DOCSLIB.ORG

Remuneration of Authors and Performers for the Use of Their Works and the Fixations of Their Performances

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Remuneration of Authors and Performers for the Use of Their Works and the Fixations of Their Performances Remuneration of authors and performers for the use of their works and the fixations of their performances FINAL REPORT A study prepared for the European Commission DG Communications Networks, Content & Technology by: Digital Agenda for Europe This study was carried out for the European Commission by Europe Economics and Lucie Guibault, Olivia Salamanca and Stef van Gompel of the University of Amsterdam Internal identification Contract number: MARKT/2013/080/D SMART 2015/0093 DISCLAIMER By the European Commission, Directorate-General of Communications Networks, Content & Technology. The information and views set out in this publication are those of the author(s) and do not necessarily reflect the official opinion of the Commission. The Commission does not guarantee the accuracy of the data included in this study. Neither the Commission nor any person acting on the Commission’s behalf may be held responsible for the use which may be made of the information contained therein. ISBN 978-92-79-47162-9 DOI:10.2759/834167 © European Union, 2015. All rights reserved. Certain parts are licensed under conditions to the EU. Reproduction is authorised provided the source is acknowledged. Contents Abstract .................................................................................................................................................................................. 1 Introduction ......................................................................................................................................................................... 2 Executive Summary ....................................................................................................................................................... 3 The current legal framework ............................................................................................................................... 3 Understanding payment flows ........................................................................................................................... 5 Analytical approach ................................................................................................................................................... 6 Statistical analysis...................................................................................................................................................... 7 Key findings .................................................................................................................................................................... 8 Policy recommendations ........................................................................................................................................ 8 Synthèse ..............................................................................................................................................................................10 Le cadre juridique actuel .....................................................................................................................................10 Comprendre les flux de paiement .................................................................................................................12 Approche analytique ...............................................................................................................................................14 L'analyse statistique ...............................................................................................................................................15 Les principales conclusions ................................................................................................................................15 Recommandations en matière de politique publique .......................................................................16 1 Introduction .............................................................................................................................................................18 1.1 Context and motivation for the study ...........................................................................................18 1.2 Objectives and scope ................................................................................................................................20 1.3 Structure of the report.............................................................................................................................21 2 The Current Legal Framework.....................................................................................................................23 2.1 Legal framework under the European acquis: overview on the nature of the rights .................................................................................................................................................................................23 2.2 Member State regulation of exploitation contracts ..............................................................32 2.3 Collective bargaining .................................................................................................................................44 2.4 What are the key legal provisions for the remuneration of authors and performers? ..................................................................................................................................................................59 3 Understanding Payment Flows ...................................................................................................................61 3.1 Overview of the music industry .........................................................................................................62 3.2 Music industry supply-chains ..............................................................................................................65 3.3 Overview of the audio-visual industry ..........................................................................................83 3.4 Supply chain of the audio-visual industry ..................................................................................88 3.5 What are the key relationships in determining remuneration for authors and performers? ............................................................................................................................................................... 101 4 Analytical Approach ......................................................................................................................................... 103 4.1 Development of theoretical framework ..................................................................................... 103 4.2 Expected values, risk sharing and incentives ....................................................................... 104 4.3 Bargaining power and expectations for contract terms ................................................. 111 4.4 The legal framework ............................................................................................................................... 116 4.5 Conclusions ................................................................................................................................................... 120 5 Approach to Statistical Analysis .............................................................................................................. 122 5.1 Data collection ............................................................................................................................................ 122 5.2 Characteristics of survey respondents ....................................................................................... 123 5.3 Approach to statistical analysis ...................................................................................................... 126 5.4 Approach to econometric analysis ................................................................................................ 127 5.5 Summary of statistical and econometric analysis .............................................................. 130 5.6 Data weaknesses and the treatment of statistical and econometric analyses in this report ................................................................................................................................................................... 132 6 Policy Recommendations ............................................................................................................................. 135 6.1 Key findings .................................................................................................................................................. 135 6.2 Policy options .............................................................................................................................................. 142 6.3 Recommendations ................................................................................................................................... 156 Appendices ...................................................................................................................................................................... 158 7 Appendix 1: Music Industry ....................................................................................................................... 159 7.1 Overview of the music industry ...................................................................................................... 159 7.2 Alternative cases......................................................................................................................................
