DE LA SOUL Memory Of…(US)

DE LA SOUL Memory of…(US)

Rebeka Valentová (1676037) Ilaria Martinetto (1677798) Stuart Wagner (1732832) Dohyun An (1732130)

Minor Music Marketing and Management Music Accountancy and Rights Course Code: MC-MUSICACRIG-17 Lecturer: Kiwan Leung Date: 25/03/2018

TABLE OF CONTENTS

INTRODUCTION 3

1. PICK A SONG AND ASSEMBLE POSSIBLE CREDITS AND RELEVANT INFO 3 CREDITS 3 INFOGRAPHICS 4

2. INVESTIGATE COLLECTING SOCIETIES 4

3. FLOWCHART 8

4. PUBLISHING ARGUMENTATION 10

6. CALCULATION CASE 19

7. RELEVANCE 20

8. EXPLOITATION 21

9. BIBLIOGRAPHY 22

INTRODUCTION

The main objective of this assignment is to recognize the importance of rights in the music industry, as well as to gain a better understanding of the difference between the rights and cash flows of the author and the performing musician. Moreover, a clarification of the complex issues of music rights will be presented in terms of analysing the different perspectives that each party holds, i.e. the composer, the publishing company, or the co-publisher.

1. PICK A SONG AND ASSEMBLE POSSIBLE CREDITS AND RELEVANT INFO

Song: Memory of… (US) Artist: De La Soul ft. Estelle & Pete Rock

Record Label: A.O.I., Kobalt

Release Date: August 26, 2016

Publisher: Publisher not found

CREDITS

Producer: Supa Dave West, Pete Rock & De La Soul Co-producer: De La Soul, Supa Dave West Composer, Arranger & Conductor (Strings): Maurice 'Pirahnahead' Herd Engineer & Mixer: Morgan Garcia Featuring Artists: Estelle & Pete Rock Recording: Drew Arndt, Eric Morgeson & Jezreel Santos Writers: Maseo (Vincent Mason), Posdnuos (Kelvin Mercer), Trugoy the Dove (David Jude Jolicoeur), Jae Mason, Estelle (Estelle Fanta Swaray) & Pete Rock (Peter O. Philips)

Horns: Hypnotic Brass Ensemble Keyboards: Dejuan "DC" Mc Crimmon Trumpet: Jordan Katz Viola: John Madison, Leslie DeShazor & Scott Stefanko Violin: Andrew Wu, James Greer, Joe Deller, Marla Smith, Molly Hughes & Velda Kelly

Bass: Clark Suttle & James 'DOOK' Jones III Cello: Miriam Eckelhoefer & Sarah Cleveland

INFOGRAPHICS

2. INVESTIGATE COLLECTING SOCIETIES

Buma/Stemra (NL) These are two private organizations in the Netherlands, that operate as one single company that acts as the Dutch collecting society for composers (lyricists and authors) and music publishers. They ensure that when their creations are used they receive fair remuneration (Buma-Stemra, 2018, February 1). Buma/Stemra also covers the global music repertoire in the Netherlands and collects remuneration for use on behalf of foreign composers, lyricists and authors and transfers this to sister organizations. Buma/Stemra represents the interests of music authors, they help enforce copyright, on occasion alongside other organizations, in addition they set aside a reserve for financial support to their members and for promoting Dutch musical products.

GVL (Germany) They make sure that their members get a fair payment for their artistic performances. They have represented artists, producers and event organizers and managed their neighbouring rights since 1959 (GVL, 2018, January 12). Their role is to mediate between rights owners and rights users. If it wasn't for GVL acting as a collective management organization, radio and TV stations, each restaurant or discotheque intending to use music or audio-visual productions would have to reach an agreement with the very artists and producers involved in a production in order to obtain permission to use that production.

