyright Ownership-45
Phonorecords-46
Sound Recordings-46
monday-September 15
ActS of 1790, 1831, 1909, 1976, 1992, 1993, 1995, 1997 – 47-50
The DMC-50
wednesday-September 17
Acts of 1998-50
Sonny Bono-51
Supreme Court Decision on Peer-to-Peer File Sharing-53
Act of 2004-54
Notice of Intention-54
Neighboring Rights-54
GENEVA (2) (Phonograms Convention)-55
PARIS-55
BRUSSELS-55
THE BERNE CONVENTION-55
WIPO-56
Not Protected-56
Poor Man’s Copyright-57
Friday-September 19
A Work-For-Hire-57
Authorship-58
Fixation Process-58
Publication-58
The United States Copyright Office-59
Certificate of Registration-59
Registration Process-59
Electronic Registration-60
Copyright Registration Forms-60
Collaboration Team-60
Co-Songwriting-61
Musical Arrangements-61
Sampling-61
Fair Use Rights-62
Compulsory Mechanical License-62
Recapturing Assigned Copyrights-62
Key Definitions 62
Summary-63
Study Guide Copyrights-66
Test One – Monday September 22
Wednesday-September- 24
review of test
Friday-September 26
The Song Business-72
Entertainment as Emotional Communication-73
Stimulus-Response Relationship-73
Cognition-73
Expression of Creativity-73
Construct Theory-73
Historical Perspective-76
Songwriting as a Profession-77
Pitching Songs to Publishers-78
Career Song-79
What to “Look For” in a Music Publisher-79
Professional Songwriting Organizations-80
What Publishers “Look For” in Songwriters-80
monday-September 29
Types of Publishers-81
Major Publishers-81
Independent Publishers-81
Specialty Publishers-81
Foreign Publishers-81
Vanity Publishers-81
Departments-82
Acquisitions-82
Legal-82
Administration-82
Royalty Department-82
Creative-82
The National Association of music publishers (NMPA)-81
Songcasting-83
wednesday-october-1
Splits and Shares-83
Value of Copyright Ownership-84
Business Equity of the Copyright-84
Single Song Contracts-85
Types of Deals-85
Work for Hire-85
Staff Writer-85
Co-Publishing-86
Sub-Publishing-87
Shark Deal-88
Certificate of Registration-88
Certificate of Recordation-88
Friday-october-3
Licenses-90
Mechanicals-90
Sync (Synchronization)-90
Blanket (Public Performance)-90
Print-90
Transcription-90
Artist Line-90
The Harry Fox Agency-90
Mechanical Licenses-91
Holds and First Use Rights-91
The Statutory Rate for the Mechanical Licenses-91
The controlled Composition Clause 91
the Compulsory License-92
Cover Tune Mechanicals Compulsory License-92
Foreign Mechanical Royalties-93
Indirect Royalty “Splits”-93
Recoupment-94
Memorandum Opinion On Ringtones-94
SoundScan-94
Sync (Synchronization) License-94
fall break monday-wednesday oct 6-8
review of previous material
Monday-october 13
Performance Rights Organizations-95
ASCAP-95
BMI-95
SESAC-96
Affiliation/Membership-96
Blanket License-96
Blanket License Fees-97
Direct Payments-97
Collection Procedures-97
The Fairness in Music Licensing Act-98
In The Pipeline-98
Payment Rates and Schedules-98
Print License-98
Transcription License-98
Best Efforts-99
Wednesday-october-15
Termination of Contract-99
Reassignment Process-99
Single Song Contract Negotiation Points-100
Additional Terms-103
Summary-104
Study Guide-Music publishing-105
Test # 2 friday- october 17
monday-october 20
Review of test
wednesday-october-22
Mega Entertainment Industry-114
Historical Perspectives-114
Traditional Mega’s-114
Bertelsmann, AG-114
The Walt Disney Company-115
EMI Group, PLC-115
Sony Entertainment-116
TimeWarner-116
Vivendi/Universal-117
Mega Entertainment-Divisions-117
