Class Materials For Download

All materials subject to the Four Nights Copyright Policy

Week 1:  Songs and Sound Recordings: Who Owns What and How the Money Flows

1.  General Copyright

The U.S. Copyright Act

Copyright Basics

Copyright Notices

2.  Songs and Split Agreements

Musical Compositions

Split Agreements/Co-Writer Issues

Joint Authorship

3.  Sound Recordings

Sound Recordings

Joint Authorship of Sound Recordings

Philips/Sony CD Patent License History

4.  Record Producers

Record Producer Agreements

5.  Mechancial Royalties

First Use Mechanical License

Compulsory Mechanical License under Section 115

Artist Glossary: Mechanical Royalties

Current Mechanical Rates

Artist Glossary: Controlled Compositions, Part 1

Current Streaming Mechanical Rates Regulations

New Streaming Mechanical Rates and Proposed Regulations

New Streaming Mechanical Accounting Terms Audit vs. Certification

6.  Performing Rights Organizations

Cue Sheets and Cue Sheet Template

Performing Rights Society Affiliations

7.  SoundExchange

Have you registered with SoundExchange?

SoundExchange Searchable Payment Database of Missing Artists

Huffington Post: How Artists Get Paid for Internet Radio: an Interview with Mike Huppe of SoundExchange Part 1 and Part 2

Podcast: Mike Huppe of SoundExchange and Chris Castle on the role of SoundExchange Part 1 and Part 2 (Arts+Labs Innovation Central)

8.  General Music Business

David Lowery, Meet the New Boss, Worse than the Old Boss  From Music Tech Policy Monthly via The Trichordist

Music in Videogames: The Beginnings

The Maverick Tradition: Postering in Austin, Texas

20 Questions for New Artists (Castle & Mitchell)

Supplementary Materials

Week 2

October 2: Getting Paid for Your Work: Artist Agreements, Songwriters and Film/TV Licensing.

HAAM Benefit Day!  We will be taking donations to the Health Alliance for Austin Musicians or donate on HAAM’s site here.

Guest Speaker:  Tom Gimbel of Austin City Limits on the role of the artist manager

1.Record Deals

Recording Commitment


Advance and Recording Budget/Recording Funds


Record Royalty/Net Receipts

Royalty Base Price

Territory Reductions

Release Commitment: US and Foreign

Midprice/Budget Holdbacks

Tour Support

Copyright Ownership: Assignment or License


Proft Split

Controlled Compositions

Royalty accounting and audit rights

Assignment clauses

Artist Glossary of Industry Terms: Advance

Artist Glossary of Industry Terms: Unrecouped, Recoupment, Recoupment Rate

Podcast: A Glossary of Industry Terms: Recording Agreements

Article: A Glossary of Industry Terms

Common Music Licensing Terms

Podcast: Digital Aggregator Agreements

Podcast:  An Interview with Keith Bernstein, CEO of Royalty Review Council about royalty auditing

2.  Songwriter Deals and Music Publishing

Writers and Publishers

Song commitments/recorded and released requirements


At source vs. receipts agreements

Administration vs. co-publishing agreements

PROs and international collections of performance income

International subpublishers

3.  90, 180, 270, 360 agreements and upstreaming

Cross collateralization

Publishing problems

Meeting 3:

October 16:  Creating Good Partnerships: Manager and Booking Agent Agreements

Guest Speaker: Brian Stovall, Assistant Director of Texas Performing Arts and Entertainment and Logistics Consultant, on how to settle a show.

Band Basic Mini-Topic: Woking with performance venues and how to settle shows.

1.  Unions and Artist Collectives

Unions: The American Federation of Musicians, SAG-AFTRA

An Interview with Randy Himes of SAG-AFTRA’s sound recording division (formerly AFTRA)

Artist Collectives: Patronism, Austin

Huffington Post: An Interview with John Pointer of

Podcast: David Lowery and Chris Castle on Techniques within Reach for Independent Artists (Arts+Labs Innovation Central)

Podcast: John Pointer and Chris Castle on

Artist Collectives: Classical Revolution, Portland

2.  Artist Managers

Artist Manager Agreements

Podcast: Artist Manager Agreements

Answer to Controlled Compositions Question

3.  DIY

Podcast: Brian McNellis of Lakeshore Entertainment and Chris Castle on Online Music Marketing

360 Deals and the Talent Agencies Act

Musicians Lose Out in ‘Internet Fairness Act’” by Ray Hair, President, American Federation of Musicians (from The Hill, Congress Blog)

Fair Trade Music: Because Music Is a Day Job! by Musicians Association of Seattle, AFM Local 76-493

Meeting 4:

October 30: Music Clearances for Tech Startups and Artist Rights: Do Good Business and Protect Your Work

Guest Speaker:  David Lowery, of Cracker and Camper Van Beethoven and editor of The Trichordist, on artist rights.

Band Basics Mini-Topic: Bank accounts, bookkeeping, taxes, health issues and insurance coverage. Staying Healthy:  SIMS Foundation and HAAM Guest Speaker: Jennifer Stowe, Director of Services, Health Alliance for Austin Musicians

Podcast: David Lowery and Chris Castle on Emily, Ad-Supported Piracy and the New Boss

Letter to Emily White at NPR All Songs Considered

Letter to Amanda Palmer

What’s Wrong with ISP Music Licensing? (Castle & Mitchell, ABA Entertainment & Sports Lawyer)

Background: The Music Wars from 30,000 Feet: An Interview with Chris Castle by Andrew Orlowski, The Register

Background: The Future of Music Panel at the Commonwealth Club, San Francisco (Chris Castle, Tim Westergren, et al)

Background: Why ISP Licensing Fails   Chris Castle’s lecture at Osgoode Hall, Toronto

Background: Unhand that Orphan A Review of Orphan Works Issues (Castle & Mitchell, ABA Entertainment & Sports Lawyer)


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