ACTRA (Canada) ACTRA stands for Alliance of Canadian Cinema, Television and Radio Artists; it is a Canadian labour union representing performers in English-language media (ACTRA, 2017, December 22). The organization negotiates, safeguards, and promotes the professional rights of its members. It also works to increase work opportunities for its members and lobbies for policy changes at the municipal, provincial and federal levels (ACTRA National – Our Union, n.d.). They assemble actors, recording artists, comedians, announcers, stunt coordinators & performers, dancers, narrators, voice performers, hosts, choreographers, models, singers, background performers, puppeteers and more. ACTRA’s principal role is to negotiate, administer and enforce collective agreements to provide performers with equitable compensation as well as safe and reasonable working conditions.

AFM/SAG-AFTRA (USA) The AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund is a not-for-profit organization. They provide musicians or singers who have performed on a recording entitled to a distribution and check the given funds to see if they have money for them (AFM/SAG-AFTRA - About us, n.d.). The Fund is an independent entity whose purpose is to collect and distribute royalties from various foreign territories and royalties established by government statute under U.S. Copyright Law. It distributes U.S. royalties to entitled singers and musicians without regard to union membership. However, many of the foreign royalties (pursuant to the rules and regulations of their governments) do require membership in the AFM or SAG- AFTRA in order to receive royalties from the Fund.

GRAMEX (Finland/Denmark) GRAMEX is a non-profit copyright society, governed by the representatives of artists' and producers' organizations, which promotes and administers the rights, prescribed in the Copyright Act, of performing artists whose performances have been recorded on phonograms and of producers of phonograms, it was 5 established in Finland in 1967 (Gramex, 2017, November 28). The most important function of GRAMEX is to collect remunerations for the use of phonograms and to distribute the collected remunerations to those entitled to them (GRMEX, n.d.). GRAMEX also promotes the general conditions of Finnish performing music and phonogram production. To fulfil its purpose, GRAMEX keeps abreast of both national and international developments in copyright legislation, and participates in this development work.

ADAMI (France) ADAMI is a society for the collective administration of performers’ rights. It operates on a not-for-profit basis. For over fifty-eight years, it has been collecting and individually distributing the sums due to actors, singers, musicians, conductors and dancers for the use of their recorded works (ADAMI, n.d.). ADAMI collects and pays performers’ remuneration within three legal frameworks: legal licenses, which are exceptions to the exclusive right to grant or refuse permission: equitable remuneration and private copying remuneration; additional remuneration due to performers under specific collective agreements concluded in the audiovisual field; representation agreements concluded with similar organizations abroad. The collection and distribution of remuneration are specific to each legal license. ADAMI attempts to make the distribution of the collected remuneration more effective and more transparent.

Jasrac (Giappone) The Japanese Society for Rights of Authors, Composers and Publishers is a copyright collection society. It was founded in 1939 as a non-profit making organization, and is the largest musical copyright administration society in Japan (JASRAC, n.d.). Its principal activity is to act as fiduciary of copyright rights such as recording and performing rights for songwriters, lyricists, and music publishers. It manages licensing to music users, collects license fees, and distributes the same to the rights holders. It also supervises copyright infringements and prosecutes infringers.

Harry Fox Agency (USA) HFA has long been America’s premiere licensing agent for securing mechanical licenses, working with publishers, artists, labels, and increasingly with new music services, products, and platforms (Harry Fox Agency - About us, n.d.). We are the best in the business, now part of the first US Music Rights Organization, SESAC Inc, along with SESAC and Rumblefish (micro-licensing, deal administration, and data support). Together, they are creating a streamlined, one-stop shop for music licensing and royalty generation.

PRS (UK)

PRS (Performing Right Society) and MCPS (Mechanical Copyright Protection Society) are two separate collection societies with PRS running its own operations, providing services to MCPS under the name PRS for Music (PRS for Music, 2017, December 05). It represents their songwriter, composer and music publisher members’ performing rights, and collects royalties on their behalf whenever their music is played or performed publicly. They pay royalties to their members when their work is performed, broadcast, streamed, downloaded, reproduced, played in public or used in film and TV.