Media-Entertainment Distribution-118
News Corp-118
Comcast-119
Viacom-119
360-Music -Entertainment Corporations-119
LiveNation-119
Labels-120
Major Labels-120
Affiliate Labels-121
Independent Labels-121
Vanity labels-121
Specialty and Virtual Reality Labels-121
Promotion Branding Labels (PBL’s)-121
Friday-october-24
Important Historical Record Labels-121
Columbia Records-121
RCA Records-121
Capitol Records-121
Warner Bros. Records-122
Motown Records-122
A&M Records-122
Creative Business Milieu-123
Five Functions of Successful Labels-124
Find and Signing Talent-124
Creating Product-124
Distribution-124
Promotion-124
Publicity-124
What Artists look for in Labels-124
What Labels look for in Artists-125
Getting Noticed-125
Digital Discovery-126
Showcases-126
Pitch Memo-126
Deal Memo-126
monday-october-27
Types of Deals-127
The 360 Deal-127
Traditional Major Deals-128
Development Deals-128
Indie Label Deals-128
Vanity Label Deals-129
Shark Deals-129
Royalty Points and Packaging Fees-129
Recording Label-Recoupment-130
wednesday-october-29
Record Label-Breakeven Points-130
Record Label-Profits-130
Marketing Plans-131
Marketing Plans-Product Platforms-131
CD’s-131
Digital Downloads (P2P)-131
Marketing Plan-Price-131
Suggested Retail List Price-131
CD’s-Brick and Mortar Retail-131
Digital Downloads iTunes, etc.,)-132
Marketing Plan-Promotion-132
Radio-133
Marketing Plan-Promotion-Continued-133
Clear Channel-133
Cox Radio-134
NPR-134
Advertisment-134
Music Videos-134
Internet and Cell Phones-134
Marketing Plan-Publicity-134
Stories and Interviews-134
Appearances-134
Tour support-134
Internet and Cell Phones-135
Marketing Plan-Placement/Distribution-135
Traditional-135
One-Stops-135
Mass Merchandisers-135
Rack Jobbers-135
Record Clubs-135
Television-PI (Per Inquiry)-136
Digital Music Distribution-136
Internet Websites-136
Cell Phones-136
Satellite Direct Distribution-136
Top Retail Outlets-136
Friday-october-31
Digital Rights Management (DRM)-137
Synergy of Social Website Distribution-137
www.myspace.com-137
www.facebook.com-137
Synergy of Digital Distribution-Cell Phones-137
Apple’s iPhone-137
Rhapsody-137
Synergy of Legal & free digital distribution-137
www.Spiral Frog.com-137
www.qtrax.com-137
www.hulu.com-138
Label Administration-138
Chairperson of the Board or C.E.O.-138
President-138
Vice-Presidents-138
Administrators-138
Departments-139
The Legal Department-139
Personnel/Payroll/Royalty-139
Artists and Repertoire (A&R)-139
Development-140
Creative Development-140
Artist Development-140
Product Development-140
Marketing & Sales-140
Free Goods-140
Promotional Copies-140
Recording Industry Association of America (RIAA)-141
The International Federation of the Phonographic Industry (IFPI)-141
Piracy-141
monday/wednesday-november 3-5
Sample Recording Contract-141
Exclusive Services-142
Term-142
Recording Commitment/Delivery-143
Recording Procedure-145
Grant of Rights-147
Marketing Restrictions-148
Advances-149
Recording Fund-149
Royalties-151
Accounting-153
Notices-154
Licenses for Musical Compositions-155
Events of Default-157
Injunctive Relief-158
Collective Bargaining Agreements-158
Warranties and Representatiions:Indemnities-159
Approvals-161
Videos-161
Marketing & Publicity-162
Group Provisions-163
Definitions-165
Assignment-168
Assignment of Publishing Interest in Recorded Songs-168
Merchandising-169
Confidentiality-169
Miscellaneous-170
Contract Terms-172
World Charting Companies-174
Summary-176
Study Guide-labels-178
