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Adobe Acrobat PDF complet (14 MB) - La Scena Musicale

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MUSICULTURE<br />

The Music Industry Bible, Version 8<br />

Donald Passman’s All<br />

You Need to Know About<br />

the Music Industry<br />

by PHILIP EHRENSAFT<br />

When a book announcing that it<br />

tells you all you need to know<br />

about the music industry<br />

comes out in an eighth edition,<br />

it has passed a Darwinian test.<br />

As a young music industry lawyer in Los Angeles,<br />

Donald S. Passman observed a shared<br />

characteristic of brain surgeons and musicians:<br />

“.... each one is capable of performing his craft<br />

brilliantly, and generating huge sums of money.<br />

Without the need for any financial skills. In<br />

most businesses, before you can start earning<br />

big bucks, you have to be pretty well schooled<br />

in how the business works ...But in entertainment,<br />

as in surgery, you can soar to the top<br />

without any business expertise.”<br />

That lack of expertise often leads to a lot of<br />

woe. So Passman started teaching a course at<br />

the University of Southern California about<br />

what makes the music industry tick, aimed at<br />

musicians as well as other music professionals.<br />

For musicians, the message was: most of<br />

you should not manage your own career, but<br />

you better get a solid handle on how the music<br />

business works in order to monitor whether<br />

your manager, booking agent, and lawyer are<br />

doing a good job.<br />

In 1991, Passman turned his course notes<br />

into a book, All You Need to Know About the<br />

Music Business. It took off, as did Passman’s<br />

rise to the pinnacle of music<br />

law. Part and parcel of his<br />

rise is an evolution of music<br />

lawyers’ roles beyond the<br />

usual legal functions, to an<br />

integrative role as dealmakers<br />

in an increasingly<br />

complex and fragmented<br />

music sector. Passman’s<br />

deal making has involved<br />

the likes of Janet Jackson,<br />

Quincy Jones, Tina Turner,<br />

and R.E.M.<br />

Passman has a rare talent<br />

for transforming technical<br />

issues into a clear,<br />

entertaining prose. After<br />

advising musicians on<br />

how to choose and monitor<br />

their team of supporting<br />

advisors, he proceeds<br />

to the intricacies of record deals, songwriting<br />

and music publishing, group issues and touring,<br />

merchandising, and motion picture music.<br />

Any Canadian musician doing business in<br />

the world’s largest single music market will be<br />

well served by Passman’s book. Chapters like<br />

those on choosing advisors are equally applicable<br />

in Canada. Others require supplemental<br />

reading for the specifics of Canadian law and<br />

practices, but the reader will know what to<br />

look for.<br />

Passman’s clients indicate the focus of All<br />

You Need to Know: the popular music, including<br />

film music, that generates the lion’s share<br />

of music industry revenue, whether it’s the big<br />

buck acts in New York, L.A. and Nashville, or<br />

aspiring indie bands in outlying regions.<br />

Classical music gets a scant four-page chapter<br />

in Passman’s 480-page book, treated as a<br />

mostly poor-cousin special<br />

case of the music<br />

industry. When<br />

Passman discusses<br />

musicians’ clout, or lack<br />

thereof, in negotiating<br />

recording contracts, he<br />

refers to a starting artist<br />

as a musician who does<br />

not have a recording that<br />

has sold at least 100,000<br />

copies in the USA.<br />

In contrast, typical<br />

classical music sales are<br />

“... in the 5,000 to 10,000<br />

range worldwide.... In<br />

fact, a “big seller” classical<br />

album is 50,000<br />

worldwide.” Passman<br />

doesn’t pull punches on<br />

why “classical” classic<br />

music recording deals are now so rare: “Their<br />

economics suck. Classical records are very<br />

expensive to make and have limited sales<br />

potential.” Even if you’re a major-name classical<br />

artist and can get recording contracts, the<br />

terms for the artist’s cut are typically modest<br />

compared to pop music.<br />

Readers of <strong>La</strong> <strong>Scena</strong> are all too aware of this<br />

bleak situation. So why read a book that focuses<br />

on the nuts and bolts of popular music businesses?<br />

One reason is that these big-dollar genres<br />

set the economic parameters for the music<br />

sector as whole, including classical music. The<br />

special February 16, 2013, issue of the “Wall<br />

Street Journal of the pop music industry,”<br />

Billboard, is devoted to The Power 100 in the<br />

sector. Number one on the list is the chairman<br />

of Universal Music Group, Lucian Grange.<br />

Grange maintains that “The data shows and<br />

has proved that the enjoyment, the pleasure,<br />

the use, the interest in music has never been<br />

higher. That’s why we’re confident.... We’re<br />

monetizing things that we’ve not monetized<br />

before, and they’re coming elsewhere in the<br />

balance sheet.” The classical music sector<br />

would do well to monitor whether new strategies<br />

created by people like Grange can also<br />

bolster the balance sheet for art music.<br />

In particular, classical music has a great<br />

deal to learn from popular music’s pioneering<br />

use of social media to reshape the music sector.<br />

Social networking is front and center in<br />

Passman’s music business bible. But the shoe<br />

can also be on the other foot – witness the brilliant<br />

harnessing of You Tube by the young violinist<br />

Lindsey Stirling to launch her international<br />

career, as profiled in the March 2, 2013,<br />

issue of Billboard.<br />

Passman’s own analysis also suggests that<br />

many classical musicians may have superior<br />

lifetime net income flows, compared to many<br />

pop musicians with much higher gross<br />

incomes. Most pop musicians have relatively<br />

short careers. Not as short as football players,<br />

but most will not emulate the aging Rolling<br />

Stones in filling stadiums. An important part<br />

of the work of pros like Passman is getting pop<br />

musicians to plan ahead and save for the future.<br />

In contrast, classical musicians can typically<br />

continue their career in their 70’s and<br />

beyond. Pop musicians in their prime are also<br />

paying a larger proportional share of their big<br />

gross incomes for commissions to personal<br />

managers, booking agents, business managers,<br />

lawyers, and big touring expenditures<br />

for their band plus tons of electronic equipment<br />

and the staff to manage it.<br />

So classical tortoises may outrun pop music<br />

hares.<br />

LSM<br />

AVRIL/MAI 2013 APRIL/MAY 39

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