ASCAP (USA) The American Society of Composers, Authors, and Publishers is an American not-for-profit performance- rights organization (PRO) that protects its members' musical copyrights by monitoring public performances of their music, whether via a broadcast or live performance and compensating them accordingly (About ASCAP, n.d.).

KOMCA (Korea) The Korea Music Copyright Association is a South Korean non-profit copyright collective for musical works, administering public performance and broadcasting rights, and mechanical recording and reproduction rights. Founded in 1964 (Korea Music Copyright Association, 2017, November 28), it is the second collective rights management organization for musical works in Asia, after JASRAC in Japan. Copyright owners include authors, composers, arrangers, and music publishers (Korea Music Copyright Association, 2018, January 25).

BMI (USA) Broadcast Music, Inc. is one of three United States performing rights organizations, along with ASCAP and SESAC. It collects license fees on behalf of songwriters, composers, and music publishers and distributes them as royalties to those members whose works have been performed (BMI, n.d.).

STIM (Sweden) Svenska Tonsättares Internationella Musikbyrå, is a Swedish collecting society for songwriters, composers and music publisher. Its role is to act as an agent for its members in order to collect license fees whenever their musical works are performed in public, broadcast or transmitted, and to pay out performing royalties (STIM, 2018, January 28).

SABAM (Belgium) 7

SABAM is one of the Belgian not a ministry or semi-governmental organization. associations of authors, composers and publishers. The bilingual acronym stands for "Société d'Auteurs Belge – Belgische Auteurs Maatschappij" (SABAM, n.d.). It is a collective management organization that has adopted the legal form of a limited liability cooperative company. It is therefore not a ministry or semi-governmental organization. Its goal is the collection and distribution, administration and management of all authors' rights in Belgium and in the other countries where reciprocity agreements have been concluded.

3. FLOWCHART

4. PUBLISHING ARGUMENTATION

When looking at the credits, it can be seen that there is not a single author nor producer. There are several authors; Maseo (Vincent Mason), Posdnuos (Kelvin Mercer), Trugoy the Dove (David Jude Jolicoeur), Jae Mason, Estelle (Estelle Fanta Swaray) & Pete Rock (Peter O. Philips), while the production party consists of Supa Dave West, Pete Rock & De La Soul.

De La Soul This group consists of three artists: Maseo (Vincent Mason), Posdnuos (Kelvin Mercer) and Trugoy the Dove (David Jude Jolicoeur). When it comes to their success as individuals, it can be considered as relatively smaller, compared to when joined forces they have created a group well-known for its frisky wordplay, innovative sampling, and witty skits. In the production process of releasing the single Memory of …(US), every member would probably consider closing a deal as a group, which would be the ‘Co-publishing Fund Contract’. Here the songwriter and the music publisher would become "co-owners" of the copyrights in the musical compositions, splitting the royalties 50/50.

Estelle (Estelle Fanta Swaray) Estelle, a British singer, songwriter, rapper, record producer, and actress, can be defined as a very successful artist combining various music genres into her own authentic pieces of art. During her blossoming career, she has released numerous critically acclaimed records and one of her moments of tribute and great joy was receiving a Grammy Award. She is a solo artist but has been collaborating with many famous musicians. When it comes to publishing agreements, since she is a very prominent artist she would probably go for ‘Administration Deal’, allowing her to ask for a royalty split.

Pete Rock (Peter O. Philips) Pete Rock, an American record producer, DJ and rapper, he used to collaborate with CL Smooth as a duo, but after they split up Pete has taken a road of a solo artist. After such happenings, his career has skyrocket and garnered him respect all over the world. He has produced many famous beats for many well-known artists, such position in the music industry would make him consider signing an ‘Administration Deal’, when it comes to the production and writing of Memory of …(US).

