Posts by John

What To Consider In A Management Contract

»Posted by on Nov 15, 2013 in Music Business | Comments Off

Management agreements are not the most complicated agreements an Entertainer will face, but they are certainly among the most important agreements an Entertainer will sign. A personal manager is the closest member of an Entertainer’s team, and needs to understand the entertainment industry to be able to guide an Entertainer through the variety of pitfalls in the industry. Here are the five most important things to think about when discussing a management deal from the Entertainer’s perspective. 1. Term. It may sound simple, but how long the Manager will be in charge of the Entertainer’s career is a very important question. The Entertainer wants the shortest period and the Manager wants the longest. Usually there is an initial period with options...

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Can I Trademark A Sound?

»Posted by on Sep 11, 2013 in Music Business | Comments Off

The answer is yes, but it is very difficult. According to the United States Patent and Trademark office (and stated very simplistically), a sound mark depends upon the aural perception of the listener and the sound is so inherently different or distinctive that it attaches to the subliminal mind of the listener to be awakened when heard and to be associated with the source or event with which it is struck.  Said in another way, you immediately think about a brand when you hear the sound. This is an incredibly high threshold to pass where a sound becomes so famous it is associated with a consumer good or service. Some very famous examples would be the NBC Chimes, 20th Century Fox’s fanfare composed by Alfred Newman, or Homer Simpson’s catch line,...

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The 360 Deal: What The Hell Is It And When Will It Go Away

»Posted by on Jul 13, 2013 in Music Business | Comments Off

Foreword: This is a multipart blog on 360 deals. Although it is a complicated topic I have tried to keep it as simple as possible. To understand the deal points I will explain the revenue streams and their history in the music business. Once you understand where we have been I will layout the mechanics of the 360 deal as it relates to those issues. Finally we will discuss whether it is good or bad and the future of these types of deals. Without further delay, on with the show. Think of your musical career income as a whole pizza. All the money you make (or want to make) in music is represented by a slice. These pieces have names such as “tour money,” “merchandise,” “publishing,” “record sales” and “everything else.” Some pieces are bigger than others and...

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The “360″ Deal

»Posted by on Jun 21, 2013 in General | Comments Off

The term “360 deal” has gotten a lot of mileage over the last couple years in the music industry. “Mark thought I should write a blog on it so here we go. Lets answer the obvious questions: what is it; why is it here: what does it do, and should it be feared?” A “360 deal”  is an agreement between an entertainment company/record label and an artist in which they share in all forms of revenue streams available to that artist. “In exchange for the record label’s promises, they are rewarded with a percentage of recording, publishing, merchandising, tour, fan club and other entertainment related income. “The 360 deal is here because income from sales and licensing of music recordings are down dramatically.  A...

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Why Picking A Good Band Name Is Important

»Posted by on May 7, 2013 in Music Business | Comments Off

Recently it was announced that the pop-rock band Hanson, yes that Hanson of teeny bopper fame in the late 1990s, plans to get into the beer brewing business this year. The brothers intend to make an IPA beer named MMMMHop, bringing back fond memories of their hit tune linked above. While first, we must commend the boys for picking an exceptional style of beer and not wimp out with a more boring lager or pilsner, the boys new business venture is a perfect example of how bizarre the world of entertainment has become. It is true the band is playing off one of their songs in their beer name and not their overall band name,  Hanson,  but the lesson to be learned here is that no one can predict where ones career or business ventures turns 5, 10, or 15 years down the...

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