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Front Cover

An Investigation into Music Publishing and the Technology used to create a Commercially Exploitable Recording.
Joel Rawlinson
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Music Technology with Management BSc

Supervisor: Paul Hodson


A Dissertation submitted in partial fulfilment of the requirements of Staffordshire University for the degree of BSc of Music Technology with Management

May 2012

Abstract
An Investigation into Music Publishing and the Technology used to create a Commercially Exploitable Recording.

There are many elements that make up the music publishing industry and different pathways that a song writer can take to become published. This report investigates different sections of the music publishing industry and the ways in which musical works can be commercially exploited. The report includes research from a number of sources investigating differing types of music publishing contracts and how they affect the relationship between song writer and publisher. The report explains the need for a song writer to make a recording of their songs, once they have been signed, so that the publisher can commercially exploit the works. The report covers a basic recording process, required for a song writer with a publishing deal to record a demo of their works.

The Copyrights Designs and Patents Act 1988 is the key piece of legislation which provides song writers with protection for their musical composition. The protection received allows for commercial exploitation by selling licences or transferring rights. Music collection agencies differ from country from country; this report investigates the PRS for Music, their role in the publishing industry and how they operate. As a comparison, the American music market and their three collection societies were investigated. Research was undertaken into the content of music publishing contracts, looking further into the various clauses contained in an agreement and the purpose of each one. Using the knowledge gained, an example of a single song agreement, just one of the types of music publishing contracts, has been created using the research collected.

Tests were undertaken on microphones to ascertain there appropriateness for recording acoustic guitars and vocals. Using the results an original song was produced successfully, to a standard in which the produced contract could be offered to the song writer.

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Acknowledgements

I am grateful to my supervisor, Paul Hodson, for all his help and support throughout this project; also, to Tom Rawlinson, for his support and assistance in the recording process and to Luke Spooner for being helpful and a cooperating song writer and artist throughout.

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Table of Contents Contents


Front Cover ............................................................................................................................. i Abstract ..................................................................................................................................ii Acknowledgements ...............................................................................................................iii Table of Contents .................................................................................................................. iv Table of Figures ...................................................................................................................vii Chapter 1: Introduction .......................................................................................................... 1 Summary ............................................................................................................................ 1 Aims of the Project............................................................................................................. 1 Glossary of Terms .............................................................................................................. 2 Chapter 2: Music Publishing Industry ................................................................................... 3 Role of the Music Publisher ............................................................................................... 3 Structure of the Industry..................................................................................................... 3 Major Publishers ................................................................................................................ 4 Independent Publishers ...................................................................................................... 5 Chapter 3: Collection Agencies ............................................................................................. 7 PRS for Music .................................................................................................................... 7 International Collection Agencies ...................................................................................... 8 Chapter 4: Music Publishing Contracts Types .................................................................... 10 Single Song Assignment .................................................................................................. 10 Exclusive Writer Contract ................................................................................................ 11 Co-publishing Agreement ................................................................................................ 12 Administration Agreement ............................................................................................... 12 Subpublishing Contract .................................................................................................... 13 Collection Agreement ...................................................................................................... 13 Chapter 5: Copyright in Music ............................................................................................ 14 Chapter 6: Music Publishing Contract ................................................................................. 16 iv

Clause Parties ................................................................................................................ 16 Clause Definitions ......................................................................................................... 16 Clause Assignment of Rights ........................................................................................ 16 Clause Synchronisation Licences .................................................................................. 16 Clause Expectations of the Publishers .......................................................................... 17 Clause Advances ........................................................................................................... 17 Clause Royalties ............................................................................................................ 17 Clause Accounting ........................................................................................................ 18 Clause Auditing Rights ................................................................................................. 18 Clause Writers Declaration .......................................................................................... 18 Clause Assignment ........................................................................................................ 19 Clause Termination ....................................................................................................... 19 Clause Territory ............................................................................................................ 19 Clause Miscellaneous .................................................................................................... 19 Clause Legal Jurisdiction .............................................................................................. 19 Clause Witness .............................................................................................................. 20 Clause Signatures .......................................................................................................... 20 Clause Addendum ......................................................................................................... 20 Chapter 7: Microphone Testing ........................................................................................... 21 Microphone Testing Sensitivity ....................................................................................... 21 Microphone Testing Frequency Response ....................................................................... 23 Chapter 8: Microphone Placement ...................................................................................... 29 Microphone Placement for Acoustic Guitars ................................................................... 29 Microphone Placement for Vocals ................................................................................... 31 Chapter 9: Recording ........................................................................................................... 33 Recording Session ............................................................................................................ 33 Detail of the Song being Recorded .................................................................................. 33 Mixing the Recorded Song............................................................................................... 33 v

Chapter 10: Conclusion and Recommendations .................................................................. 35 References ............................................................................................................................ 37 Bibliography ........................................................................................................................ 40 Appendices........................................................................................................................... 41 Appendix 1 Frequency Ranges of Instruments (Independent Recording, 2006). ......... 41 Appendix 2 Sensitivity of AKG C414 .......................................................................... 42 Appendix 3 AKG C414 FFT Analysis .......................................................................... 43 Appendix 4 AKG C414 MLS Analysis ........................................................................ 44 Appendix 5 Sensitivity of AKG C451 .......................................................................... 45 Appendix 6 AKG C451 FFT Analysis .......................................................................... 46 Appendix 7 AKG C451 MLS Analysis ........................................................................ 47 Appendix 8 Sensitivity of Neumann TLM103 .............................................................. 48 Appendix 9 Neumann TLM103 FFT Analysis ............................................................. 49 Appendix 10 Neumann TLM103 MLS Analysis .......................................................... 50 Appendix 11 FFT Analysis Comparison. Red Calibration, Green C414, Yellow TLM103, White C451 ................................................................................................... 51 Appendix 12 Purpose Luke Spooner.......................................................................... 52 Appendix 13 Fast Track Ethics Form ........................................................................... 54 Project Music Publishing Contract ................................................................................... 56

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Table of Figures

Table 7.1: Comparison of Microphone Sensitivity Figure 7.2: AKG C414 Frequency Response (AKG, 2009c) Figure 7.3: AKG C414 FFT Analysis Figure 7.4: AKG C414 MLS Analysis Figure 7.5: AKG C451 Frequency Response (AKG, 2009d) Figure 7.6: AKG C451 FFT Analysis Figure 7.7: AKG C451 MLS Analysis Figure 7.8: Neumann TLM103 Frequency Response (Neumann, 2010b) Figure 7.9: Neumann TLM103 FFT Analysis Figure 7.10: Neumann TLM103 MLS Analysis

22 23 24 24 25 25 26 26 27 27

Figure 7.11: FFT Analysis Comparison. Red - Calibration, Green - C414, Yellow TLM103, White - C451 Figure 8.1: Blumlein Pair (Garrison, 2011) Figure 8.2: Spaced Pair (Ratcliffe, 2009) Figure 8.3: Microphone Configuration Figure 8.4: Vocal Placement 28 30 31 31 32

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Chapter 1: Introduction
Summary
This report aims to investigate the music publishing industry, researching the structure of the industry, the role of the music publisher, the differences between major and independent publishers, the protection offered to song writers through the Copyrights Designs and Patents Act 1988, the different types of contracts that bind publishers and song writers and the contents of a Single Song Agreement. In addition to music publishing this report covers brief research in microphones selection and placement for recording Acoustic Guitar and Vocal, investigating the sensitivity and frequency response.

Applying the knowledge gained from research undertaken a single song agreement music publishing contract and a recording of an original track comprising of acoustic guitar and vocals has been produced.

Aims of the Project


To research Music Publishing Companies and Collection Agencies for the Music Industry.

Using online and offline sources research has been undertaken into the structure of the music publishing Industry, investigating the differences between major and independent companies. Focusing on the United Kingdoms music collection society the PRS for Music has been researched to investigate the role and purpose of collection agencies in the publishing industry with the differing American market used as a comparison.

To produce a Music Publishing Contract, to a commercial standard.

After undertaking research into the content of differing music publishing contracts, comparing the key differences in the assignment and transferring of rights a Single Song

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agreement has been written to a standard in which it could be legally binding between two parties.

To research the Technology used in the Recording Process.

Different microphones have been tested for their appropriateness in frequency response and sensitivity for the desired recordings. A range of microphone placement techniques have also been investigated for their appropriateness for recording acoustic guitars and vocals.

To record an original song to the standard in which a Publishing Contract could be offered.

Using the research collected and existing knowledge built from previous recording sessions an original track was recorded to a basic level of instrumentation, vocals and a single acoustic guitar. The recording is suitable for a music publisher to copyright the sound recording and obtain commercial exploitation with the basic version, ideally finding an artist to cover the track.