Jae Mason

Jae Mason has been involved in the production process in a way that his original song Diana has been used as a sample for the Memory of… (US). Therefore, he would sign an agreement called ‘Single Song Agreement’, where he would get paid a one-time recoupable deposit/advance. With such deal between the writer and the music publisher, the writer, Jae, grants particular rights to the previously mentioned publishers for the song.

Supa Dave West Supa Dave West is a music producer from Queens, New York. The roots of his music career started in a church, as a director. After several years he has slowly transformed into a music producer, developing a notably authentic, drum specific melodic arbitrary style. As one of the producers of Memory of… (US) he would probably sign a ‘Co-publishing Fund Contract’, which would keep him in the position of a co-publisher, granting him split of the royalties.

Decide if you want to arrange for a publishing deal. Yes, we would like to arrange for a publishing deal.

If so, why? All the talented individuals, who participated on the production of the chosen song have walked a long path to earn the spot they have today in the current music industry. Each and every single one of them is captivating in an authentic way, both as a person and as well as an artist. When it comes to the production of Memory of… (US), we think that the present deal that is prevailing for this song is ‘Administration Deal’. Such deal puts the publishers into a role of an administrator, allowing them to exploit the copyrights for any other copyright owner. This though focuses mostly on the administration aspects of a deal and puts the handling aspect of the song’s rights into the background. In such case, if a new deal would be settled, it would open new door to the income flow, revitalizing the single’s position on the market.

If so, which publisher would you prefer/target? The music publisher we would prefer is Reach Music. This company can be defined as an independent music publisher, providing creativity and great business representation for professionals in the music industry. Since Reach Music operates globally and most of the artists, who took part in producing the chosen single, are well-known all over the world; it would provide them with a worldwide royalties’ collections and boundless recognition over various types of media, generating increased value for the art work.

If so, what kind of music publishing deal and why? The music publishing deal we would propose, would be ‘Co-publishing Fund Contract’. Even though the song is not an extremely famous piece from De La Soul, its popularity is quite big, thus we would suggest setting up a 50/50 deal for 4 years, asking for the administration all over the world together with an advance.

5. CO-PUBLISHING DEAL

Composers’ Names & Address: Trugoy the Dove (David Jude Jolicoeur), Brooklyn, New York, United States of America Maseo (Vincent Mason), Brooklyn, New York, United States of America Posdnuos (Kelvin Mercer), The Bronx, New York, United States of America

Date: November 26, 2016

Reach Music 321 North Pass Avenue Suite 500 Burbank, CA 91505 United States of America (818) 841-8222

For services of De La Soul/ Memory of…(US)

1. De La Soul hereby grants, assigns, transfers and delivers to Reach Music, together with its successors and assigns, encompassing all of De LA Soul’s rights, title, musical content and interest all over the world in the original versions of all the musical compositions written and composed by De La Soul entitled, in the percentages stated as the composition. Such composition can be elaborated on terms of including all its essential elements, such as the title, words used and said and music, thereof, all worldwide rights therein, all copyrights therein and thereto, all registrations with respect thereto, and the exclusive right to arrange and secure the copyrights and any extensions and renewals of those copyrights in the same and in any arrangements and adjustments 12

thereof, all throughout the world, and any and all other rights, claims and demands that De La Soul now has or to which De La Soul might be entitled or that De La Soul hereafter could or might secure throughout the world with respect thereto if these presents had not been set, and to have and to hold the same entirely and eternally unto Reach Music, its successors and assigns, subject only to any existing deals between De La Soul and Reach Music and De La Soul’s performing rights affiliate.