Load more

Recommended publications
  • Lecture Outlines
    CHAPTER FOURTEEN: “SMELLS LIKE TEEN SPIRIT”: HIP-HOP, “ALTERNATIVE” MUSIC, AND THE ENTERTAINMENT BUSINESS Lecture Outlines Lecture 1: Hip-Hop and Techno I. Hip-Hop Breaks Out (1980s–1990s) A. In the mid-1980s, rap moved into the popular mainstream. B. 1986 saw the release of the first two multiplatinum rap albums: 1. Raising Hell by Run-D.M.C. a) Number Three on Billboard’s pop albums chart b) Over three million copies sold 2. Licensed to Ill by the Beastie Boys a) Number One for seven weeks b) Over seven million copies sold 3. Expansion of the audience for hip-hop music was the key to the commercial success of these albums. a) Included millions of young white fans, attracted by the rebelliousness of the genre C. Both Raising Hell and Licensed to Ill were released on a new independent label called Def Jam. CHAPTER FOURTEEN: “SMELLS LIKE TEEN SPIRIT”: HIP-HOP, “ALTERNATIVE” MUSIC, AND THE ENTERTAINMENT BUSINESS 1. Co-founded in 1984 by the hip-hop promoter Russell Simmons and the musician-producer Rick Rubin 2. Cross-promoting a new generation of artists 3. Expanding and diversifying the national audience for hip-hop 4. In 1986, Def Jam became the first rap-oriented independent label to sign a distribution deal with one of the “Big Five” record companies, Columbia Records. D. Run-D.M.C. 1. Trio: a) MCs Run (Joseph Simmons, b. 1964) and D.M.C. (Darryl McDaniels, b. 1964) b) DJ Jam Master Jay (Jason Mizell, b. 1965) 2. Adidas Corporation and Run-D.M.C.
    [Show full text]
  • An Exploration of Recording and the Music Business
    Bowling Green State University ScholarWorks@BGSU Honors Projects Honors College Spring 4-30-2017 An Exploration of Recording and the Music Business Erika Nalow [email protected] Follow this and additional works at: https://scholarworks.bgsu.edu/honorsprojects Part of the Arts Management Commons, Audio Arts and Acoustics Commons, and the Music Performance Commons Repository Citation Nalow, Erika, "An Exploration of Recording and the Music Business" (2017). Honors Projects. 258. https://scholarworks.bgsu.edu/honorsprojects/258 This work is brought to you for free and open access by the Honors College at ScholarWorks@BGSU. It has been accepted for inclusion in Honors Projects by an authorized administrator of ScholarWorks@BGSU. Erika Nalow HNRS 4990 Honors Project Conclusion An Exploration of Recording and the Music Business The following questions were initially proposed during the planning of my Honors Project. I have chosen to organize the final project results around these questions and how they were specifically answered through conducting my creative project. “Can an independent artist record, mix, produce, promote, and distribute their own original work successfully?” o To answer this part of the research thoroughly, I will give a detailed recitation of the planning and execution of this project. This project began with me writing an original song entitled “Upside Down.” After composing it, I went to my project advisor, Mark Bunce, and reserved a day in the Kuhlin Center recording studio on BGSU’s campus to record the song. I then arranged additional music for the song- writing parts for trombone, trumpet, alto saxophone, acoustic guitar, electric guitar, bass, drums, piano, and vocals.
