Seismic Shifts in the Music Business

The fifth edition of newly published The Musician’s Bsiness and Legal Guide addresses major changes in the industry during the last ten years. Here is editor Mark Halloran’s ‘Preface.” Every musician and music business professional should have this book. http://amzn.to/2nDYy7A  
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“We are proud to welcome you back to our updated and expanded book. This Fifth Edition embodies the most thorough and far-reaching changes in our history. Since our last edition a decade ago we have witnessed sea changes in the music business we could never have imagined. First, the size, power and profitability of the major record labels have all declined. Second, two new platforms for breaking artists, YouTube and American Idol-type TV vocal competition shows, have broken onto the scene. Third, we have seen the rise (and recent downward slide) of digital downloads (e.g., iTunes). Fourth, we have seen the rise of subscription radio services (Spotify and Pandora, for example), which feature “curated” (chosen) music which can satisfy virtually any tonal palette. Fifth, we have witnessed the rise of electronic dance music (EDM) and music festivals.
 
At the same time as this seismic shift, more music is being created and listened to than ever in the history of humankind. And there are opportunities to create and spread your music even if you are not signed to a label, or win The Voice. You fledgling indie artists out there should note the following phenomena that work in your favor:
1. You no longer need a recording studio with expensive gear and an audio engineer to make a great sounding recording.
2. You can record a video of you performing your song for virtually nothing.
3. Rather than relying on a big record company, you can raise funds on Kickstarter, RocketHub, and Indiegogo for your recordings, videos, and tours.
4. You can use social media (a website is a must) and your email list (required) to build and motivate your fanbase.
5. You can upload your videos and recordings for free on video websites such as YouTube, which has become the #1 search engine for music. It’s also the preferred listening platform for younger fans, who like that the videos are also easily shareable via social media.
 
This is essentially a new book given that all articles have been updated, and we have added seven completely new articles (please don’t throw away your old editions!): “YouTube Music,” “TV Talent Competitions: The Ghost of American Idol,” “Social Media Law for Musicians,” “Independent Record Labels and Record Deals,” “Recording and Distribution Contracts with Independent Labels,” “Producer Agreements are Stupid,” and “How 360 Deals Became Necessary and How To Negotiate Them.”
 
Even with all the changes in the music business as well as in this Fifth Edition, the basic lessons from the First Edition still apply, now more than ever. At some point in your professional music career, you will learn that there are legal questions implicit in almost everything you do. Whether you write, record, perform, or sell a song, your actions give rise to rights and obligations that you should consider. The best time to learn is now.
 
The most fundamental purpose of this book is to demystify the increasingly complex music business, and what many consider an indecipherable body of law that shapes it. And
to help you “make it” by explaining, as best we can, how the music industry and the laws that govern it work. To maximize
the utility of the book we have tried to make our information comprehensible to musicians and non-musicians alike, and have avoided presupposing a lot of knowledge on your part.
 
As useful as we trust this book is, we feel compelled to bring a few warnings to your attention. First, no one who has become
a music “star” has done so without obtaining competent help as they built their career—so should you. Talent agents, personal managers, lawyers, and business managers are all trained to guide you as you ascend your music career ladder. Naturally
their expertise costs money, but their cost is more palatable if
you consider that these expenses are not really costs but rather
an investment in your career. Next, the chapters are primarily designed to indentify legal issues and to give specific solutions that might be tailored to your specific situation. If you have a legal problem, do not rely on the information contained in this book; see an attorney. The chapters in this book that address legal issues are not the law, but merely describe legal applications, in general terms, for the music industry.
One final note—although this book is a useful tool, as a musician you should write music, not contracts. Unless you devote an appropriate amount of your time and energy to developing and exploiting your talent, this book doesn’t matter. Make it matter.
Mark Halloran, Esq.
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The Musician’s Business and Legal Guide: NEW 5th Edition

Gateway to a Captivating, Inspiring, Treacherous and Dynamic Industry.