2. De La Soul hereby authorize and present that the mentioned composition is their sole and exclusive work, of which the title and lyric was composed by them, that said composition is new, and where the music was composed and written by Pete Rock, where a case of the usage of copyrighted works occurs, when Pete Rock implemented a sample from the original composition of Jae Mason’s Diana. De La Soul hereby warrants that the title, lyric and music are not a case of infringement of any other copyrighted works, the they have the full power to become a part of entering into this Agreement, that said composition has not heretofore been published, that said composition is guiltless and does not comprise of any matter which, if published or used in any other way, will be proprietary right at common law or any statutory copyright or penal regulation, and that they will stay harmless and protect and defend Reach Music against any type of claim, suit, demand or recovery by distressing or injurious matter in the said composition, actual or claimed and Reach Music is hereby granted the right, in an event of any such claim/s, to make such protection as may be recommended by counsel costs and counsel fees, therefore, together with any harms or destructions sustained and amounts of any such agreements shall be charged to and paid for by De La Soul.

3. In terms of this Agreement, Reach Music consents to pay De La Soul cooperatively, throughout the primarily original and renewal terms of the copyright over the world as follows:

(a) To De La Soul: Songwriter royalties are equivalent to Fifty Percent (50%) of any and the entire net sums actually received (fewer any actual, third party, out-of-pocket costs for collection) by Reach Music in the entire area of United States from the exploitation of the Composition(s).

(b) To Reach Music: Fifty percent (50%) of any and the entire net sums actually received, excluding an administration fee that shall not exceed over fifteen percent (15%) of Reach Music’s gross earnings hereunder (as listed in the section 3(i) below) less any actual, third party, out-of-pocket expenses for compilation by De La Soul in the United States from exploitation of the Composition. In order to avoid

any cause of doubt, payments made to Reach Music shall be calculated and finalized once the payment of any songwriter royalties is completed.

(c) De La Soul shall obtain the De La Soul’s share of public performance royalties all over the world straight from De La Soul’s own affiliated performing rights society and shall have zero claim/s whatsoever against Reach Music for any type of royalties received by both of them from every performing rights society, making the payment go directly (or indirectly other than via Reach Music) to all the authors, writers and composers. If, however, Reach Music will assemble both the De La Soul’s and “Reach Music’s” share of performance income directly and such income shall not be assembled by De La Soul’s public performance society, Reach Music shall pay to De La Soul fifty percent (50%) of all such net sums which are obtained by Reach Music in the area of United States from the exploitation of such rights in the Compositions all over the world, paid exclusive of deduction and exclusive of regards to recoupment – one hundred percent (100%) of the writer’s share.

(d) Reach Music shall not be obliged to pay any royalties on a rational amount of professional or complimentary printed copies of the Composition or copies of mechanical derivatives of the Composition, where its distribution takes place free of charge to performing artists, worship leaders, disc jockeys, bloggers, and/or other alike figures, but as well for any advertising, promotional or exploitation aims. Moreover, no royalties shall be payable to De La Soul on consigned copies of the Composition except it is paid for, and not till such time as an accounting therefor can accurately be completed.

(e) If De La Soul submits a Composition without lyrics, for the purpose of Reach Music replenishing the Composition with a well-fitting lyric, Reach Music approves to acquiring the De La Soul’s former written consent before signing off on the final version of the copyright. In such cases, De La Soul accepts that all royalties will be divided equally amongst De La Soul and the writer/s of the lyrics. Reach Music shall have the right to produce a variety of printed arrangements of the Composition. In the event that Reach Music creates a vocal and/or instrumental arrangement to be made by somebody else rather than De La Soul, the previously mentioned royalties shall be distributed equally amongst De La Soul and the one who arranges it.

(f) Excluding as herein explicitly provided, no extra royalties or monies shall be paid to De La Soul. In no occasion shall De La Soul be entitled to share in any type of advance payments, guarantee payments 14

or minimum royalty payments which Reach Music may obtain in relation to any sub-publishing agreement, collection agreement, licensing agreement or any other type of agreements covering the Composition, except such payments are exclusively linked to Composition and in excess of $2,000.