    [Show full text]
  • Revision Guide
    Music Industry Revision Guide MUSICIAN LIVE SOUND TECHNICIAN (1) Carry out sound checks before show (1) Train and practise regularly to keep (2) Choose suitable microphones and equipment instrumental skills to a high standard (3) Position and rig-up microphones (2) Turn up on time and prepared (4) Operate the sound desk during a performance (3) Look after instrument/voice (4) Learn new music for a show (5) Perform at various venues MUSICAL DIRECTOR / Sound Desk CONDUCTOR Performance (1) Unify performers (2) Set tempo and execute clear & Creative performance indications by conducting (3) Give instructions and shape the sound Roles of the ensemble, e.g. orchestra, choir (4) Choose the music and study the scores (5) Relay ideas to performers COMPOSER/ SONG-WRITER (1) Compose music for a TV programme INSTRUMENTAL SUPPORT (2) Write a song for a famous singer (3) Keep to a deadline ROADIE (1) Takes care of instruments (4) Work with the performers to ensure (1) Carry equipment (2) Provides backline technical support for composition/song is at a suitable standard (2) Set up before event a band (5) Check and liaise with employer (whoever (3) Look after equipment (3) Gives advice to band of best equipment commissioned composition) to make sure (4) Pack away after event (4) Fixes broken guitar strings or other the music fits what is asked equipment during a show MASTERING ENGINEER: SESSION MUSICIAN (1) Does the final edit (changes) of the recording (1) Turn up on time creating the final ‘master’ version (2) Rehearse the given music and keep (2)
    [Show full text]
  • Session and Guest Musicians
    Sessionand Guert Musicians Tbe aiewsand opinions expressedin this article part of your group by virtue of their NeighbouringRights not n eant to substitute for legal adztice contribution or where they have performed Neighbouring rights are an exciting wbich should be sougbt in eacb partimlar for free. development for session musicians. While "neighbouring Youcanhelp avoid such complications by not a copyright per se, rights including in the contract a declaration that are the performance rights performers Introduction you are the exclusive owner of the entire have in their performances, the makers of right, tide and interest in and to all of the Whether you are a major label recording sound recordings have in their recordings, 'artist masters that are the subject matter of the or an independentmusician paying for and broadcasters have in the communication Agreement (Sanderson,3lT), free of any (Paul own recording, you may occasionally signals they broadcast" Sanderson's, claims bythe session musician. Furthermore, ire a sessionmusician to record tracks on Musicians and the Lazl In Canada, pg. 15). you may stipulate that the session musician your record.Session musicians could include Neighbouring rights became statutory after irrevocably assigns to you, in perpetuity, all backupvocalist, cello players,a hot guitar t l99V amendment to the Copyright Act, ffia righs in and to said recordinp, thus ensuring and shortly thereafter the Neighbouring brought in to spiceup a recording, "hired S Nplayer that the gun" retains no stock in the * =ffio. it could include an entire bandbrought Rights Collective of Canada (I\trRCC) was material beyond fulfillment of the to playbehindavocalist.
    [Show full text]
  • Career Challenges Musicians Face in the United States Ying Zhen, Ph.D
    This is a preliminary draft. Please do not cite or circulate without the permission of the author. Career Challenges Musicians Face in the United States Ying Zhen, Ph.D. Associate Professor of Business and Economics Wesleyan College Macon, GA, U.S.A. Phone: 478-757-3917 Email: [email protected] Abstract1 This study summarizes and analyzes the challenges and opportunities that musicians face in the United States, based on a survey of 1,227 musicians in the U.S. in 2018, which was conducted by the Music Industry Research Association (MIRA) and the Princeton University Survey Research Center, in partnership with MusiCares. The results reveal that although “artistic expression” is highlighted as musicians’ favorite aspect of being a musician, 61 percent of musicians’ music- related income is not sufficient to meet their living expenses. Such a share among male musicians is slightly lower than that of female musicians: 58.4 percent vs. 66.3 percent, respectively. However, such a share among white musicians is significantly lower than that of non-white musicians: 57.0 percent vs. 75.5 percent, respectively. The average American earns income from 3.5 music-related activities per year. The most common income source is live performances, followed by music lessons and performing in a church choir or other religious service. MusiCares membership has a negative effect on music-related earnings. All else being equal, musicians with a MusiCares membership make about 40% less music-related income than those without the membership. This might be in consistent with the role MusiCares plays as the charitable arm of the Recording Academy.