Glossary of Terms

PRS for Music (Performing Rights Society) are the only collection agency in the UK. ASCAP (American Society of Composers, Authors and Publishers) is one of three collection agencies in America. BMI (Broadcast Music, Inc) is one of three collection agencies in America. SESAC (Society of European Stage Authors & Composers) is one of three collection agencies in America. FFT (Fast Fourier Transform) is a method of recording and displaying frequency data. MLS (Maximum Length Sequence) is a method of recording and displaying frequency data.

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Chapter 2: Music Publishing Industry


Role of the Music Publisher
The Music Publishers Association defines music publishing as the following: A publisher seeks out great music and great composers and songwriters, supports composers and songwriters in the creative process, promotes their catalogues across a variety of platforms, manages the business exploitation of the catalogues (including the registration of works and the collection and onward payment of all due royalties) and generally seeks to protect and enhance the value of their works with passion and professional commitment Music Publishers Association. (2011). The music publisher can be expected to do many things depending on the type of agreement that has been signed between publisher and song writer which varies from contract to contract. Every publisher will be on the look out for new and talented song writers to further their catalogue of music that they can offer. Publishers can also help in a musical way, linking young song writers with more established Writers or having a creative team to help support and develop skills. They will also be required to proactively seek commercial placements, synchronisations and recordings of the songs in their catalogue. Publishers will register all new works with the PRS for Music to collect royalties on behalf of their clients. They can also produce demo recordings of songs, especially if the Writer is not a performer to give a better picture of how the song should sound to potential customers. A publisher will produce promotional materials such as sampler CDs. They will then use the produced materials to proactively promote the music to performers, broadcasters, record companies and other music users, ideally on an international scale to try and maximise revenue for both song writers and themselves. The publisher should be aware of new licensing and synchronisation opportunities that are constantly evolving through new technological developments. The publisher will be expected to perform all the accounting and administration as well as taking necessary action against anyone found to be using the music without a licence.

Structure of the Industry


The Music Publishing Industry is dominated by four major publishers who make up 71.1% of the revenue for the industry. The four major publishers are EMI Publishing (21%), Sony/ATV Publishing (16.2%), Warner/Chappell Publishing (11.3%) and
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Universal Music Publishing (21.6%). (Paul Williams, 2011). All four of the major publishers are linked with the four major record labels. The remaining 29.9% of the market is shared between many independent publishers. Major publishers have much larger catalogues and generally more contacts than an independent publisher. The Music Publishers Association (2012) calculates the size of the industry at 3bn. Unless an artist who is also a song writer is signed to a 360o deal, a contract where the record company manage every area of the music industry for an artist in return for a percentage of all revenue the artist receives, it is usual for an artist to have a different record company and publisher, as having two different companies representing the song writer is beneficial as both will try to maximise commercial exploitation of the music.

Major Publishers
Major publishers have much higher capital to invest in their song writers; they can work closely with other major record labels to find artists to perform the songs in their catalogues and have connections to find commercial exploitations.

In 2007, Universal Music Group became the largest music publisher when they acquired BMG Music Publishing through a takeover bid, absorbing their existing catalogue into their publishing arm. Universal Music Group enters into agreements with composers and authors of musical compositions for the purpose of acquiring an interest in the underlying copyright so that the compositions may be licensed for use in sound recordings, films, videos, commercials and live and other public performances (e.g., broadcasting and film performances). Universal Music Group also licenses compositions for use in printed sheet music and song portfolios. Universal Music Group generally seeks to acquire rights but it also administers musical compositions on behalf of owners such as other music publishers and authors who have retained or acquired such rights. (Vivendi, 2011).

Through the Universal website it is possible to request licences for any song that they publish so anyone is able to use the music in their film, game, television show or other if the licence is granted and the cost is paid. Using a system of questions surrounding the needs and desires for the work in question a quote is calculated. Universal ask questions such as the size and budget of the project, the length of song being used, if the song will be instrumental or lyrical, the expected audience and the requirement of the song, for example film, advert etc. The simplicity of this website is such that, anyone, provided they have the
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available funds, is able to use some of the most well-known music in their projects, no matter how big or small. Warner/Chappell Music Publishing is the publishing arm of the Warner Music Group who formed in 2004 when they broke free from their parent company Time Warner to become a standalone Music Group. Warner/Chappell is a leader in the creation of innovative strategies for the marketing and promotion of songwriters and their music and, in 2007, won its sixth consecutive SESAC Publisher of the Year Award. That same year, Warner/Chappell announced a partnership with rock band Radiohead to create a first-ofits-kind rights clearance strategy for the digital release of the album, In Rainbows... ... Expanding Warner/Chappell's presence in online and mobile licensing of songs for film, television and other visual media is an integral component of our broader digital strategy, and a key element of WMG's effort to expand the role of the modern music company. (Warner Music Group, 2012). Similarly to Universal, Warner/Chappell have now made it possible to purchase licences for the songs from their catalogues online, simplifying the process and providing blanket licences helping to increase revenue and encourage consumers with only small uses to obtain their licenses quickly, easily and for less money than before by reducing administration costs. Sony Music Entertainments publishing arm Sony/ATV Music Publishing is coowned by the estate of the late Michael Jackson. It is estimated to be worth $1.5bn and owns the publishing rights to some of the worlds best song writers including The Beatles and Elvis Presley. Michael Jackson purchased ATV in 1985 for $47.5m (Stephen Gandel, 2009). In 1995, Sony bought half of the shares of ATV from Jackson for $150m and the joint venture Sony/ATV Music Publishing was formed, at the time becoming the second largest music publisher (Stephen Gandel, 2009). Sony/ATV Music Publishing is currently in the process of attempting to takeover EMI Music Publishing for 1.5bn, subject to competition commission approval. The deal would see Sony/ATV Music Publishing become the largest music publisher. Universal Music Group is simultaneously attempting to take over the Recording Music section of EMI from the Citigroup. (Benjamin Fox, 2012).

Independent Publishers
An independent publisher has a much smaller catalogue of songs and less capital to invest in their song writers to try and obtain commercial exploitation of the works assigned
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to them. The Music Publishers Association in the United Kingdom currently has over 300 independent music publishers registered with them. Every independent publisher will have different specialisms, be it the genre of music in their catalogue or the territory that they operate in. The five largest independent music publishers in the United Kingdom (Kobalt, Bug, BMG Rights, Chrysalis and Peermusic) all operate in mainstream chart music in genres such as pop, rock or dance. (Paul Williams, 2011). Independent music publishers are much more likely to accept unsolicited material; none of the four major publishers will accept material from unsolicited sources. Unsolicited material can mean one of two things, submitting songs that the publisher has not asked you to submit, or material submitted by a company or organisation that does not have a prior agreement with the publisher to provide them with new material. (Randi Reed, 2010). Song writers looking to make money from their skill will initially have to either get noticed by a management company willing to submit work on their behalf to a larger publisher or to submit work to a smaller independent publisher and start at the bottom of the ladder to begin getting their musical compositions commercially exploited.

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Chapter 3: Collection Agencies


PRS for Music
The PRS for Music (Performing Rights Society) is the collection agency in the United Kingdom. A collection agency collects monies earned by the commercial exploitation of songs in the territory that they represent. In 1997, the MCPS-PRS Alliance merged from two previous societies, the Performing Rights Society (PRS) and the Mechanical Copyright Protection Society (MCPS) re-branding in 2009 to the PRS for Music. The PRS for Music exist to collect and pay royalties to our members when their music is exploited in one of a number of ways when it is recorded onto any format and distributed to the public, performed or played in public, broadcast or made public, performed or played in public, broadcast or made publicly available online. PRS for Music. (2011). As a not for profit organisation the PRS for Music only take a small fee to cover the administration cost. The process of registering work with the PRS for Music as either a writer or a publisher has been simplified in recent years to completing a simple registration form on the internet. The form allows the copyright owner the ability to register their works with both the PRS and MCPS simultaneously. The online form talks the user through everything needed to register the works including the lyrics. The purpose of most collection societies is to provide a practical and economical service to enable its members to enforce and administer certain of their copyrights. These bodies make it easier for others to get licences to use copyright works. There is also certainty in that the payment for these uses will usually be at a fixed rate or one individually negotiated within certain guidelines. The idea is also that, by acting collectively, administration costs are reduced. Harrison, A. (2008a). The PRS for Music in the UK have the ability to create a blanket licence. This licence allows a radio station to pay one flat rate for every song that they play that is controlled by the PRS for Music and therefore works to speed up the administration and payment of royalties. The blanket licence generally lasts for a year at the agreed upon rate and is individually negotiated between the owner of each station and the PRS for Music. The amount charged per a song is based upon the revenue earned by the radio station through advertising or licensing fee. A main role for the collection societies is the administration of the rights, making sure that a members interest has been properly registered, that people using the rights have the necessary licences and have paid the negotiated rate. They have to collect in the
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monies, allocate and distribute them. Most societies charge their members a fee of some kind for the administration of the rights, usually a percentage of the gross income they collect. Harrison, A (2008b). The PRS for Music charge a flat fee of 30 to writers and 400 to publishers when new members join to cover administration costs and both writers and publishers need to pay an additional 50 to cover the mechanical copyright with the MCPS. Payments are made four times a year in the months of April, July, October and December and an additional small bank charge is also applied every time a payment is made by way of a bank charge.