(g) All actual third party, out of pocket administrative and exploitation expenses of Reach Music with regards to respecting the Composition incorporated, without limitation, copyright registration fees, advertising and promotion costs directly associated with the Composition, the costs of transcribing for lead sheets, the expenses of producing demonstration records to the extent such expenses are no longer recoupable from De La Soul’s or any other writers’ royalties, auditing fees, shall be distributed amongst De La Soul and Reach Music as follows: 50% to De La Soul, 50% to Reach Music, in conformity with the percentages defined herein. Consequently, fifty percent (50%) of any such costs shall be recoupable from royalties earned by De La Soul hereunder. I. In the case of Reach Music loses its publisher role in an individual composition as the outcome of the parties entering into a co-publishing agreement with one or more third party publishers by operation of Paragraph 18 (a) and related terms, all new costs with respect to this individual composition shall be allocated as reflected therein.

II. In the case of an individual composition is transported into a multiple-party co-publishing relationship by operation of Paragraph 18 (b) and associated terms, all new costs with respect to this individual composition shall be allocated as reflected therein.

(h) Nevertheless, the foregoing subparagraphs, all percentages mentioned above shall be condensed automatically according to the Paragraph 18, below.

(i) With regards to gross receipts obtained by Reach Music in the United States that are acquired from a single Composition itemized on the attached Assignment of Copyright, in the case of the annual gross receipts gathered on this specific Composition fall below Five Hundred Dollars ($500.00), as calculated throughout the twelve month period instantly following the date which is ten years after the active date of this Agreement, or in any following annual twelve month period, De La Soul shall be entitled to cause Reach Music to rearrange all of their respective concern of this particular Composition to De La Soul. Although the foregoing, De La Soul shall not have the option to exercise this provision if Reach Music, as the circumstance may be, has allocated any of its interest in this specific Composition to any third party (including, but not limited to, Capitol CMG Publishing). De La Soul may exercise De La Soul’s re-assignment right hereunder by just a written notice to Reach 15

Music. In the case of an individual Composition itemized on the attached Assignment of Copyright is rearranged by Reach Music to De La Soul, all licenses issued by Reach Music former to such rearrangement, and as those licenses may be prolonged, shall endure in effect and Publisher shall have the right to remain receiving royalties derived from such licenses.

4. Within sixty days after each semi-annual period taking place every year, Reach Music will arrange and furnish semi-annual statements to De La Soul hereunder, and each such statement shall be complemented by a payment of any and all sums shown to be due thereby, after deduction of any and all recoupable costs or advances to De La Soul, as the situation may be. In respect to print royalties only, for Reach Music’s proprietary products in physical formats, Reach Music shall have the right to retain as a reserve against returns, thirty-five (35) percent reserve settled over two accounting periods. De La Soul shall notify Reach Music in addressing of any specific objection to such statements no later than two years after the date thereof. Any type of objections, questions, or disputes concerning any such statement shall be relinquished by De La Soul, as the event may be, unless such written objection is delivered to Reach Music within the two-year period. De La Soul, a certified public accountant, an attorney or a qualified representative, experienced in music business audits, in De La Soul’s behalf may, at De La Soul’s expense, at realistic intervals, examine Reach Music books insofar as same concern De La Soul, during Reach Music’s usual business hours and upon no later than thirty days written notice, for the purpose of validating the accuracy of any statements rendered to De La Soul hereunder. Reach Music’s books relating to activities throughout any accounting period may only be inspected as aforesaid during the two-year period following the date of the statement for said accounting period. If Reach Music shall not receive payment in United States dollars in the United States in regards of any exploitation of the Composition, royalties in regards thereof shall not be credited to De La Soul’s royalty account hereunder. Reach Music shall, however, if Reach Music has the ability to do so, agree to such payments in foreign currency and deposit in a foreign bank or other depository, at De La Soul’s expense, in such foreign currency such amount thereof, if any, as shall become equal to the royalties which would have essentially been payable to De La Soul hereunder in respect of such exploitation had such payments been made to Reach Music in United States dollars in the United States, and Reach Music shall notify De La Soul thereof straightway. Deposit as aforesaid shall fulfil Reach Music’s royalty responsibilities hereunder as to such exploitation.

