music content ip: the building blocks of the music business donald r. simon, j.d./ll.m. kaplan...

Music Content IPMusic Content IP::The Building Blocks The Building Blocks

of the Music Businessof the Music Business

Donald R. Simon, Donald R. Simon, J.D./LL.M.J.D./LL.M.

Kaplan UniversityKaplan University

Agenda:Agenda:

• Welcome!Welcome!

• About Prof. About Prof. SimonSimon

• About youAbout you

• SyllabusSyllabus

• Discussion Discussion threadsthreads

• Academic Academic integrityintegrity

• LectureLecture

• AssignmentsAssignments

Me:Me:

• 8 years of legal experience 8 years of legal experience concentrating in the areas of concentrating in the areas of entertainment and IP.entertainment and IP.

• 7 years of experience teaching legal 7 years of experience teaching legal and business issues to aspiring artists.and business issues to aspiring artists.

• Attended The John Marshall Law Attended The John Marshall Law School in Chicago.School in Chicago.

• J.D.J.D. and and LL.M.LL.M. in Intellectual in Intellectual Property.Property.

Me:Me:

• Prior to becoming an attorney, worked Prior to becoming an attorney, worked in broadcasting for seven years in in broadcasting for seven years in various production, programming, and various production, programming, and management roles.management roles.

• Professional musician (bass guitar).Professional musician (bass guitar).

• Owner, Simon Business Consulting, Owner, Simon Business Consulting, Inc.Inc.

Contact Me:Contact Me:

• EmailEmail: : [email protected]@kaplan.edu

• AIMAIM: musiclawyersimon: musiclawyersimon

• PhonePhone: 816.728.6948: 816.728.6948

• FBFB: facebook.com/donald.simon: facebook.com/donald.simon

• LinkedinLinkedin: Search “Donald R. Simon”: Search “Donald R. Simon”

• TwitterTwitter: @simonbizconsult: @simonbizconsult

Syllabus:Syllabus:

• Course informationCourse information

• Seminar and office hoursSeminar and office hours

• Course materialsCourse materials

• Course calendarCourse calendar

• Grading criteria and scaleGrading criteria and scale

• Incomplete and late work policiesIncomplete and late work policies

Syllabus:Syllabus:

• ProjectsProjects

• SeminarsSeminars

• Discussion boardsDiscussion boards

• Attendance/tardiness policyAttendance/tardiness policy

• NetiquetteNetiquette

• Kaplan support systemsKaplan support systems

Academic Integrity:Academic Integrity:

• KU upholds the high standards of KU upholds the high standards of ethical integrity.ethical integrity.

• In practical terms?In practical terms?

• PlagiarismPlagiarism is to be avoided is to be avoided atat allall costscosts..

• Students should do their own work.Students should do their own work.

Plagiarism:Plagiarism:

• As Diane Hacker writes in As Diane Hacker writes in Rules for Rules for WritersWriters (6 (6thth ed.), plagiarism is: ed.), plagiarism is:

1.1. not citing quotations or ideas of not citing quotations or ideas of others;others;

2.2. failing to place language of others in failing to place language of others in quotations; andquotations; and

3.3. failing to put summaries or failing to put summaries or paraphrases in your own words (p. paraphrases in your own words (p. 480).480).

Plagiarism:Plagiarism:

• KU subscribes to a 3KU subscribes to a 3rdrd party party plagiarism detection service.plagiarism detection service.

• Academic dishonesty may result in Academic dishonesty may result in the following:the following:

• 11stst Offense Offense: failure of the assignment.: failure of the assignment.

• 22ndnd Offense Offense: failure of the class.: failure of the class.

• 33rdrd Offense Offense: expulsion from KU.: expulsion from KU.

The Music BusinessThe Music Business


• In this course, we will explore all In this course, we will explore all aspects of the music business as aspects of the music business as it relates to revenue-generating it relates to revenue-generating and exposure-generating and exposure-generating sources for the content creator.sources for the content creator.

• The music business is multi-The music business is multi-layered and complicated.layered and complicated.


• Intellectual propertyIntellectual property::

• Copyrights (songs, music, etc.)Copyrights (songs, music, etc.)

• Rights of publicity (name, image, Rights of publicity (name, image, any indicia of who they are)any indicia of who they are)

• Trademarks (stage name, group Trademarks (stage name, group name, etc.)name, etc.)


• It’s tough for artists to go at it It’s tough for artists to go at it alone.alone.

• They need people around them to They need people around them to help protect their biz interests help protect their biz interests and intellectual property, and and intellectual property, and sometimes protect them from sometimes protect them from themselves.themselves.

• They need a team of advisors.They need a team of advisors.

The Team of AdvisorsThe Team of Advisors

• The teamThe team::

• Personal managersPersonal managers

• Business managersBusiness managers

• AttorneysAttorneys

• AgentsAgents

• Each plays a valuable role.Each plays a valuable role.

• Free the artist up to: Free the artist up to: create and create and performperform..


• Personal managersPersonal managers::

• Probably first member of the team.Probably first member of the team.

• Help with major biz decisions, such Help with major biz decisions, such as the recording deal, publishing as the recording deal, publishing deal, etc.deal, etc.

• Help in the creative process.Help in the creative process.

• Promote artists’ careers and Promote artists’ careers and introduce them to the industry.introduce them to the industry.



