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Don???t buy your own tunes. An important notice from Bold n Boasy Entertainment.

Posted by Bold n Boasy Entertainment on May 26, 2016 at 9:25 AM Comments comments (7)

It may seem a bit unorthodox for us to make this such a huge part of our systems and user experience but we wanted to do this so that each and every client is made aware that partners such as Beatport, iTunes, and others WILL NOT tolerate individuals, artists, and/or record labels purchasing their own material for the sake of increasing its chart potential.

 

Producers take great pride in their music and their work and rightfully so. It takes skill, time, ambition, and hard work to get known in the very crowded music field. Some that have “made it” have done it in unique ways. Zedd made it by winning remix contests, Deadmau5 made it by putting out great and unique music over and over, and new producers are getting known every single day.

 

There are many ways to make it but one way to NOT make it is to buy your own music. As straight up as we can possibly say it, it’s not cool to buy your own music.

 

There are producers out there that think that buy purchasing their own tunes that they will go up in the charts and in most cases, they don’t. There are intricate tools in place preventing the song from increasing in the charts so really, all you are doing as a producer / dj is paying more money to the retailers and the content suppliers that put the music out there and you’re not getting any new recognition off it.

 

To make matters worse for anyone that’s buying their own material, it can be clearly noticed from whichever retailer or partner is selling the material that you are indeed purchasing the material yourself. (Believe it or not, there are usernames that match up to the artist names, and even worse, email addresses that match up to the artist names). So now ask yourself, if you are an artist and are buying your own material, using an email or username that matches your artist name, what do you think that retailer or streaming provider is thinking of you?

 

If you want to make it and/or receive the “cred” that you crave, then one way of achieving credibility, admiration and respect is to do it the real organic way. Put out solid music and do it consistently with professionalism, creativity, and with the intention of creating material that will innovate and not imitate.

 

As a company the piece of advice we tell every record label or artist is to work as hard as possible to be consistent with quality while not flooding the market. We know it is not guaranteed however, you will be opening up more doors on a positive note then you ever would by buying your own music.

 

Don’t ever buy your own tunes. It’s “juicing” and it’s not cool.

 

Each and every purchase is monitored closely and we will receive notification if a release and/or its songs are purchased and/or “juiced” as it’s commonly referred to in the industry. This message will be kept via SymphonicMS and the Royalty Portal as a commitment from Symphonic Distribution to its partners and clients that “juicing” and buying of your own music for the sake of reaching the charts WILL NOT BE TOLERATED. In such cases, this action may result in being taken off Beatport and/or potentially being terminated as a client with your music being taken down. With that said, please communicate to those you deal with (record labels, PRs, blogs, etc.) to not encourage this behavior as it will only damage your chances of growing your brand and its artists. Recently, we wrote a piece regarding the matter.

 

9 Things to Do Before You Release Your Next Single

Posted by Bold n Boasy Entertainment on May 26, 2016 at 9:20 AM Comments comments (0)

Releasing a single is one of the best ways to generate interest in your music and attract new fans. Some artists have built massive fan bases and revenue from a hit single; however, there’s a lot more that goes into successfully releasing a single than just posting it to your SoundCloud and sharing a link on your social media pages. If you want to leverage a single to break out into the marketplace, here are nine things you should do before you release your next single.

1. Create a plan

 

Create at least a three-month marketing plan to promote your new single. Break down your plan into specific stages and describe what strategies and tactics you are going to use to promote your single during each stage. Make sure your plan contains a timeline and milestones of what you want to accomplish at each stage.

 

2. Plan your debut

 

The introduction of your new single is important. Decide which method is the best way to debut your new single. Whether you’re going to do an exclusive blog premiere, radio promo, social media, record pools, music video or a combination of tactics, determine which tactics will make the most impact and give you a successful debut.

 

3. Define your narrative

 

Identify the unique narrative of your single and tie into to your overall brand story. Your narrative will help you to stand out and give you a story to develop press features.

 

4. Pick your distribution methods

 

Is your single going to be available for your free, streaming, or purchase? Decide where your single is going to be available whether it’s Bit2Music, Boldtunes, Spotify, iTunes, Apple Music, Amazon, SoundCloud, etc. Remember, just because your single is available for free in one place does not mean you cannot sell it somewhere else. Regardless of what retailers you choose, make sure your single is available on your website. Placing your single on your website gives you the opportunity to capture your fans’ email addresses.

 

5. Update your press kit and website

 

Update your bio with information on your new single and take fresh press photos in support of your campaign. Place all the information about your new single on your website including your updated bio, press photos, and, of course, your single.