5. Throughout the Term, De La Soul hereby grants to Reach Music the right to make a use out of and publish and to permit others to use and publish De La Soul’s name (including any professional name heretofore or hereafter adopted by De La Soul), accepted likeness and accepted biographical material, or any reproduction or simulation thereof and the title of the Composition in relation with the printing, sale, advertising, distribution and exploitation of music, folios, recordings, performances, player rolls and otherwise regarding the Composition.

6. De La Soul hereby approves that Reach Music has the right hereunder to substitute a new title or titles for the Composition, and to create adaptations, arrangements, translations, dramatizations and transpositions of the Composition, in whole or in part, and in connection with any other musical, literary or dramatic material. Reach Music can only add new lyrics to the music of the Composition or new music to the lyrics of the Composition with the written permission of the De La Soul. De La Soul hereby waives any and all claims which De La Soul holds or may hold against Reach Music, its associates, affiliates and subsidiaries by reason of the fact that the title of the Composition may be the same as or similar to that of any other musical compositions heretofore or hereafter acquired by Reach Music.

7. De La Soul do hereby irrevocably empower and appoint Reach Music, or any of its officers, De La Soul’s true and lawful attorney (with full power of substitution and delegation) in De La Soul’s name, and in De La Soul’s place and stead, or in Reach Music’s name, to take and do such action, and to make, sign, execute, acknowledge, deliver, and record any and all instruments or documents which Reach Music, from time to time, may deem desirable or necessary to vest in Reach Music, its successors, assigns and licensees, any of the rights granted by De La Soul hereunder, including, without limitation, such instruments or documents required to secure to Reach Music copyright registration and protection for the Composition for the full term of copyright and for any extensions thereof. Reach Music shall give De La Soul five business days’ notice before signing any document in De La Soul’s name, provided Publisher may dispense with that waiting period when necessary, in Reach Music’s judgment, to protect or enforce Reach Music’s rights. As a non-material obligation, Reach Music’s shall provide De La Soul with copies of documents signed by Reach Music in De La Soul’s name.

8. De La Soul shall not transfer nor assign this Agreement nor any interest therein nor any sums that may be or become due hereunder without the prior written consent of Reach Music, which shall not

be unreasonably withheld. No purported assignment or transfer in violation of this restriction shall be valid to pass any interest to the assignee or transferee......

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on (November 26, 2016)

______ASSIGNMENT OF COPYRIGHT

Subject to the Co-Publishing Agreement between De La Soul and Reach Music November 26, 2016, De La Soul hereby grants, conveys and assigns to Reach Music, its successors and assigns, an undivided Fifty Percent (50%) and Reach Music, its successors and assigns, an undivided Fifty Percent (50%) interest in all of De La Soul’s right, title and interest (as described in list below) throughout the world and universe in and to the musical compositions listed below, including, without limitation, the copyright and any and all renewals and extensions thereof.

Composition: Memory of…(US) De La Soul %: Fifty Percent (50%) Reach Music %: Fifty Percent (50%) Date: November 26, 2016

IN WITNESS WHEREOF, Composer has executed this instrument on November 26, 2016. ______De La Soul and Reach Music understand and agree that their electronic signatures below represent acceptance of all of the terms contained in these combined documents. By signing this form, De La Soul and Reach Music accept all terms in these combined agreements as a single, unitary contract.

(For this section, the following source has been used: Commonhymnal, n.d.)