• Help assemble the rest of the team.Help assemble the rest of the team.

• Coordinate concert tours.Coordinate concert tours.

• Work with record companies to Work with record companies to maximize advertising and marketing maximize advertising and marketing efforts.efforts.

• Act as a buffer.Act as a buffer.



• Get paid typically 15% to 20% of an Get paid typically 15% to 20% of an artist’s earnings.artist’s earnings.

• Contract terms from six months to Contract terms from six months to several years.several years.

• Experience/established manager vs. Experience/established manager vs. young/inexperienced manager.young/inexperienced manager.


• Business managersBusiness managers::

• Ensure all the finances are straight.Ensure all the finances are straight.

• Monitor different revenue streams: Monitor different revenue streams: recordings, publishing, tours, books, recordings, publishing, tours, books, merchandise, licensing, etc.merchandise, licensing, etc.

• Advise on investment opportunities. Advise on investment opportunities.

• Be extremely careful when selecting Be extremely careful when selecting a business manager!a business manager!


• Business managersBusiness managers::

• Get paid typically 5% of an artist’s Get paid typically 5% of an artist’s earnings.earnings.

• Hourly and flat fee arrangements.Hourly and flat fee arrangements.

• May want a monthly minimum to May want a monthly minimum to cover expenses.cover expenses.


• AttorneysAttorneys::

• Advise artists on all aspects of legal Advise artists on all aspects of legal and biz issues.and biz issues.

• Help structure deals.Help structure deals.

• Review and negotiate Ks and Review and negotiate Ks and licenses.licenses.

• Protect artists’ intellectual property.Protect artists’ intellectual property.


• AttorneysAttorneys::

• Get paid typically by the hour: $150 Get paid typically by the hour: $150 to $600.to $600.

• Or may charge 5% to 10% of an Or may charge 5% to 10% of an artist’s earnings.artist’s earnings.

• May have artists sign a retainer.May have artists sign a retainer.


• AgentsAgents::

• Play various roles from booking Play various roles from booking tours to finding sponsorship tours to finding sponsorship opportunities.opportunities.

• Work with personal managers.Work with personal managers.

• Get paid typically 5% to 10% of an Get paid typically 5% to 10% of an artist’s earnings from each deal they artist’s earnings from each deal they are part of.are part of.

AssignmentsAssignments

• Look at each Unit’s To-Do Lists to Look at each Unit’s To-Do Lists to help keep you organized.help keep you organized.

• Due by the end of this Unit:Due by the end of this Unit:

• Introduce yourself.Introduce yourself.

• ““What Would Radiohead Do?” DTWhat Would Radiohead Do?” DT

• If not done so, read Chaps. 3-6.If not done so, read Chaps. 3-6.

• Artist K outline. Artist K outline.


• Radiohead DTRadiohead DT::

• When Radiohead released the album When Radiohead released the album “In Rainbows” in 2008 as a digital “In Rainbows” in 2008 as a digital download, users could name their own download, users could name their own price (including free).price (including free).

• What kind of advice would each What kind of advice would each member of their ‘team’ (Personal member of their ‘team’ (Personal Manager, Business Manager, Attorney, Manager, Business Manager, Attorney, Agent) have given them as they Agent) have given them as they proceeded? proceeded?


• Artist K outline assignmentArtist K outline assignment::

• Write an outline detailing the Write an outline detailing the elements you think you would find elements you think you would find in an artist’s personal manager K.in an artist’s personal manager K.

• You can base this on your reading You can base this on your reading in Passman, but feel free to do in Passman, but feel free to do additional research.additional research.



• Minimum of 1 page.Minimum of 1 page.

• Viewpoint and purpose should be Viewpoint and purpose should be clearly established and sustained.clearly established and sustained.

• Assignment should have correct Assignment should have correct grammar, punctuation, etc. grammar, punctuation, etc.

• Writing should be well ordered, Writing should be well ordered, logical and unified, as well as original.logical and unified, as well as original.



• Your work should display superior Your work should display superior content, organization, style, and content, organization, style, and mechanics.mechanics.

• Appropriate citation style should be Appropriate citation style should be followed.followed.

• Submit your outline to the Dropbox Submit your outline to the Dropbox by the end of Unit 1.by the end of Unit 1.

OutcomesOutcomes

• What to expect during this What to expect during this course.course.

• Who are the protectors of an Who are the protectors of an artist’s intellectual property.artist’s intellectual property.

• What kinds of intellectual What kinds of intellectual property an artist can create. property an artist can create.

Contact Me:Contact Me:

• EmailEmail: : [email protected]@kaplan.edu

• AIMAIM: musiclawyersimon: musiclawyersimon

• PhonePhone: 816.728.6948: 816.728.6948

• FBFB: facebook.com/donald.simon: facebook.com/donald.simon

• LinkedinLinkedin: Search “Donald R. Simon”: Search “Donald R. Simon”

• TwitterTwitter: @simonbizconsult: @simonbizconsult

OutcomesOutcomes

Questions?Questions?

Have aHave aGreat Great

Week! Week!

music content ip: the building blocks of the music business donald r. simon, j.d./ll.m. kaplan...

Documents

team of advisorsthe

music businessdonald

music content ip

music businessits tough

years of experience

years of legal experience

business issues

artists careers