    [Show full text]
  • Unit 1 – the Music Industry Revision Guide
    Unit 1: The Music Industry Revision Guide Contents Job Roles 1 Musician | Composer/Song Writer 1 Record Producer 2 Conductor | Live Sound Technician 3 Roadie 4 Instrument Technician | Artistic Manager 5 Venue Manager 6 Studio Manager | Promoter 7 Marketer 8 A&R | Sound Engineer 9 Session Musician 10 Mastering Engineer | Manufacturer 11 Music Journalist/Blogger 12 Broadcaster | Software Programmer/App Developer 13 DJ 14 Retailer | Distributer 15 Employment Types 17 Full Time | Part Time 17 Freelance/Self | Permanent Vs Casual 18 Venue 19 Large Venues | Medium/Small Venues 19 Health, Safety and Security 20 Organisations 21 Recording Companies/Record Labels 21 Major Labels 21 Sub Labels 22 Independent Labels 22 Music Publishing 23 Self Publishing 24 Promotion Companies | PR and Marketing Companies 25 Hire and Transport Companies 26 Agencies, Unions and Trade Bodies 27 Agencies 27 Unions 28 Trade Bodies 29 Job Roles Musician A musician is someone who performs music through the playing of an instrument or singing. Musicians play many different styles of genre’s, from Jazz to Pop, from Classical to Folk. Musicians main responsibilities are: Train and practise regularly to keep skills to Why is it difficult to be a a high standard professional musician? Turn up to rehearsals on time and ready to play Ed Sheeran Look after their instrument or their voice (Guitarist and Learn new music for a show. Vocalist) How do Musicians relate to other job roles? Record Producer Oversee and manage the recording of the Musician. Coach the artist in the studio. Conductor Direct the Musician in rehearsal, helping them to develop.
    [Show full text]
  • Learning Aim B Understand Job Roles in the Music Industry Know Who Is
    Unit 1: Learning Aim B Understand Job roles in the Music Industry Know who is responsible for each activity, why and how things are done and what are their advantages and disadvantages of relying on individuals for individual services in relation to the key stages of the production time line. Performance Creative Roles – people involved with writing and performing music 1. Musician Examples: Orchestral player, vocalist, accompanist, DJ, Programmer, solo artist – self-employed or freelance. Responsibilities: 1. Train and practice regularly to keep skills to a high standard – proficient on their instrument 2. Auditioning for musician roles 3. Attending rehearsals to include technical and dress rehearsal, on time and prepared 4. Taking part in performances and workshops 5. Marketing and promoting own work 6. Look after instrument (including voice) 7. Learn new music for a show 8. Work well as part of a team 9. Maintaining/setting up and tuning of equipment Skills: a) Ability to improvise and play by ear b) Being technically proficient on an instrument c) Passion for Music and desire to perform Managers Other (once artists signed) Record Producer companies Media - Sound TV,radio Engineers Musicians etc 1 2. DJ/Remixer Examples: Clubs, discos, host concerts, gigs. Responsibilities: 1. Remixes – takes elements of a song and combines them with new ideas to create a new song. 2. Introduce Music, commercials etc. 3. Putting records/CD’s on turntable and controlling sound Skills: a) A good knowledge of production techniques b) Interest and skill in music technology c) Good speaking voice and ability to project personality. DJ Club Radio owners Studio Technical audience manager people 3.