International Collection Agencies


As a UK song writer or publisher signed up to the PRS for Music they will also collect any monies owed through the use of their work in other territories through links with collection agencies in other countries. For providing this service however the International Agency will also take a percentage of their royalties ranging from between 1 and 8%. The lowest rate, only 1%, is charged by the collection agencies in America. This is as a result of how often music is used between the two territories due to the similar nature of the two music markets. However, there is a rather long delay between the performance happening and the payment being made to the publisher or song writer. By the time the monies have gone through the whole process it takes on average 12-18 months for the payment to be made. In the American publishing market there are three collection agencies essentially doing the same job. They fight between themselves to represent as many song writers and publishers as they can. These collection societies then collect the monies due to their clients when licenses have been granted and after taking an administration fee pass the monies on to the representative party. The three American collection agencies are the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc (BMI) and Society of European Stage Authors & Composers (SESAC). ASCAP, BMI and SESAC are similar to the PRS for Music in the UK, collecting royalties and providing administration to song writers and publishers. The main difference being that the song writers or publishers have a choice of who represents them to collect their royalties. SESAC is different, as it is a profitable business, in comparison to ASCAP and BMI who, similarly to the PRS for Music are not-for-profit organisations. SESAC
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take a percentage of royalties collected above the administration fee that all societies charge.

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Chapter 4: Music Publishing Contracts Types


Single Song Assignment
A Single Song Assignment is an agreement taken between a song writer and a publisher. It is a contractual agreement allowing a publisher to publish individual songs assigned to them by the song writer. The contract is not limited to one singular song but it is specific in nature, and the exact number of songs will be stated in the contract. The composer is not signed exclusively through such a contract, but is free to enter into as many single song assignments as the writer wishes. (Gammons, 2011a). It is common in a single song assignment for the rights to be transferred to the publisher and they then become the sole owner of the copyright, it is also possible for the rights to be licensed to the publisher over a period of time. If the rights are being licensed and not transferred then a time period for the allocation of rights would be disclosed in the contract, after this period has expired a collection period would follow. A collection period is set up so that the writer can continue to receive monies accrued during the term of the contract but yet to be received and passed on by the publisher. This helps to take into consideration the length of time it takes for royalties to go through the system and end up with the song writer. As part of the contract the publisher is expected to collect and pass on the correct amount of monies to the song writer, to protect the copyright and to the best of their ability seek out new income streams for the work. Large advances are not common for single song assignments and if the writer is issued one then it is likely to be a very small amount. A clause can be included in the contract that the full rights be returned to the writer if not activity has been obtained within a reasonable period of time, often up to two or three years, if activity has been found then the term of the contract can be extended by a set number of years. This can be further extended if a target has been set and reached by the publisher relating to the monies earned in the agreed time period. As with all agreements a Single Song Assignment would end by setting out the area and laws from which the agreements would be governed.

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Exclusive Writer Contract


An Exclusive Writer Contract is a much greater commitment for both song writer and publisher than a Single Song Agreement. [An exclusive writer contract is] Appropriate when a songwriter and a publisher seek to have a relationship for all of the material that the songwriter will be writing during the duration of the contract. (Sobel and Weissman, 2008a). The song writer would be paid an advance, possibly a sizable amount, and the publisher would recoup the amount paid against the monies earned through royalties, as advances issues are non-returnable. This deal is the equivalent for a song writer to an artist signing a record deal. The territory in which the majority of Exclusive Writer Contracts are taken out is the world. By setting the territory to worldwide it reduces the risk taken by the publishers as it allows for the possibility of finding opportunity for the works in multiple countries thus maximising profits. There is no set formula for calculating how much to pay a writer by way of an advance. Many factors will be taken into consideration by both parties when working out the amount and terms of the advance. These considerations include: the size of the back catalogue being included, the experience of the song writer, is the song writer an artist performing the material, the popularity of the genre and whether the writer is also a producer. After all these things have been considered an advance amount is negotiated between the two parties. Further advances can be agreed upon and be increased if the initial advance is fully recouped and the publisher sees it in their best interest to pay the song writer an additional advance. There are two structures that advances can take, firstly paid on an annual basis, an amount is calculated as agreed in the contract depending on income from works and that the minimum required output has been met. The second structure is worked that once the first advance has been recouped then a second advance is paid and so on throughout the agreed period of the contract. Rolling advances are generally safer, especially for independent publishers, as they keep cash flow at a good level. A retention period will be included in the contract to allow the publishing company to continue to collect money for the works written in the agreed upon term by the writer and the uses that the publisher has found are ongoing after the initial term of the contract has ended. The retention can be anything from 5 to 15 years. Once the term of the
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contract has finished the writer is free to sign a new deal with any other party they see fit. If the original publisher fails to continue to pay within the agreed-upon time and with a due warning as outlined in the contract signed by both parties then the song writer is able to terminate the agreement and the rights default back to the songwriter. The song writer would then be able to sign a new publishing deal and include previous songs.

Co-publishing Agreement
Co-publishing (or split publishing) is when two or more publishers share ownership of a copyright. Every active publishers catalogue contains split copyrights, and negotiating co-publishing arrangements is a common occurrence, although its not always an easy one. (Whitsett, 2000a). A co-publishing agreement can also be one where the copyrights of a song are part owned by the song writers, and part owned by the publisher. This type of agreement is a lot more common in America than the United Kingdom. The two parties agree on a percentage split of the rights, usually, but not always, 50/50. In this instance the publisher takes their share but will not take a percentage of the song writers share, as with most other agreements, because they have already been written into the agreement when the song was published. In the United Kingdom, it is common that the publisher will pay a percentage of their portion back to the writer however in America it is used as a way to say to the song writer that they keep 100% of their share, which is in fact only 50% of the total revenue being generated by the works assigned. It is possible under a co-publishing agreement that two publishers split their share of the money and work together with a song writer or artist. In this instance a larger publisher will generally provide an advance and accounting for the song writer while the smaller publisher will take on the pro-active role of obtaining commercial exploitations for the songs assigned.

Administration Agreement
An administration agreement is one of the simplest forms of publishing agreements possible. A well established song writer who is extremely active and capable of finding artists and other commercial avenues for their work enters into a purely business to business relationship with a publisher with no creative help or advice offered. In return for a smaller percentage of income, normally between 10-15% the publisher will provider an administration role, collecting the monies from the collection agencies and providing the accountancy before handling the remaining monies over to the song writer.
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Subpublishing Contract
A Subpublishing deal is a business to business contract between two publishing companies. In the majority of cases a small local publishing company, often a sole song writer who has set up a publishing company to represent themselves when selling the licenses to their work wish to be represented in another territory where they have no contacts or influence and require a large publisher to do so on their behalf. These deals are normally taken out with an 80/20% split in favour of the owner of the copyright. This agreement allows the subpublisher to collect monies on the publishers behalf and keep their percentage of the royalties collected.

Collection Agreement
A collection agreement is extensively the same as an administration deal in that there is no creative or pro-active part to the agreement. The owner of the license is paying an agreed fee to the publisher to perform the collection and accounting role.

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Chapter 5: Copyright in Music


The main piece of legislation that protects musicians and song writers from having their work copied and allows a platform for commercial exploitation is the Copyright Designs and Patents Act 1988. This legislation is only relevant in the UK as the law will vary and change from country to country. Copyright is a basic proprietary right of an exclusive nature granted to any musical work that is set in a permanent form. Permanent form can include the lyrics written down, musical notation or an audio recording. Copyright is only granted when the composition shows originality and has shown some form of skill or creativity in the composition or lyrics. The skill and effort part of the act is to prevent anyone from owning the rights to a random collection of words. It is also impossible to copyright a song title as so few words cannot be seen as a piece of literary work. As a result of this it is possible for a song writer to use any song title previously used by other artists, provided that that lyrical content of the songs are not identical.

UK law does not require a song writer to register their works to be granted copyright. It is an automatic right, as soon as an original piece of work is set in a permanent form the copyright instantly exists. Copyright can be shared between multiple people and it is also possible for the lyrics and musical composition to be owned by different parties.