 

6. Register your work

 

Properly register your single to protect your work, collect your revenue, and track your analytics. Make sure you register your song with your performance rights organization, the U.S. Copyright office, and SoundExchange. You also want to make sure you register your song with Nielsen BDS to track your spins.

 

7. Make a clean version of your single

 

If you are going to do a radio promo for your new single and your song has explicit lyrics, create a clean version. Radio stations are not going to play your song if it has explicit lyrics and risk getting fined by the FCC.

 

8. Create your visuals and marketing materials

 

Create your cover artwork, photos, and other marketing materials before the start of your campaign. If you are going to shoot a music video, decide on the concept, filming logistics, release date, and promo plan for your video. Make sure all your visuals and marketing materials are consistent with your brand.

 

9. Know what’s next

 

So you have this great new single and it’s starting to catch on…what are you going to next? Know how you are going to build on the momentum of your single. Decide if you are going to release another single, an EP, or an album. You can also capitalize on the success of your single by getting major press features, booking bigger shows, and pursuing revenue opportunities such as endorsements and sponsorships.

 


ASCAP settles with U.S. over music licensing.

Posted by Bold n Boasy Entertainment on May 13, 2016 at 6:00 AM Comments comments (0)

The American Society of Composers, Authors and Publishers, better known as the music licensing firm ASCAP, agreed to pay $1.75 million to settle a Justice Department charge that it blocked members from independently licensing their songs, the department said on Thursday.

 

ASCAP said that the settlement would allow it to press on with talks with the department over how to amend a decades-old consent decree that governs how songwriters are paid.

 

Under the settlement, ASCAP will pay $1.75 million for entering into some 150 exclusive contracts with songwriters and others even though a court order barred ASCAP from blocking them from directly licensing their own music.

 

"With these issues resolved, we continue our focus on leading the way towards a more efficient, effective and transparent music licensing system and advocating for key reforms to the laws that govern music creator compensation," said ASCAP CEO Elizabeth Matthews in a statement.

 

ASCAP and Broadcast Music Inc (BMI), which license about 90 percent of music heard on online services and in movies and restaurants, have been pressing the Justice Department to change or scrap agreements it reached with them in 1941 in order to take into account changes that have come with the rise of music streaming services like Pandora Media Inc.

 

ASCAP represents artists like Beyonce, Billy Joel, Katy Perry and Hans Zimmer.

 

Currently, any dispute over the cost of a license goes to "rate courts," which were established by 1941 consent decrees and are based in the U.S. District Court for the Southern District of New York.

 

ASCAP collected more than $1 billion in 2015, and distributed $870 million to its members.

 

(Reporting by Diane Bartz; Editing by Sandra Maler)

Apple Music is getting a major overhaul

Posted by Bold n Boasy Entertainment on May 12, 2016 at 11:10 AM Comments comments (0)

Apple Music is set to make big changes over the summer, Nelly Furtado has joined the long list of artists hitting out a YouTube for underpaying musicians, and Radiohead blackballs Spotify with their new album.

For the past ten months, Apple Music has been facing the same question from the upper echelons of the music business: when are you going to go big on marketing?

 

Unlike Spotify, Apple doesn’t have to rely on investment bucks to fuel its promotion – it can turn to its $200bn-plus in cash reserves.

 

So far, though, Apple Music’s advertising push has only occasionally reached mainstream levels – certainly when compared to the likes of its Beats by Dre devices.

 

That’s all about to change.

 

According to Bloomberg, Apple Music is getting an overhaul at WWDC in June – the San Francisco event which the Cupertino giant used to launch the service last year.

 

(MBW has also been told by label sources that a major redesign is coming, but pegged for a ‘pre-September’ public launch.)

 

Following what Bloomberg calls a “management shakeup”, Apple Music’s new look is being overseen by content head Robert Kondrk and Nine Inch Nails frontman Trent Reznor. Apple’s renowned design boss Jony Ive is also involved, along with Jimmy Iovine and Eddy Cue.

 

The revamp will focus on making the app more intuitive, according to the report, while Apple “also plans to better integrate its streaming and download businesses and expand its online radio service”.

 

By the end of this process, says Bloomberg, “The changes will be accompanied by a marketing blitz to lure more customers to the $10-per-month streaming service.”

 

Music to the major labels’ ears.

 


 

One Dance just became Drake's first No. 1 hit as a lead artist.