    [Show full text]
  • THE GARY MOORE DISCOGRAPHY (The GM Bible)
    THE GARY MOORE DISCOGRAPHY (The GM Bible) THE COMPLETE RECORDING SESSIONS 1969 - 1994 Compiled by DDGMS 1995 1 IDEX ABOUT GARY MOORE’s CAREER Page 4 ABOUT THE BOOK Page 8 THE GARY MOORE BAND INDEX Page 10 GARY MOORE IN THE CHARTS Page 20 THE COMPLETE RECORDING SESSIONS - THE BEGINNING Page 23 1969 Page 27 1970 Page 29 1971 Page 33 1973 Page 35 1974 Page 37 1975 Page 41 1976 Page 43 1977 Page 45 1978 Page 49 1979 Page 60 1980 Page 70 1981 Page 74 1982 Page 79 1983 Page 85 1984 Page 97 1985 Page 107 1986 Page 118 1987 Page 125 1988 Page 138 1989 Page 141 1990 Page 152 1991 Page 168 1992 Page 172 1993 Page 182 1994 Page 185 1995 Page 189 THE RECORDS Page 192 1969 Page 193 1970 Page 194 1971 Page 196 1973 Page 197 1974 Page 198 1975 Page 199 1976 Page 200 1977 Page 201 1978 Page 202 1979 Page 205 1980 Page 209 1981 Page 211 1982 Page 214 1983 Page 216 1984 Page 221 1985 Page 226 2 1986 Page 231 1987 Page 234 1988 Page 242 1989 Page 245 1990 Page 250 1991 Page 257 1992 Page 261 1993 Page 272 1994 Page 278 1995 Page 284 INDEX OF SONGS Page 287 INDEX OF TOUR DATES Page 336 INDEX OF MUSICIANS Page 357 INDEX TO DISCOGRAPHY – Record “types” in alfabethically order Page 370 3 ABOUT GARY MOORE’s CAREER Full name: Robert William Gary Moore. Born: April 4, 1952 in Belfast, Northern Ireland and sadly died Feb.
    [Show full text]
  • STEVEN POTACZEK 4309 Lakeshore Cv, Birmingham, AL 35242 · (317) 450-7519 [email protected] · ·
    STEVEN POTACZEK 4309 Lakeshore Cv, Birmingham, AL 35242 · (317) 450-7519 [email protected] · www.linkedin.com/in/stevenpotaczek · www.hereaftermusic.com EDUCATION AUGUST 2012 MASTERS OF SCIENCE IN MUSIC TECHNOLOGY, INDIANA UNIVERSITY Passed with Distinction | Thesis: “Music Technology Pedagogical Methods” MAY 2002 BACHELOR OF ARTS IN MUSIC BUSINESS, ANDERSON UNIVERSITY Graduated with honors Cum Laude | Minor: Christian Ministry ACADEMIC APPOINTMENTS 2019 – PRESENT ASSISTANT PROFESSOR, SAMFORD UNIVERSITY Fully developed a new undergraduate program that results in a B.A. in Commercial Music (NASM approval pending) with 4 unique concentration areas: • Music Business • Songwriting • Music Production • Live Performance and Touring 10 new courses were developed and are now being taught: • Introduction to Music Business • Music Business Revenue Streams • History of American Popular Music • Songwriting • Recording Techniques I • Recording Techniques II • Music Production • Live Performance and Touring • Commercial Music Ensemble • Commercial Music Seminar Furthermore, applied studies in 6 new areas previously unavailable at the university will be offered as a result of the program (guitar, bass, drums, songwriting, music production, keyboard programming). 2020 - PRESENT ADJUNCT INSTRUCTOR, ALABAMA SCHOOL OF FINE ARTS Created and teaching several pioneering courses in areas of music technology, production, and songwriting to select high school students from across the state of Alabama. Speaking at weekly music seminars on similar topics. 2008 – 2019 ADJUNCT PROFESSOR, ANDERSON UNIVERSITY Designed and taught curriculum for several new courses within the Music Business department: • Music Production • Artist Development • Booking and Concert Promotion • Introduction to Music Business • Record Label Management 2019 ADJUNCT INSTRUCTOR, BUTLER UNIVERSITY Taught Applications in Creative Media to students from multiple undergraduate programs across disciplines of music production/technology, film and TV production, marketing, and web development.