Copyright on musical and literary works ends 70 years from the end of the year in which the author dies as stated in section 12 of the Copyrights Designs and Patents Act 1988. The author is the person who created the work. This is irrespective of who is or who is deemed to be first or subsequent owner of the copyright. The Copyrights Designs and Patents Act 1988.

Copyright for sound recordings are slightly different to musical and literary works. Copyright is still granted as soon as works are created, however the difficulty is in proving the date of production in the case of a dispute and therefore it is important to register works. Copyright for sound recordings lasts for 50 years from the end of the year in which the recording was initially made, or, if published, then from the end of the calendar year in which it was published. Sound recordings are covered by two types of copyright; the recording itself is covered by mechanical copyright and the content recorded is also covered separately. Generally the record company of an artist will hold the mechanical
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copyright making it possible for them to use the recording, make copies of the CD and to broadcast the recording.

Copyright grants the author of work absolute exclusive ownership of the works created providing them with the ability to benefit from their creation. Although copyright is intangible it is extremely important in the music industry for artists and song writers. It is possible to assign copyright to anyone using a contract however there is no automatic right to re-assignment when the terms of the previous contract expires. When forming a licensing agreement it is important to include terms of termination and also the length of the agreement. Copyright can be owned by many different people: Original author, employer of a song writer under a service agreement, a person who commissions the work or a beneficiary under a will whereby the copyright is bequeathed. Copyright does not exist in an idea or concept. It must be in a permanent and obvious form when completed to have copyright. It is therefore important to get all work down in permanent form as soon as possible to make certain it is covered. However, if the unfinished work is of a substantial nature it may possibly be protected.

The owner of the copyright has exclusive rights to perform their works. Anyone else wishing to perform or play copyrighted materials will need to obtain a licence from the PRS for Music to be able to do so. The PRS for Music will collect the monies earned and pass them on to the party who registered the works with them.

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Chapter 6: Music Publishing Contract


All of these clauses can be seen in practise in the separate document attached entitled Single Song Agreement, please reference for examples.

Clause Parties
At the beginning of a contract the contractual Parties are defined. Defining the parties establishes whom the contract is between and how they will be referred to throughout the rest of the contract. It also is used to record the addresses of all parties involved. In a single song agreement there are generally two parties, the publisher and the song writer.

Clause Definitions
The Definitions section defines key terms used throughout the contract. It points the reader of the contract in most instances to the addendum which is a separate document attached to the end of the contract to define key terms, the definition section is in contract to point to the addendum.

Clause Assignment of Rights


The Assignment of Rights clause outlines the transfer of the copyright from the author of the works, known as the song writer, to the publisher. It legally gives ownership of the musical composition to the publisher allowing them to copy, distribute, print, publish, sell and commercially exploit the transferred piece. An assignor is the owner of the rights. The owner no longer owns rights when they are assigned. (Gammons, 2011b). The clause outlines what the publisher is able to do with the copyright they now possess.

Clause Synchronisation Licences


This Synchronisation Licence clause is where the publisher agrees to send the details of potential commercial exploitation of the musical composition for approval, but also that non-response will be a sign of approval for the publisher. In addition, the clause goes on to outline what the procedure is in the possible instance of the musical
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composition being requested for an advertisement of a political or sexual nature. Some songwriters, particularly more established ones, may insist on right of approval before the publisher can license the works in commercials, films, or other usages. (Whitsett, 2000b).

Clause Expectations of the Publishers


The song writer will insure that the clause titled Expectations of the Publisher outline what the publisher should be doing for the song writer. If these expectations are not met then the Writer is able to take action to terminate the contract and obtain their rights back.

Clause Advances
The Advances section gives the detail of any payment that the publisher will make up front to the song writer and the terms in which it will be recouped against the royalties earned through commercial exploitation of the musical composition. Advances represent a commitment by the publisher that his efforts to promote the song will earn at least a certain sum of money for the writer in the near term. (Whitsett, 2000b). The method of payment and the time period in which the payment can be expected are also defined. A sub-cause is included by the publisher saying that up to 50% of royalties not recouped by this musical composition can be cross-collateralised against any further agreements between the two parties, for instance, an additional single song agreement. The crosscollateralisation clause is a statement included in a publishing contract that would permit the publisher to take royalties from one song, and apply them towards any unpaid recoupable advances or outstanding incurred by another song. (Sobel and Weissman, 2008).

Clause Royalties
The Royalty clause outlines every situation in which commercial exploitation can be obtained by the publisher and the division, in terms of percentage of the monies collected by the publisher both directly from organisations for the issuing of licences as well as from the PRS for Music. Typically the monies earned through royalties are shared 50-50 between the two parties. The clause is extensive to prevent any dispute that may
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arise in the future between the song writer and publisher if there are any irregularities in payments. There is a section that states although the normal rate of division of royalties is 50-50 if the writer is the pro-active party in obtaining a licence then they are to keep 80% of the royalties. The contract states that all royalties should be calculated at source, meaning that any additional costs from international collection agencies or from subpublisher will be taken from the publishers percentage, and not the royalties earned by the song writer. At source - a contract provision requiring the publisher to pay the writer based on income earned at source means that the publisher cannot calculate royalties on net receipts, or income received after the licensee has deducted its percentage. (Whitsett, 2000c).

Clause Accounting
In the Accounting clause the additional details are given on the financial intricacies of the agreement. The payment schedule is explained informing the song writer when they can expect their money each year. The publisher will provide a financial statement biannually with a full break down and explanation of the monies earned through commercial exploitation of the works and the amounts to be paid.

Clause Auditing Rights


Continuing on from the accounting section, the Auditing Rights provides details on song writers entitlement to pay a certified accountant, at most once a year, to audit the books of the publisher to ensure that the correct monies have been paid to the song writer. If the publisher is found to be in the wrong, the auditing right gives the details in which the additional monies can be paid to the song writer and under what circumstances the publisher will have to reimburse the costs of the initial audit.

Clause Writers Declaration


The Writers Declaration is where the song writer states that they are legally able to enter into the agreement. Although most of the sub-clauses that are defined are presumed, it will cover the publisher in the instance that the song writer is found to have misled with any of the statements, ensuring that the writer takes the complete responsibility.
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Clause Assignment
The second Assignment-related clause in the agreement states that the publisher, in the instance that they either go into administration or another company performs a takeover merger then they withhold the right to transfer the rights, only if the majority or whole musical works of the publisher are also being transferred, they are not allowed to pick and choose specific works to sell on.

Clause Termination
The Termination clause outlines the correct procedure either party should take in the case of a breach of contract. In the instance a breach occurs the offending party is issued a warning and given 14 days to rectify the problem. If the problem is not resolved then the non-offending party is within their rights to terminate the contract and in the case of the song writer, they would receive their copyright back.

Clause Territory
The Territory is defined and attached in the addendum. The territory states where the contract is valid being set as the world and the entire universe allows the publisher to commercially exploit and collect royalties worldwide, expanding to the universe. The universe features in most contracts due to satellite and any other transmission systems outside earth that may occur. (Gammons, 2011c).

Clause Miscellaneous
The Miscellaneous clause allows both parties to add extra information into the agreement that does not have an obvious heading to go under elsewhere. A lot of the subclauses are to ensure that assumed statements are written down and legally binding, for example both parties need to sign the agreement for the agreement to come into effect.

Clause Legal Jurisdiction


The Legal Jurisdiction is outlined in the addendum. All contracts will be bound under the legal jurisdiction of a given country and therefore the courts of that country.
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This clarifies which country you would have to fight a legal battle in if you had to defend or take action on a contract at court. (Gammons, 2011d) In this instance the contract will be governed by English law and the high court of justice in England shall be the court of jurisdiction.

Clause Witness
A legal requirement of an agreement between two parties is to have someone witness the signatures of the involved parties. In the case of a dispute, especially if one of the party claims to have never signed the contract the witness may be called upon to validate the signatures. The witness should be an uninvolved third party that is not involved or related in any way.

Clause Signatures
A signature is required at the end of the entire agreement to validate the contract and ensure that it is legally binding with both parties in full agreement and understanding. Once signed the contract becomes valid. Any time related clauses will start from the date the contract was signed by both parties.

Clause Addendum
The Addendum is separate to the actual agreement and is annexed on to the end of the contract. The addendum is used as a glossary for the agreement to define and explain key terms. This shortens the length of the contract by referencing key points from the addendum to the main text in the contract.