Contract Study Points-185
Friday-november-7
Creating Magic-187
Recording Variables-187
The Recording Team-187
Type of Session-187
Stages of Sessions-187
The Recording Team-187
Producers-188
Independent-188
Label Staff-189
Major Artist Producer-189
Musicians-189
Garage/Jam Band Musicians-189
Working Musicians-189
Road and Event Musicians/Artists-189
Studio Musicians-189
Audio Engineers-191
Entry-Level-191
Second Engineers-191
Staff Engineers-191
Major Artist/Independent Engineers-192
Signal Flow-192
Basic Tracks/Tracking-192
Overdubbing-192
Mix-Down-192
Recording Artists-193
Royalty Artist-Studio-193
Virtuosos-193
BGV’s (Background Vocals)-193
monday-november-10
Types of Recording Studios-194
Master Studio-194
Project Studios-194
Demo Studios-194
Post-Production Studios-194
Computer Based Studios--194
Scheduling Sessions-194
Unions-194
The American Federation of Television and Radio Artist (AFTRA)-195
The American Federation of Musicians (AF of F)-195
Types of Sessions-195
Master-196
Low Budget-196
Limited Pressing-196
Demo-196
Non-Union-196
A.F. of M. Recording Scales -196
AFTRA Recording Scales-197
Non -Union Recording Sessions-199
wednesday–november-12
Stages of a Recording Session-199
Pre-Production-199
Basic Tracks-199
Overdubbing-200
Mixdown-200
Mastering-200
Recording Budget-201
The Recording Budget Chart-202
Production Budget-203
Promotion Budget-203
Publicity Budget-203
Friday-november- 14
BreakEven Point-203
Lowering the Cost of Production-204
Computer Based Recording Budget-204
Key Studio Terms and Equipment-205
Summary--211
Study Guide-The Recording Business-212
Test # 3 Monday-november 17
wednesday-november-19
review of test
Friday-november 21
Marketing Cultural Icons-222
Non-Label Artists-223
Fame-223
Image-224
Shameless Self-Promotion-224
Selecting a Manager-226
Types of Managers-226
Heavyweight/Heavy Hitter-226
Middlewieght-227
Lightweight-227
Selecting a Manager-227
monday-november-24
Management Duties-227
Non-Management Duties-228
Artist Management Relationship-228
Power of Attorney-228
Commissions-229
WEDNESDAY-NOVEMBER 26
REVIEW
thanksgiving vacation break november 27-28
MONDAY – December 1
Termination of contract-229
Management Team-229
Booking Agents-230
Talent Buyer-230
Attorneys-230
Business Financial Managers-230
Road Managers-231
Stage Manager-231
Promotion-Artist Perspective-232
Publicity-Artist Perspective-232
Public relations-232
wednesday-december-3
Electronic Press Kits and Bio’s-233
TV Appearances-233
Publicity Budgets-233
Stage Names-234
Tour Support-234
Promoters-235
Selecting a Promoter-236
Selecting an Act-236
Tour Question-236
Bid Sheets-237
bid Sheet Example-238
Types of Concert Promotion/Artist Deals-239
Straight Guarantee-239
Guarantee Plus a Percentage of the Net (Gate)-239, Versus a Percentage of the Net-239, and Guarantee Plus a Bonus-239
Concert Promotion Process-239
Virtual Corporations-240
Deposits-240
Profit Margins-240
Guarantees and Splits-240
Sponsoring Radio Station-241
Risky Business-241
Merchandise-241
Rider-241
IATSE-242
Roadies-242
Friday-december-5
TicketMaster-242
Serious Music Market-242
PollStar & SoundScan-243
BillBoard Magazine-243
CREATIVE DESTRUCTION-245
A Business Perspective-245
The New Music Industry-245
New Business Models-246
Music as a public utility-246
Free Music-246
Artist as Free Agents-246
360 Entertainment Corporations-246
ARTIST MANAGEMENT-CONTRACT TERMS-247
MANAGEMENT-CONCERT PROMOTION TERMS-249
final exam week december 10-17