    [Show full text]
  • Property of Tenstrings Music Institute Nigeria –
    PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org Chapter 21 Introduction to Music Business The business of music There are two music worlds. There is the world of pure music, which involves the creative side of things, songwriting. rehearsing, and performing, and there is another world which must come into play IF you truly want people to hear your music...the Music Business. Making music and making a living from your music are not the same thing. When it comes to getting your music into the marketplace you must fasten your seat belt and get exposed to the world of music business. How does it work? From writing your song and copyrighting it to finding a good record producer, getting the job out of the studio, promoting the song, getting a record deal, signing contracts, releasing an album and marketing it, all the way to getting booked for every major gig. You need to know how it works. Did you know that the Supply of Existing Marketable Music Is Greater Than Any Demand For New and Unknown Music? You have to make people aware of your music, and You have to create the demand for it, by getting the attention of the various gatekeepers in the record business and in the media who control the access areas for exposing new music (the record labels, distributors, stores, and live venues, as well as radio, TV, and the print media). No one is sitting at home waiting for you to release your music.
    [Show full text]
  • Calendar Item Press Release Larry Coryell Live in Concert January 10
    Media Contact: Jane Onojafe 925.931.4855 [email protected] FOR IMMEDIATE RELEASE December 16, 2014 Calendar Item Larry Coryell – Guitar’s ‘Godfather of Fusion.’ Live in concert Saturday, January 10, 8:00 p.m. at the Firehouse Arts Center in Pleasanton. Larry Coryell continues to be hailed as master performer, recording artist, composer, innovator, and mentor. More than 100 albums over the past 45 years. Acclaimed session musician with Jimmy Webb, The 5th Dimension, Chick Corea, John McLaughlin...a true Renaissance musician who excels at all musical styles, including jazz, rock, classical. Composer of orchestral and chamber works. If you love guitar, you can’t miss the master in live performance. Reserved seating tickets are $28.00 - $38.00; available at www.firehousearts.org, 925-931-4848, or at the center Box Office, 4444 Railroad Avenue, Pleasanton. Press Release Larry Coryell Live in Concert January 10 Guitar’s ‘Godfather of Fusion’ Pleasanton, Calif. He is one of the greats. Larry Coryell has recorded over 100 albums/CD's (and is still recording), performed with Miles Davis and Jimi Hendrix (to name-drop just a few), is in many a Jazz History book, has graced the front page of The Rolling Stone magazine and the inside pages of many others including Guitar Player, and is still touring the world over. Larry Coryell in Concert, Firehouse Arts Center, Saturday, January 10, 8:00 p.m. Reserved seating tickets for Larry Coryell in Concert are $28.00 - $38.00, and can be purchased online at www.firehousearts.org, by calling 925-931-4848, and in person at the Box Office, 4444 Railroad Avenue, Pleasanton.
    [Show full text]
  • Careers in Music List
    Music-Related Careers Dennis Mauricio Broadcasting - Television & Radio Instrument Repair & Design Program Director Piano Tuner-Technician Creative Director Wind or String Instrument Repair & Restoration Research Director Bow Rehairer & Restorer Music Director Electronic Instrument Technician Disc Jockey Facilities (Resident) Audio-Visual Technician Video Jockey Instrument Manufacturing Electronic Instrument Design & Research Church Music Minister of Music Legal Services Worship Leader Entertainment Business Lawyer Choir Director Copyright Lawyer Church Organist Copyright Researcher Vocalist, Singer Paralegal Cantor Music License Administrator Gospel Music (performance, recording) Copyright / Clearance Administrator Composing, Arranging, & Orchestrating Music Business & Management Film & TV Music Composer Talent Agency Manager Music Supervisor for Film & TV Booking Agent Post-Production Scoring Business Manager Educational Films Personal Manager Educational Band & Orchestra Music Professional Manager (Song Plugger) Production Music Library Music Publisher Computer Multimedia & Game Music composer Stage Manager Jingles & Advertising Music Nightclub Manager Musical Theater (Song Writer) Orchestra / Symphony Manager Music Arranging & Orchestration Personnel Director for Symphony Music Editing Promotion Manager Music Copyist Concert Promoter Music Transcriber Concert Hall Manager Concert Hall Marketing Director Computer Technology Musician’s Union Agent Music Software Programmer Multimedia Development: Sound & Music Music Education & Teaching
    [Show full text]