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Chapter 7: Microphone Testing


Microphone Testing Sensitivity
Acoustic Guitars in standard tuning have frequency fundamentals between E2 and D6 or 82Hz to 1.2KHz, the harmonics can reach up to 5KHz, see Appendix 1. The sound hole resonates generally between 80 and 100 Hz, boosting the response at these frequencies (Independent Recording, 2006). When selecting appropriate microphones for recording acoustic guitars it is important to consider the frequency response and desirable presence peaks that the microphone may have. The selection, comparison and testing of microphones could be a whole project in itself so for the sake of this project two widely accepted microphones for acoustic guitar recordings, AKG C414 and AKG C451 were selected to be tested for their appropriateness. The AKG C414 is a large diaphragm condenser capable of recording with five different polar patterns, making it a very flexible microphone and a popular choice. In addition to a five way selector for polar patterns there are two additional selectors for signal attenuation and low frequency roll off. The AKG C451 is a small diaphragm condenser microphone with a cardioid polar pattern. Similar to the C414 the C451 has both attenuation and bass roll off options.

When recording vocals it is widely accepted that the standard choice is a large diaphragm condenser microphone. Chuck Ainlay who has engineered for Dire Straits, Sheryl Crow and Dixie Chicks states [When recording vocals] I have to go with what I think is going to work; usually its a large diaphragm condenser microphone. (Owsinski, 2004) From the available microphones the Neumann TLM103 was selected to be tested for suitability for recording vocals.

Using CLIO, an electrical and acoustical measurement system made by Audiomatica, tests were undertaken on an AKG C414, an AKG C451 and a Neumann TLM103, comparing the measured results against those stated by the respective manufacturers. A test environment was created by placing a microphone one metre in front of a single Near08 monitor speaker at the same height as the centre of the speaker cone. Using the calibration microphone to set the speaker output to a 1KHz sine wave at one Pascal (94dBSPL). Each microphone was tested in turn and the results recorded.

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Table 7.1: Comparison of Microphone Sensitivity

Microphone

Recorded Value (mVrms)

Equivalent Value (dBV) -44.56

Manufacturer Quoted Value (dBV) -34 (AKG, 2009a)

Difference

AKG C414

5.917

-10.56

AKG C451

4.071

-47.81

-41 (AKG, 2009b)

-6.81

Neumann TLM103

7.01

-43.09

-32.5 (Neumann, 2010a)

-10.59

All three microphones show a noticeable drop between the recorded sensitivity and the value quoted by the manufacturer. It is possible that the manufactures are trying to over sell the ability of their microphones however it is much more likely that other factors are impairing the results of tests. The drop in sensitivity between the measured value and the quoted value is likely to be an effect of the age and the amount of times the microphone has been used, the performance will decay over time, especially if the microphones have been dropped or treated badly. The movement of the diaphragm may have been lessened and restricted over time due to build up of dust or saliva reducing the sensitivity. The test environment will also affect the outcome of the results. Ideally the tests will be undertaken in an anechoic chamber as reflections and absorption in the room in which the tests were undertaken could affect the results.

Even with the reduced sensitivity when compared with against the quoted value the three microphones still have a suitable level of sensitivity for recording an acoustic guitar and vocals.

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Microphone Testing Frequency Response


The flat response of the C414 between 80hz and 1.2KHz gives an accurate recording of the fundamental frequencies of the guitar as seen in figure 7.2 below. The small dip around 1.5KHz helps to reduce some of the resonance of the guitar. The peaks between 5KHz and 8KHz and 9KHz and 18KHz help the sustain at high frequencies, increasing the time the notes ring out for.

Figure 7.2: AKG C414 Frequency Response (AKG, 2009b)

Two frequency analyses were undertaken on all three microphones, the Fast Fourier transform (FFT) Analysis and Maximum Length Sequence (MLS) Analysis, again using CLIO, to be able to compare and contrast each microphone against the others as well as the manufacturers specification. An FFT analysis is performed by outputting white noise, with CLIO recording the frequencies being returned. MLS works by CLIO outputting 3 sequences of frequency sweeps, CLIO then compares the frequencies output with those returned to calculate changes added by the microphone or recording environment. When testing the frequency response of a microphone there are other factors that may affect the recorded outcome; such as the response of speakers, the acoustics of the room, comb filtering or build up of bass frequencies through modes and rumbles coming up through the microphone stand from the floor. To attempt to distinguish between properties of the room and the frequency response of the microphone a comparative analysis was conducted under the same test conditions with the flat frequency response calibration microphone. Amongst the primarily flat frequency response quoted by the manufacturer, the effects of the room can be observed in figure 7.3 and 7.4 below, larger versions can be seen in Appendix 3 and Appendix 4. The dip at 1500Hz is evident with peaks at 5KHz and 8KHz and 9KHz and 18KHz also visible, although not at the same increments as the quoted amounts as the first peak looks larger than the second.
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Figure 7.3: AKG C414 FFT Analysis

Figure 7.4: AKG C414 MLS Analysis

The AKG C451 was tested in an identical fashion using CLIO. Again, two frequency analyses were undertaken on the AKG C451. The manufacturer quotes, see figure 7.5 below, a small roll off below 200Hz with a presence peak between 5KHz and 20KHz. The peak at these higher frequencies will again enhance the harmonics of the guitar. Having a small roll off below 200Hz will also help to reduce any thumping bass sounds or extra unwanted resonance coming from the sound hole of the guitar.

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Figure 7.5: AKG C451 Frequency Response (AKG, 2009d)

Apart from possible modes at 50Hz and 80Hz the roll off below 200 is present and the presence peak between 5KHz and 20KHz is also clear, following the same curve as stated by the manufacturer. Larger version of the analyses can been found in Appendix 6 and Appendix 7.

Figure 7.6: AKG C451 FFT Analysis

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Figure 7.7: AKG C451 MLS Analysis

The manufacturers guide for the TLM103 states that the microphone should have a bass roll off from 80Hz with a presence peak rising between 3KHz and 8KHz and maintaining at +4dB through to 15KHz where it drops off again, see figure 7.8. The peak at the top end will help to add presence to a male vocalist.

Figure 7.8: Neumann TLM103 Frequency Response (Neunmann, 2010b)

Again using two of the frequency analysers from CLIO, FFT and MLS analysis, and measuring the frequency response, analysis was undertaken to test for suitability of recording vocals. Using the results, see figure 7.9 and figure 7.10, the peak between 3KHz tailing off from 15KHz can be seen and the tail off after 80Hz is also visible, only obstructed by a possible more at 50Hz which has been a common occurrence in all of the analyses. Larger version of the analyses can been found in Appendix 9 and Appendix 10.

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Figure 7.9: Neumann TLM103 FFT Analysis

Figure 7.10: Neumann TLM103 MLS Analysis

To try and obtain a clearer picture of the influence of the room acoustics and potential problems with the speakers over these tests the flat frequency response calibration microphone was used to measure the effect of the room and to draw conclusions. It is clear when putting all of the FFT tests on one graph that many of the fluctuations from the quoted frequency responses are universal between all four microphones. This is evidence that room selection and microphone placement are equally as important as microphone selection. See figure 7.11 below, or Appendix 11 for a larger version.
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Figure 7.11: FFT Analysis Comparison. Red - Calibration, Green - C414, Yellow - TLM103, White - C451

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Chapter 8: Microphone Placement


Microphone Placement for Acoustic Guitars
Recording an Acoustic Guitar in stereo, especially when it will be the only instrument in the recording allows for the creation of a wide stereo field in the final recording. The differing properties of various areas of the guitar can be captured and reproduced separately and the levels of each aspect controlled at the mix stage. Due to their flexibility, with 5 different polar patterns available, the AKG C414s are able to be set up in many different stereo microphone configurations. From previous recording experience with acoustic guitar it was decided to set them in a Blumlein configuration. The Blumlein stereo microphone technique is set up by placing two figure of eight microphones off axis from one another, with one microphone upside down virtually on top of the first microphone with the capsules of the microphones being as close as possible, see figure 8.1. A coincident pair of figure of eight microphones at 90o provides good correspondence between the actual angle of the source and the apparent position of the virtual image when reproduced on loudspeakers. (Rumsey and McCormick, 2006). When the microphones are positioned around 18 inches away from the guitar it allows the performer enough space to ensure they do not hit the microphones. Being in line with the sound hole it allows one microphone to point towards the bridge and one to point towards the 12th fret. Using a figure of eight configuration also means that ambience and reverberations from the room are recorded and in the right recording space this can reduce or even remove the need for reverb to be added at the mix stage. Pointing the microphone towards the bridge provides a Woody, warm, mellow. tone and Reduces pick and string noise. (Shure, 2012). Placing the microphone at the twelfth fret will generally produce a warm, full bodied sound with good tonal balance. Using this technique, the sound hole's contribution will be moderated since the microphone is not pointed directly at it. (MXL Microphones, 2012). Blending the two microphones at the mix stage gives a full complement of the guitar sound range without being over powered at any frequency range.

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Figure 8.1: Blumlein Pair (Garrison, 2011).

