Jeffrey Brabec is Vice President of Business Affairs for the Chrysalis Music Group. He is also the author, with his brother Todd, of “Music, Money, and Success: The Insider’s Guide to Making Money in the Music Industry, 5th ed.” (Schirmer, 2006).
In this panel discussion held at a 2008 meeting of the American Bar Association’s Sports & Entertainment Law Forum, panelists Cynthia Sanchez, Dina LaPolt, Todd Brabec, and Jeff Brabec discuss the life cycle of a song from a legal point of view. They discuss how songs are used for physical sound recordings, as synchronized tracks for video broadcast and reproduction, as digital downloads, as soundtracks for advertisements and video games, as elements of musical theater productions, greeting cards, remixes samples & mashups, toys, internet streams, and more. They also discuss the kinds of deals which are currently being made in such situations.
In this excerpt from a panel discussion held at a 2008 meeting of the American Bar Association’s Sports & Entertainment Law Forum, the panelists discuss mechanical royalties – the income generated from the manufacture of physical recordings of a song, for example on CD, LP or other physical media – and how recent decisions by the Copyright Royalty Board have thrown the current statutory rates, and what is covered under what rate, into serious doubt. They also discuss who benefits and who loses in the current web of conflicting copyright and royalty rate rules, and how other nations handle mechanical royalty payments on sound recordings created in the USA.
In this excerpt from a panel discussion held at a 2008 meeting of the American Bar Association’s Sports & Entertainment Law Forum, the panelists discuss the copyright and royalty complexities that surround remixes, samples, mash-ups and similar repurposing of existing recordings – and how, in certain cases, failing to clear the samples on a song prior to recording means losing money every time the recording is licensed for third-party use.
In this excerpt from a panel discussion held at a 2008 meeting of the American Bar Association’s Sports & Entertainment Law Forum, the panelists discuss how songs are licensed for use in video games, and what it means in terms of licensing fees and royalty payments for publishers and copyright holders.
In this excerpt from a panel discussion held at a 2008 meeting of the American Bar Association’s Sports & Entertainment Law Forum, the panelists discuss the patchwork of ways in which songs are licensed for use in TV and films in the USA, and what it means in terms of licensing fees and royalty payments for publishers and copyright holders. The panelists illustrate these complexities through examples drawn from projects like House, Life on Mars, Gossip Girl and Don’t Forget The Lyrics!.
In this excerpt from a panel discussion held at a 2008 meeting of the American Bar Association’s Sports & Entertainment Law Forum, the panelists discuss how compositions generate fees and royalties from merchandising uses. Examples cited are lyrics printed on clothing as well as compositions and master recordings licensed for singing toys and a musical toothbrush.
In this excerpt from a panel discussion held at a 2008 meeting of the American Bar Association’s Sports & Entertainment Law Forum, the panelists discuss how the new vogue for catalog musicals (such as Jersey Boys and Mamma Mia) and how they can be an important revenue stream for composers lucky enough to have a song featured in such a show.
In this excerpt from a panel discussion held at a 2008 meeting of the American Bar Association’s Sports & Entertainment Law Forum, the panelists take audience questions about various legal aspects of performance rights, mechanical royalties, and how songs are licensed.
Jeffrey Brabec, Vice President of Business Affairs for the Chrysalis Music Group, introduces Chrysalis’ publishing catalog and business model. He describes the various types of publishing deals and how they are negotiated, how his company manages royalty payments, and emerging technologies are helping Chrysalis manage their business. He also talks about himself and his specific duties within the company.
Jeffrey Brabec, Vice President of Business Affairs for the Chrysalis Music Group, talks about compulsory licenses. Compulsory licenses are an exception to copyright law in regards to songs. They allow anyone to re-record a song without the permission of the music publisher, provided the person pays the statutory rate and the song has been recorded and released. Brabec points out that the license takes a monopoly away from the writer and publisher. This is beneficial because it demonstrates songs can go into a number of genres.
Jeffrey Brabec, Vice President of Business Affairs for the Chrysalis Music Group, talks about fair use. Brabec explains that fair use is just like parody. Brabec shares that there are five elements in determining whether something is a parody, such as the requirement that the song must make fun of the original instead of using it in a different context. Brabec points out that fair use is a complicated area nonetheless. For instance, a novelist using several lines from a well-known novel is a difficult situation. However, there are some instances of fair use that are straightforward. A reviewer reviewing a composition can definitely comment on a particular aspect of the song. Also in this segment, Brabec covers the original purpose of fair use. Fair use was created to protect individuals and allow reviewers and not for profit situations to use copyrighted works.
Todd Brabec is the Vice President and Director of Membership for the American Society of Composers, Authors, and Publishers (ASCAP). Until 1948, ASCAP had an exclusive contract with their writers. Thus, ASCAP had to be the negotiating party for the writers in all circumstances. In 1948 a court decision ruled that was an antitrust violation. Brabec explains that, consequently, current contracts allow writers and publishers to bypass ASCAP or BMI and directly license to users. Also in this segment, Brabec covers the decision's effect on motion picture monies in the United States. Since the provision established in the decision, motion pictures do not pay money in the United States. He emphasizes that performance royalties for films are a major source of income in foreign territories.
JEFFREY BRABEC is Vice President of Business Affairs for the Chrysalis Music Group (representing the catalogues of OutKast, Elvis Presley, Blondie, David Gray, Paul Anka, Billy Idol, Jethro Tull, The Propellerheads, A3 (The Sopranos theme) and David Lee Roth).
JEFFREY BRABEC is Vice President of Business Affairs for the Chrysalis Music Group (representing the catalogues of OutKast, Elvis Presley, Blondie, David Gray, Paul Anka, Billy Idol, Jethro Tull, The Propellerheads, A3 (The Sopranos theme) and David Lee Roth).
Jeffrey Brabec, Vice President of Business Affairs for the Chrysalis Music Group, talks about two types of publishing deals. The first is the writer deal. A writer agrees to deliver a certain number of songs. The second is the hip-hop and rock deal. Brabec points out that hip-hop and rock deals are structured the same. However, hip-hop and rock deals do have a significant distinction. Rock and roll has very little sampling, while hip-hop has a lot. Brabec explains that samples must be cleared prior to the payment of an advance. Also, hip-hop deals are more expensive.
Jeffrey Brabec, Vice President of Business Affairs for the Chrysalis Music Group, talks about video game licensing. It is an area that is extremely beneficial to music. Brabec explains that while video games do not generate royalties, they do produce a flat fee. However, this normally involves a song buyout. He points out that if the artist does not agree to a buyout, their song won't be put in the video game. Brabec claims that he's seen buyouts from zero to 30,000 dollars. Also in this segment, Brabec discusses the duration of video game licenses. Video games licenses are generally for seven to ten years. Brabec talks about why this might be a mistake in the long run. The video game might stay around or be turned into a movie. The importance of negotiating the best deal possible is covered as well. Brabec also talks about what makes a good publisher. A publisher is responsible for looking after the rights of the writers. Therefore, they must know where to draw the line to protect a song.
Jeffrey Brabec, Vice President of Business Affairs for the Chrysalis Music Group, talks about work for hire. Work for hire occurs when a writer or composer writes a song for a film, television show, or commercial. However, the publishing company becomes the legal author of the work. Brabec points out that the songwriter or composer still receive writer royalties. There is a royalty schedule in all agreements. He also stresses that there are no reversions. Songwriters cannot take advantage of getting their song or score back. The future litigation of 2013 is covered as well. Brabec explains that the songwriting business will be the area of controversy.