The Musician’s Business and Legal Guide, compiled and edited by Mark Halloran, Esq., has just been published by Routledge, Taylor, and Francis in a new 5thedition.

I spent the last year producing this new edition for Routledge, a large textbook publisher, and the Beverly Hills Bar Association Committee for the Arts. I also produced all editions that were published since 1991.

Like a record producer, a book producer provides a finished, ready-to-print copy to the publisher. I worked closely with Mark Halloran and other authors, cover and interior designer, editors and indexer and got formal permissions for an extensive quotes.

My goal since 1974, when I quit working for Bill Graham’s Fillmore Management, was to help muscians profit from their art. This book (and others that I wrote) helped accomplish it.

Featured in this Edition

If you are a musician and want to know how the music business works, so that you can profit from your business and protect yourself from adverse contracts and incompetent business people, this is the book to buy.

if you want to work in the music business, this book will help you make some decisions about where you might fit.

If you already work in the music business, this book gives you up-to-date legal information on streaming, social media law, TV talent show contracts, YouTube, independent labels, 360 recording deals, and protecting entertainment group names.

If you teach musicians about current industry practices, this book provide the indispensable information they need to know,

As in previous editions, the book features clause-by-clause contract analyses for 360 record deals, 50/50 recording deal options, music publishing, management, and producer agreements.

Chapters are written by fifteen prominent lawyers currently working in the industry.

Available from Amazon now. http://amzn.to/2nDYy7A

 

 

 

Goodbye to the Cuban Queen: A Lament for Ghost Town Ruins

Jerome, Arizona’s ruins are slowly disappearing. In March 2017, the roof of the Cuban Queen fell down, an iconic building that the Jerome Historical Society planned to restore.

The grand hulks that became symbols of the ghost town that it became known for—hospital, elementary school, Daisy Hotel and Douglas Mansion—have been restored and have become, respectively, the Grand Hotel, Town Hall, a private residence and State Historic Park.

Leigh and Richard weremarried here; kids loved to skateboard here; and the fire department benefits were great. Photo by Bob Swanson (Swansonimages.com)

Leigh and Richard were married in the Little Daisy; kids loved to skateboard theses floors; and the fire department benefits here were great. Photo by Bob Swanson (Swansonimages.com)

The floor of the Bartlett Hotel, the only ruin that remains on Main Street, is filled with coins pitched by tourists at an old outhouse and toilet and rusted mining artifacts. This odd coin toss earns as much as $6500 a year for the Jerome Historical Society.  Behind the shop now called Pucifer, the remains of the brick ‘cribs’, home of Jerome’s ladies of the night, were taken down by a previous owner to gain access to the back of the building.  The bricks were neatly stacked.  Then the bricks slowly disappeared.  As Jane Moore commented, it was a ‘crime.’

No cribs, no more. And where did all those bricks go?  (Photo by Bob Swanson)

No cribs, no more. And where did all those bricks go? (Photo by Bob Swanson)

The Jerome that I moved to in 1979 was still forlorn and decrepit looking, needing rescue. Today, Jerome has become modernized. Spiffed up. Gentrified.

This wreck was in old Mexican town below the post office. (Photo by Bob Swanson)

This wreck was in old Mexican town below the post office. (Photo by Bob Swanson)

Money flows in from tourist veins that are as rich as any gold mine. Over a million visitors a year come to shop, party in the bars, gawk at the views, and hear tales of bordellos, gunslingers, and ghosts. The shops are full of art, jewelry, and handmade clothing, award-winning wines and exotic olive oils.

Can this building be saved? It's the old Cuban Queen, symbol of the mining city bordellos. (Photo by )Bob Swanson

The Jerome Historical Society wanted to restore the old Cuban Queen, symbol of the mining city bordellos. Then the roof caed in. For those of us who lived in Jerome in the Jade/Rosie days, it was their home and magnet/tile making studio.  I still have some of them.  (Photo by Bob Swanson)

The names of many businesses play on the mythology of ghosts: The Haunted Hamburger, Ghost Town Inn, the Spirit Room bar, Ghost Town Tours, and Ghost Town Gear. The Grand Hotel provides ghosts meters to visitors interested in documenting their contacts. The annual Jerome Ghost Walk is one of the most popular events that the Jerome Historical Society produces. It draws many hundreds of people to its re-enactments of historic events.