To complement the Blumlein Pair the AKG C451s were set up in spaced pair. The spaced pair configuration again records a stereo image capturing the differing characteristics of the guitar separately and localising them as a listener would hear them live. The AKG C451s are a good choice to be used in a spaced pair setup as small diaphragm condenser microphones are the ideal choice for acoustic guitar as they have less bass response than a large diaphragm condenser microphone. The spaced pair was set up using the 3 to 1 rule placing the microphones around 9 inches away from the guitar and 27 inches apart from one another, see figure 8.2. According to this rule, the distance between two mics should be at least three times the distance between each mic and the sound source. This keeps phase cancellations to a minimum, resulting in a smoother sound. (Humbucker Music, 2010). The microphones were again pointed one at the bridge and one at the 12th fret to maintain coherence between the two stereo configurations and to maximise the qualities of the guitar desired by the recording.

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Figure 8.2: Spaced Pair (Ratcliffe, 2009).

The microphone placement used can be seen below in figure 8.3. N.B the picture was taken whilst setting up and practising. The guitarist, and guitar, was closer to the microphones when being recorded.

Figure 8.3: Microphone Configuration

Microphone Placement for Vocals


When recording vocals with a large diaphragm condenser microphone it is important to ensure that the singer does not get too close to the microphone. The proximity effect can occur if the vocalist is too close to the microphone resulting in increased, but false, bass response. To prevent boomy bass, mike the singer at a distance,
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about 8 inches away. (Bartlett and Bartlett, 2005). By placing a pop shield between the microphone and the singer it reduces the extra breathy sound that is created when singing words with strong s or p sounds, preventing peaking in the recording. Initially for the first two takes the microphone was placed in line with the vocalists mouth so that they could sing straight on at the microphone and be relaxed whilst singing. However, the singer requested that the microphone be raised a few inches so that he could sing upwards and extend his range, allowing more air into his lungs and hitting the top end of the range of the song more comfortably and also giving the track more emotion and characteristics. The microphone positioning and set up can be seen below in figure 8.4.

Figure 8.4: Vocal Placement

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Chapter 9: Recording
Recording Session
After testing, the microphones selected for recording the Acoustic Guitar were two AKG C414s and two AKG C451s. The microphones were used in pairs in two stereo microphones configurations. By panning the microphones in their pairs left and right respectively a stereo field is created with each microphone having a different character depending on positioning.

Detail of the Song being Recorded


Luke Spooner is a singer song writer based in Staffordshire in his first year of University. His song, Purpose, written by himself was the song chosen to be recorded. A lyric and chord sheet can be found in Appendix 12. Spooner, and his song Purpose, were selected to be recorded as a result of his strong song writing skill, showing talent for which a single song agreement, like the one attached, could be offered. With the musical composition being just over 2 minutes in length it could also benefit from creative advice from a publisher to extend it to 3 to 4 minutes, a more commercially acceptable length. The recording is a basic arrangement of the song comprising of a single acoustic guitar and lead vocal. The recording gives the publisher and potential customers an idea of the songs composition and melody but allows the publisher to find artists to cover the track, which would be particularly helpful if Spooner was not an artist himself. For the recording Spooner both plays the guitar and sings.

Mixing the Recorded Song


As a result of the recording only being a basic demo the mixing was kept to a minimum to reflect the amount of time that would be spent to create a rough mix. The introduction and main acoustic strumming part were separated onto separate tracks to allow them to be processed individually. The introduction, played on the acoustic guitar, is a quieter finger picked part. A hum, likely mains, was present on all four tracks, which was only identified at the mix stage, otherwise it would have been re-recorded, notching the EQ at 200Hz where the hum was present. Boosting at 800Hz with a wide Q value
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added clarity and extra punch to the bass notes of the chords being picked. Rolling off the tail end of the bass frequencies eliminated any rumble coming from floor through the microphone stands. A compressor was added to give on average 3dB of gain reduction. This helped to give continuity from note to note but not to completely squash the dynamic range, aiming to bring up the level of notes perhaps not picked perfectly. The recordings of the guitar for the body of the song had too much bass, becoming very muddy and losing clarity, using a frequency analyser built into the EQ as a guide, frequencies around 200Hz were reduced. To add more definition to the intricacies of the guitar, especially the hammer ons and pull offs between chords as well as adding more punch to the rhythm tapping of the strings the EQ was boosted a small amount between 5KHz and 10KHz. A compressor was added with a short attack time and a ratio of 2.5:1. With the majority of the guitar parts being played at a similar intensity the whole way through the small amount of compression helps to bring up the points where chords and pauses are held, whilst controlling the loudness of the slaps on the strings and the generally louder first strum of each phrase. Using the Blumlein configuration eliminated the need for reverb, capturing the natural reverb of the room with the back of each figure-eight microphone. The vocals were rolled off below 80Hz with a small reduction at 200Hz to remove some of the bass and helping with the clearness of the diction of the words. Boosting between 4KHz and 10KHz added presence to the vocals, especially at the top end of the vocalists range. Small amounts of compression were added to ensure the vocals were a similar level throughout without removing all dynamic range. This also helped raise the level of the vocals in the mix by reducing some of the loudest notes of the vocal line. The two C414s were panned hard left and right, creating a wide stereo field. The C451s were also panned left and right, but brought into the centre slightly to help fill the mix however at a lower output level than the Blumlein, which was the nicer sounding of the two pairs. The final recording of the song can be heard on track one of the attached CD.

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Chapter 10: Conclusion and Recommendations


The initial aims for this report were to investigate the music publishing industry, following through the entire range of what the industry encompasses. The research highlighted the importance of music publishing to the music industry as a whole as well as to the song writers and artists involved. Music publishing is a very important part of the music industry and one of the largest sources of income for well-known artists. Paul McCartney of the Beatles once said to Michael Jackson about music publishing This is the way to make big money Every time someone records one of these songs, I get paid. Every time someone plays these songs on the radio, or in live performances, I get paid. With the music industry on the decline, constantly threatened by piracy, music publishing is standing fast and bucking the trend. Industry figures of turnover are on the increase with live performances, synchronisation deals and recordings of records all still taking place. The ease and simplicity in which major publishers have made buying licenses for their works will only increase the popularity and revenue generated from these streams. Copyright law protects the intellectual property of the writers and publishers, without this the industry itself would not be possible. The single song agreement produced to accompany this report is the result of research into the content of agreements, investigating the clauses needed to make the contract legally binding but also fair and beneficial to both parties involved. Following research into the industry it was found that when a single song assignment is signed between two parties it is important for at least a demo recording to be produced, helping to firm the copyright of the song, as the melody line and arrangement are set in a permanent form. Some songs signed by publishers may not be used, or even properly recorded for years, but the publisher will choose to sign the song or song writer initially for future potential of further works being produced. To increase the validity of the microphone tests the conditions could be altered to produce more accurate results. By using brand new microphones in an anechoic environment the tests would give much more accurate results on the sensitivity and frequency response of the microphones. Changing the tests to these conditions however does not give any indication of how the microphones will perform in the recording room, as there will be other factors affecting the frequency response of the microphone in the space. Two possibilities for expansion of this report are to produce additional contracts by way of comparison; looking in further detail at the key differences between the non35 of 55 09003830

exclusive single song agreement and the exclusive writer contract for example. Another suggestion is to take the demo recording to the next stage, recording a full version of the track and investigating the additional techniques required to do so. Then looking at how licences are obtained, with the publisher proactively looking for commercial exploitation for their works.