6. CALCULATION CASE

MAR Basic Calculation Template (s) static information

Title: Memory of Us Composer(s)/Author(s): Artist: De La Soul Year(s)/Period

Performing Rights Broadcaster/Station Pts. Per Sec. (€D)uration (scnds) Nr. Of Plays Total Everything 3FM (Radio 3?) 0,1260719 300 87 3290 Radio 2 0,1260719 300 52 1967 Q Music 0,1230316 300 45 1661 Q Music (promotional) 0,1230316 20 28 68,9

Radio 538 0,1929934 300 35 2026 RTL4 0,5712312 185 3 317 NPO3 0,3472524 60 1 0,35

Grand Total 9331

Neighbouring Rights Broadcaster/Station Pts. Per Sec. (€D)uration (scnds) Nr. Of Plays Total 3FM (Radio 3?) 0,1260719 300 87 3290 Only Radio Radio 2 0,1260719 300 52 1967 Q Music 0,1230316 300 45 1661 Q Music (promotional) 0,1230316 20 28 68,9 Radio 538 0,1929934 300 35 2026

Grand Total 9013

Mechanical Rights

Format/Product PPD (€)/Price Copyright pmnt Units sold Total Single (Physical) 1 9% 0 0 Single (Download) 1 0,07 11201 784 Performing Album (physical) 10 9% 0 0 Album (download) 10 0,07 0 0 0 0 0 0 Grand Total (€) 784

Live Performance Clubtour/Fee Above €1000,-- Ticketprice (€) 32,5 (ticket price) Commission Buma (% ) 100,00% ( x copyright payment to BUMA) Performing Capacity 2500 (number of tickets sold) Shows 7 (number of shows) Grand Total 568750

CALCULATION RESULTS

7. RELEVANCE

There are two main rights, copyright in musical works, therefore with a focus on creation, and copyright in sound recording. These rights enable musical affairs. Copyright holders can protect their works and get a fair amount of money every time their music is broadcasted or used publicly (Bargfrede, A., & Mak, C., 2009). A copyright holder must first join a Performance Rights Organization (PRO) that consents him to collect all the above-mentioned rights and subsequently, to be able to divide them equally. A PRO looks at the type of copyright appropriate to the song, and then divides them. Copyright in the music works should be divided into three parts: publisher, composer and author, and the shares are divided equally. The copyrights in the recording of the sound, however, are also divided into three parts, i.e. artist, label and musician, but are divided into unequal parts. The artist and the musician both receive 25%, while the label owns 50% (Bargfrede, A., & Mak, C., 2009). It is essential to know your rights in music, because it is what allows you to know exactly how much you will derive from your contribution in a song. With regards to our case, many are the parties involved in the creation of the song; namely 3 artists, 6 authors and 7 musicians, this means that the parts that each one will receive will clearly be low. Another way to acquire money would be through the Neighboring Rights, which are the same as public performance rights, with the difference that the neighboring rights compensate the label and the performer, when their music is publicly performed, rather than compensate the writer only (Neighboring Rights, 24.08.2017). However, “Memory of.. (US)” is an American song, and the United States do not pay the

20 neighbouring rights. This because only the countries that have adhered the Rome Convention, which protects performers, producers of phonograms and broadcasting organizations, pay these rights, and only performers who are residents of one of these countries, or if the recording was made in one of the countries who signed the Convention are eligible to receive these royalties; and USA it is not part of the Rome Convention (Neighboring Rights, 24.08.2017).

8. EXPLOITATION

There are two other types of copyrights that are permissible for exploitation against an artist, namely the performers' rights and the master rights. The performer’s rights imply the right of artists to be paid every time their music is broadcast publicly. The rights of the interpreters are violated when, for example, a recording of a performance is recorded without the consent of the performer and the recording is transmitted, copied, imported or sold (Ilas, D. P., n.d.). The rights of the artists cannot be sold and can be asserted by the performer's representative after his death. Producers often ask artists to sign the outputs of artists who provide consent for the recording and broadcasting of a live performance. The consent of all the artists involved is necessary, regardless of whether they are principal or secondary. Once a performer gives consent, it cannot be withdrawn (Ministry of Business, n.d.). The owner of the master rights possesses the actual recording of the song's sound. These rights usually belong to the party that financed the registration. Often this is the record label if they do not provide falsehood to the artist. Allows the licensee permission to use registration for a particular project (Rightclearing, n.d.).

9. BIBLIOGRAPHY

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