Many don’t mourn the loss of ruins. Sometimes tourists fell off the old walls. Shopkeepers complained ruins were fire hazards and dubbed them liabilities. Many homes that once went for under a $1000 have sold for over a quarter of a million dollars. In the ghost town years, they were ripe for pickings and vandalism. Up to the 1980’s, residents would find people wandering through their yards, saying, “I thought this was a ghost town.”

The iconic T.F. Miller building was ordered to be torn down by Phelps Dodge in 1953. "Jerome is finished," a mine official said. Kids were paid a penny a piece to clean the bricks. (Photo courtesy: Jerome Historical Society)

The iconic T.F. Miller building was ordered to be torn down by Phelps Dodge in 1953. “Jerome is finished,” a mine official said. Kids were paid a penny a piece to clean the bricks. (Photo courtesy: Jerome Historical Society)

I never tired of walking among Jerome’s ruins. The shards of Jerome’s fabulous mining past were embedded in its abandoned buildings, crumbling walls, and collapsed roofs. Ruins shared visible histories of this once powerful and fabled city—“the richest copper mining city” in the West.  There were ghosts in those ruins; you could feel them.

The old bakery ovens are still hanging around in the back yard of one of my friends, (Photo by Bob Swanson)

The old bakery ovens are still hanging around in the back yard of one of my friends, (Photo by Bob Swanson)

Before new mine owners forbid walking down to the 500-level, I loved walking around the foundations of the housing units for mid-level employees (plumbers, carpenters, electricians). I loved sneaking into the old mining building known as the “Dry” with its rows of empty lockers and broken-up shower stalls. I could easily visualize 1500 miners simultaneously showering up after their shifts and hanging their clothes to dry on pulleys that hoisted them high into the rafters. Vaporous ghosts.

Interior of the Dry on the 500 level.  (Photo by Bob Swanson)

Interior of the Dry on the 500 level. (Photo by Bob Swanson)

For old-timers who return by the hundreds for the annual town reunion called “Spook Days,” ruins were the roots of their powerful attachment to Jerome. “I was only here from 1928-1948, but I feel a strong attachment to Jerome. No other place I’ve ever lived in have I felt that attachment,” said one old Mexican.

Another said, “I was only three years old when I left Jerome, but I remember things. . . I remember my father’s house. I remember the snow. And I remember sitting on my grandmother’s balcony at night, looking down into the valley. I could hear crickets and it was so peaceful.”

Ruins revealed oddities about people who used to live here. One of my favorite ruins was the old homestead where Father John used to live. When he died, he left behind a lot of junk: rusting cars, collections of stoves, and a room full of ladies shoes, singles only. Now what would a priest be doing with so many ladies’ shoes? Father John’s home mysteriously burned the night after he was found collapsed and dehydrated in his bedroom at the Catholic Church and was dragged to the hospital. Years later, the homestead was replaced with the new Gold King Mine, which includes a lot of old pre-fifties trucks, a museum of mining relics and old sawmill from Weed, California. There never was a mine there, much less one that mined gold.

A new town has emerged, full of its own colors and legends, a village of little crime and high spirits. The ghost town is all but gone.

One of my all time favorites ruins, now the cover of Rich Town Poor Town. It was in perfect splay when Bob took the shot. Then it fell down. (Photo by Bob Swanson)

One of my all time favorites ruins, now the cover of Rich Town Poor Town by Roberto Robago, a great book. The ruin was in perfect splay when Bob took the shot. Then it fell down. (Photo by Bob Swanson)

But when the oldtimers die, who will share the memories and secrets of old Jerome? And when the ruins are gone, where will the ghosts hide?

Updated from an earlier blog.