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References
AKG. (2009a). C414 User Specification. Available: http://www.akg.com/mediendatenbank2/psfile/datei/78/c414_xls_x4a7934ec09932.pdf. Last accessed 10/04/2012. AKG. (2009b). C414 Specification. Available: http://www.akg.com/picture.php?txt=For%20image%20download%3A%20right%20click %20image%2C%20click%20%22Save%20Picture%20%28Image%29%20As%22%2C%2 0click%20%22Save%22.&pic=/mediendatenbank2/pspic/hires//9/. Last accessed 18/04/2012. AKG. (2009c). C451 User Specification. Available: http://www.akg.com/mediendatenbank2/psfile/datei/2/c451b4055c45b571e0.pdf. Last accessed 13/04/2012. AKG. (2009d). C451 Specification. Available: http://www.akg.com/picture.php?txt=For%20image%20download%3A%20right%20click %20image%2C%20click%20%22Save%20Picture%20%28Image%29%20As%22%2C%2 0click%20%22Save%22.&pic=/mediendatenbank2/pspic/hires//95. Last accessed 18/04/2012. Bartlett and Bartlett (2005). Practical Recording Techniques. 4th ed. Oxford: Elsevier. p165. Benjamin Fox. (2012). EU to delay decision on Sony and Universal EMI takeover. Available: http://euobserver.com/871/115747. Last accessed 09/04/2012. Gammons (2011a). The Art of Music Publishing. Oxford: Elsevier. p85. Gammons (2011b). The Art of Music Publishing. Oxford: Elsevier. p82. Gammons (2011c). The Art of Music Publishing. Oxford: Elsevier. p81. Gammons (2011d). The Art of Music Publishing. Oxford: Elsevier. p84. Harrison, A (2008a). Music, The Business - The Essential Guide to the Law and the Deals. 4th ed. London: Virgin Books. p296. Harrison, A (2008b). Music, The Business - The Essential Guide to the Law and the Deals. 4th ed. London: Virgin Books. p299.
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Humbucker Music. (2010). Acoustic Guitar Recording Techniques. Available: http://www.humbuckermusic.com/acguitrectec.html. Last accessed 17/04/2012. Independent Recording. (2006). Frequency Chart. Available: http://www.independentrecording.net/irn/resources/freqchart/main_display.htm. Last accessed 10/04/2012. Music Publishers Association. (2011). What is Music Publishing. Available: http://www.mpaonline.org.uk/content/what-music-publishing. Last accessed 01/11/2011. Music Publishers Association. (2012). Music Publishers Association. Available: http://www.mpaonline.org.uk/. Last accessed 06/01/2012. MXL Microphones. (2012). Recording Basics. Available: http://www.mxlmics.com/support/recording-basics.php. Last accessed 17/04/2012. Neumann, (2010a). Operating Instructions TLM103. [pdf] Berlin: Neumann. Available: http://www.neumann.com/download.php?download=copi0136_TLM103_071761-A06_062010.pdf. Last accessed 13/04/2012. Neumann. (2010b). TLM103 Technical Data. Available: http://www.neumann.com/?lang=en&id=current_microphones&cid=tlm103_data#. Last accessed 19/04/2012. Owsinski (2004). Recording Engineer's Handbook. Boston: Course Technology. p180. Paul Williams. (2011). Publishing market share: And the winner is....Available: http://www.musicweek.com/story.asp?sectioncode=2&storycode=1044724. Last accessed 11/12/2011. PRS for Music. (2011). About Us. Available: http://www.prsformusic.com/aboutus/pages/default.aspx. Last accessed 03/11/2011. Randi Reed. (2010). What Unsolicited Material Really Means, And How to Get Your Unsolicited Demo Solicited. Available: http://musicbizadvice.com/advice/qa/qa-whatunsolicited-material-really-means-and-how-to-get-your-unsolicited-demo-solicited/. Last accessed 09/04/2012. Ratcliffe. (2009). Home Studio: Recording Acoustic Guitars. Available: http://www.ratcliffe.co.za/articles/acmic2.jpg. Last accessed 18/04/2012.
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Shure. (2012). Microphone Positioning - Acoustic String Instruments. Available: http://www.shure.co.uk/support_download/educational_content/microphonesbasics/acoustic_string_instruments. Last accessed 17/04/2012. Sobel and Weissman (2008a). Music Publishing - The Roadmap to Royalties. Oxon: Routledge. p71. Sobel and Weissman (2008). Music Publishing - The Roadmap to Royalties. Oxon: Routledge. p65. Stephen Gandel. (2009). Michael Jackson's Estate: Saved by the Beatles. Available: http://www.time.com/time/arts/article/0,8599,1908185,00.html. Last accessed 07/04/2012. The Copyrights Designs and Patents Act 1988. (s9), London: HMSO. Vivendi. (2011). Annual Report 2011. Available: http://www.vivendi.com/vivendi/IMG/pdf/20120330_Annual_Report_2011-2.pdf. Last accessed 04/04/2012. Warner Music Group. (2012). Warner/Chappell. Available: http://www.wmg.com/. Last accessed 04/04/2012. Whitsett (2000a). Music Publishing - The Real Road to Music Business Success. 5th ed. California: MixBooks. p72. Whitsett (2000b). Music Publishing - The Real Road to Music Business Success. 5th ed. California: MixBooks. p61. Whitsett (2000c). Music Publishing - The Real Road to Music Business Success. 5th ed. California: MixBooks. p62.

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Bibliography

Bartlett and Bartlett (2005). Practical Recording Techniques. 4th ed. Oxford: Elsevier. Clark (2011). Mixing, Recording, and Producing Techniques of the Pros. 2nd ed. Boston: Cengage Learning. Gammons (2011a). The Art of Music Publishing. Oxford: Elsevier. Harrison, A (2008a). Music, The Business - The Essential Guide to the Law and the Deals. 4th ed. London: Virgin Books. Passman (2004). All you need to know about the Music Business. 4th ed. London: Penguin. Sobel and Weissman (2008a). Music Publishing - The Roadmap to Royalties. Oxon: Routledge. Whitsett (2000a). Music Publishing - The Real Road to Music Business Success. 5th ed. California: MixBooks.

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Appendices
Appendix 1 Frequency Ranges of Instruments (Independent Recording, 2006).

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Appendix 2 Sensitivity of AKG C414

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Appendix 3 AKG C414 FFT Analysis

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Appendix 4 AKG C414 MLS Analysis

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Appendix 5 Sensitivity of AKG C451

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Appendix 6 AKG C451 FFT Analysis

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Appendix 7 AKG C451 MLS Analysis

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Appendix 8 Sensitivity of Neumann TLM103

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Appendix 9 Neumann TLM103 FFT Analysis

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Appendix 10 Neumann TLM103 MLS Analysis

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Appendix 11 FFT Analysis Comparison. Red Calibration, Green C414, Yellow TLM103, White C451

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Appendix 12 Purpose Luke Spooner

Verse I G Am

Whats the point in living if you C G Cant feel alive G Am Cmaj12th

Never knowing where to Emadd9

Take your life G Am

Whats the point in trying if C G Theres no goal to reach G Emadd9 Am Cmaj12th Nobody will listen if youve

Nothing to preach Pre-Chorus Emadd9 Cmaj12th

(Well) Whats our purpose G Emadd9 D/F# Cmaj12th

If we live to die

(Does it) Make you nervous? G D/F#

To question why

Chorus G (So tell me) Why


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Am

C Do we turn our backs on our fate G Am Its pointless C To go against the grain G Am C

(Why) Do we hesitate G Am C

To, be our-selves G am C

Every Day G Am C G G Am Emadd9 Cmaj12th

Verse II Whats the point in praying if Youve never known who youre praying to Having faith is easy but You gotta stay true Now I dont believe in god I believe in equality Whether youre rich or poor You deserve to speak Pre-Chorus and Chorus

Lyrics and Music by Luke Spooner

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Appendix 13 Fast Track Ethics Form

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An Investigation into Music Publishing and the Technology used to create a Commercially Exploitable Recording.

Project Music Publishing Contract Single Song Assignment


Joel Rawlinson 09003830

Date: This contract made 1st of May 2012

Contractual Parties: Between PublishersName hence referred to as the Publisher, of PublishersGroup of PublishersAddress and SongWritersName hence referred to as the Song Writer of SongWritersAddress.

IT IS AGREED AND STIPULATED THAT:

1. Definitions 1.1. Addendum The Addendum attached and incorporated hereto. 1.2. Legal Jurisdiction As specified in the addendum. 1.3. Publisher As specified in the addendum. 1.4. Song Writer As specified in the addendum. 1.5. Territory As specified in the addendum.

2. Assignment of Rights 2.1. The Writer hereby assigns and transfers to the Publisher the work entitled SongName hence referred to as the musical composition or the works as composed and written by the aforementioned writer including all rights of every aspect including but not exclusively: 2.1.1. To copy, distribute, print, publish, sell and otherwise commercially exploit printed copies of the musical composition. 2.1.2. To reproduce and commercially exploit the musical composition mechanically through reproduction including not but exclusively, discs, memory drives, tapes and vinyls. 1 of 8 09003830

2.1.3. To publicly perform the musical composition using mediums including by not limited to: radio, television and synchronisation to pictures, including advertisement, including the use of the internet and mobile device to do so. 2.1.4. To make changes, adaptations, new arrangements and alterations to the music composition including the ability to translate the lyrics and title to additional languages. 2.1.5. To be able to grant licences for the commercial exploitation of the musical composition through synchronisation with films, television programmes, computer games, advertisement or any other possible audiovisual presentation. 2.1.6. To collect all of the royalties, fees and any other income generated from the exploitation of the rights and use of the musical composition. 2.1.7. To be able to license others to deploy the works as outlined above provided the Publisher is still responsible for delivering all royalties to the writer. 2.2. The Writer grants the Publisher all necessary consent, including that required under the Copyright Designs and Patents act 1988, to be able to exercise the granted rights. 2.3. The Writer agrees that the Publisher has the exclusive right to use or grant the use of the Writers name and any approved likeness, photograph and biographical material for the purpose of advertising and marketing the licensing of the music composition and for the publicity of the Publisher as a whole. 2.4. The Writer agrees for the Publisher to register the works with the PRS for Music and be the sole registration of the works with them, as a result be able to collect all associated royalties earned through them.

3. Synchronisation Licences 3.1. The Publisher will send all details of requests for synchronisation licences to the Writer or agreed representatives of the Writer by email to be considered for approval. The Publisher has the right to approve the granting of requested licences provided that the Writer or agreed representatives of the Writer does not respond to initial correspondence within five working days in respect to use in advertisements and three working days for all other synchronisation licenses as outline in clause 2.1.5. 3.2. The Publisher will issue a request and wait for a response in writing from the Writer before granting licenses for the synchronisation of the musical composition with any advertisement of a political or sexual natural or for any age-restricted substances in addition to any products or services that the Writer has previously made the Publisher aware of a desire to not be associated with. 2 of 8 09003830

4. Expectations of the Publisher 4.1. The Publisher agrees to use reasonable endeavours to commercially exploit the musical composition within the territory as stated in Clause 12.1. 4.2. The Publisher agrees to ensure that the Writer is given full credit for the creation of the Musical Composition whereby it is the standard practice to do so and when it is within the Publishers powers to influence the decision.

5. Advances 5.1. An advance of 2000 will be paid to the Writer by the Publisher by way of a BACS transfer. 5.2. The Writer is expected to within seven (7) days of the signature of this agreement provide details of a UK bank account where the advance shall be transferred within thirty (30) days of receiving the bank details. 5.3. All advances payable by the Publisher to the Writer shall be non-returnable but fully recoupable from the royalties due under this agreement. 5.4. Up to fifty (50) % of the original advance payment may be cross-collateralised against any future agreement between the two parties in which royalties earned from additional works fully recoup any additional advance payment to the Writer.

6. Royalties 6.1. The Publisher shall have the right during the Term of this agreement to collect all royalties, fees and other associated income arising from the commercial exploitation of the Musical Composition. 6.2. The Publish will credit the Writers royalty account with royalties as outlined below with respect to the commercial exploitations of the Musical Composition 6.2.1. Fifty (50) % of the selling price, at retail, of every printed edition of the Music Composition which is published and sold by the Publisher, agents of the Publisher or licensees with the Publishers permission. 6.2.2. A pro rata portion of fifty (50) % of the selling price, at retail, of every printed edition of the Music Composition which is published and sold by the Publisher, agents of the Publisher or licensees with the Publishers permission. 3 of 8 09003830

6.2.3. Fifty (50) % from the sale of the mechanical reproduction rights of the musical composition. 6.2.4. Fifty (50) % from the sale of the mechanical reproduction rights arising from any cover version of the Musical Composition acquired by the Publisher or representatives of the Publisher. 6.2.5. Fifty (50) % of the share passed on by the PRS for Music of Public Performance Fees. 6.2.6. Fifty (50) % of all synchronisation revenue earned by the Musical Composition and obtained by the Publisher. 6.2.7. Eighty (80) % of all synchronisation revenue earned by the Musical Composition and obtained by the Writer, whereby the Writer can show proof of effort undertaken to obtain such synchronisation deal. 6.2.8. Fifty (50) % of all other monies arising from any addition commercial exploitation of the Musical Composition. 6.3. Expect for in the instance of printed editions of the Musical Composition as outlined in clauses 6.2.1 and 6.2.2 the above royalties shall be calculated on one-hundred (100) % of the gross earnings of the Musical Composition, calculated at source, less only sales tax. 6.4. The Writer agrees that they will accept no further payment for royalties earned by the Music Composition until the initial advance has been fully recouped. 6.5. The Writer agrees that the royalties payable as above represent fair remuneration for the transfer of the rights associated with the Musical Composition.

7. Accounting 7.1. The Publisher will calculate biannually all royalties due to the Writer under this Agreement as of 30th June and 31st December each year. Within ninety (90) days of both dates the Publisher will send, either by letter, email or will make the information available online, the Writer a statement with reasonable details outlining the royalties earned by the Musical Composition in the given time period. Once calculated the Publisher will play the Writer any outstanding monies owed to them after the full advance has been recouped. 7.2. The Publisher will only pay monies already collected by the biannual cut off accounting dates, any monies declared but not paid to the Publisher by Sub-Publishers or Licensees will not be paid or declared in the financial statement until receipt of these monies by the Publisher. The Publisher agrees to undertake reasonable endeavours to ensure prompt payments from third parties. 4 of 8 09003830

7.3. The Publisher agrees to provide details in the financial statement of commercial exploitation achieved by them and a breakdown of exploitation achieved by third parties on behalf of the Publisher. 7.4. If the Publisher are unable to receive royalties from any country in the agreed Territory as stated in Clause 12.1 due to the laws in said country, at the request of the Writer the Publisher will pay owed royalties into a bank account opened by the Writer in that country to fulfil the obligations of this agreement.

8. Auditing Rights 8.1. The Writer or a certified accountant working on behalf of the Writer may with forty-eight (48) hours written notice inspect the Publishers records and accounting books relevant to the Musical Composition at their address no more than once a year. No such inspection shall be permitted after three (3) years of the initial issuing of the financial statement for that period. Before submitting their findings any representative of the Writer is required to review their findings with an appropriate member of the Publishers staff team to ensure any disputes or inaccuracies are genuine. 8.2. Any cost of such inspection as outlined above will be at the sole expense of the Writer unless an error is found as a result of the audit in the favour of the Writer by ten (10) % or more. In this instance the Publisher agrees to pay the addition difference owed to the Writer as well as reimbursing reasonable cost of the inspection, excluding travel and accommodation costs. If the error is found to be less than ten (10) % then the Publisher will pay the difference to the Writer but will not reimburse for the audit.

9. Writers Declaration 9.1. The Writer hereby declares that: 9.1.1. You are an adult over the age of eighteen (18). 9.1.2. The Musical Composition is wholly original work, or an arrangement of work in the public domain, which is not defamatory or obscene and does not contain any previously owned material. 9.1.3. You are free to enter into this agreement and you are not contractually obligated to any other third party preventing, conflicting or interfering with the rights being transferred in this agreement. 9.1.4. You have obtained professional and independent legal advice in regards to this Agreement or you knowingly waive your right to do so.

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10. Assignment 10.1. The Publisher withholds the right to transfer this Agreement, and as a result the rights to the Musical Composition, to an associated company either acquiring all, or a substantial amount of the companys assets. The Publisher agrees to continue to be liable for their obligations hereunder unless the associated company agrees to accept the liability as a result of obtaining the rights as transferred in this agreement.

11. Termination 11.1. Either party may terminate the Agreement immediately by written notice to the other party in the event that the other party is found to be in breach of any obligation as hereby stated. If the breach is capable of remedy such termination shall not occur until fourteen (14) days after the issue of termination has been declared and shall only progress if the offending party has not resolved the breach.

12. Territory 12.1. The Territory for this agreement shall be set forth in the Addendum annexed hereto.

13. Miscellaneous 13.1. The Agreement contains the entire understanding of both parties relating to the relationship between Publisher and Writer and supersedes all previous and existing arrangements between the parties whether written or oral in relation to the subject matter of this agreement. 13.2. No changes to this Agreement will come into effect unless in writing and signed by both parties. 13.3. Neither party shall be in breach of this Agreement for any losses arising from delays or failure in the performance of their obligations as stated under this Agreement due to events that are beyond reasonable control, commonly known as events of Force Majeure, provided that notification is given to the other party in reason detail and promptly. 13.4. This Agreement does not create or deem to have created a partnership or employment contract between the two parties. 6 of 8 09003830

13.5. All notices hereby given under this Agreement must be in writing and be delivered either by hand or by first class post. The receiving party will be deemed served at the time of delivery, if by hand, or by the second business day after posting in the case of postage.

14. Legal Jurisdiction

14.1. The Legal Jurisdiction for this agreement shall be set forth in the Addendum annexed hereto.

15. Witness 15.1. 15.2. 15.3. Witnessed by: Signature: Date:

The Publisher Signature:

Date:

The Writer Signature:

Date:

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Addendum

Section 1. Legal Jurisdiction

This Agreement shall be governed by English law and the High Court of Justice in England shall be the court of jurisdiction.

Section 2. Publisher

The Publisher is PublishersName wanting to be assigned the rights to SongName to commercially exploit the Musical Composition.

Section 3. Song Writer

The Song Writer is SongWritersName wanting to transfer the rights to SongName to the Publisher in return for an Advance and addition royalties arising from their commercial exploitation.

Section 4. Territory The Territory for this agreement is the World and the entire Universe.

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