Posted by Bold n Boasy Entertainment on May 10, 2016 at 7:40 AM Comments comments (0)

After scoring multiple No. 1 hits as a featured guest and racking up dozens of top 10 singles, Drake has finally earned his first solo chart-topping-single. According to Billboard, "One Dance" — one of the first two singles cut from Drake's new album Views, along with "Pop Style" — is taking the top spot on the newest edition of the Billboard Hot 100, beating out Desiigner's "Panda" and Lukas Graham's "7 Years." You can think of it as the cherry on top of Views' massive first-week sales: the album moved over 1 million equivalent album units in its first week of availability and smashed the record for first-week streaming totals, a feat it accomplished despite remaining an Apple Music exclusive.

 

How did Drake get this far without scoring a No. 1 hit as a lead artist? He's had nine other such songs creep into the top 10, including two that stalled out at No. 2: "Best I Ever Had" (cut from 2009's So Far Gone EP) and last year's massive "Hotline Bling," which was held out of the top spot by an exclusivity deal with Apple and unlucky timing. (Adele's "Hello" stormed onto the charts one week after "Hotline Bling" reached peak cultural saturation.) And while it's hard to believe that songs like "Take Care" and "Hold On, We're Going Home" didn't achieve the same kind of success as "One Dance," the numbers don't lie. Drake's only other No. 1 hits have been tied to Rihanna singles: he guested on 2010's "What's My Name?" and this year's "Work," both of which rose to the top spot.

 

"One Dance" may be Drake's first solo No. 1 hit, but there's a good chance it won't be his last. He's going to spin a few more singles off of Views before the album's release cycle wraps up, and a few candidates — particularly "Controlla" and the Rihanna feature "Too Good" — could have what it takes to give him another crack at the top spot.


THE RAPPER WAS A BLAST AT BRITJAM COOKOUT 2016

Posted by Bold n Boasy Entertainment on March 24, 2016 at 10:20 AM Comments comments (0)

BRITJAM COOKOUT WAS A SUCCCESS AND THE RAPPER WAS A BLAST. Dancehall hot rapper Knocklife conquered the Award winning Event "Britjam Cook Out 2016" with a theatrical hip-hop, dancehall musical performance that jettisoned through his career, paying tribute to the hands that put him in the lime light, Good Good Productions on the Liquor Riddim "Ball With A Star", True Friend and after he drop the runaway single title "Jamaican On The Rise". Knocklife, who wasn't just celebrating the event, but relishing the opportunity to perform in front of "Britjam Cook Out" crowd. So, yeah, there was never any doubt he meant business. And like most things he and his wonderful Wife and team support do, the attention to detail in his performance was evident. "Jamaican On The Rise" is doing great in parts of the U.S, Canada, Europe and the Caribbean alike. Dancehall Hot Rapper Knocklife said, Thanks to his Loyal Fans all over the world, the Britjam Family, Good Good Productions Family, O Five Family, Papa Lover, Sunny Ranking, Bold n Boasy Ent and the Haters. Check Out Knocklife U.S and Canada 2016 Tour Dates here, http://www.knocklifeent.com. Educate yourself then State Yourself, Knocklife Slogan.


Ras Blinga Records to Release New Album ???New Beat Riddim with Various Artistes??? on March 18th, 2016

Posted by Bold n Boasy Entertainment on March 24, 2016 at 10:15 AM Comments comments (0)

London, United Kingdom March , 2016 – Oliver Shaw recording artiste and CEO of Ras Blinga Records announces release date for New Beat Riddim album,(via VP Records, other Digital Distributions like Itunes, Bittunes, Bit2Music, Youtube Red, Wawa China and Music). New Beat Riddim album featuring Jus Chris, Clip C, Dermy D, Dolli Difference, Hya P, Jah Vinci, Nuchie Ft. Neisha, Turbulence, Vershon, Zamunda Ft. Krishan, Shane O and more. New Beat Riddim is a various artiste album with Pop Reggae, Lovers Rock Reggae and is a albbum for the whole Family. This debut album, New Beat Riddim is a testimony to Mr Oliver Shaw talent not only as a recording artiste but also a Executive Producer who fulljoy great music. I’m always looking for new and unusual sounds. If you can bang it and twang it, I’ll have a good go of producing it! Said by Mr shaw. New Beat Riddim album available everywhere on March 18. 2016. http://www.mediafire.com/download/ap4lc5datd7hbd2/New_Beat_Riddim_2016_RasBlinga_Records.


Big Shout To Usain Bolt Male Athete Of The Year 2015

Posted by Bold n Boasy Entertainment on January 1, 2016 at 7:45 AM Comments comments (0)

Sponsor Of Dancehall Hot Rapper Knocklife New Single "Ball With A Star" Black Hand Win Sportsbook Betting Guide, Give A Big Shout To Usain Bolt Male Athete Of The Year 2015 with a Hook From Dancehall Hot Rapper Knocklife Smashing Single "Jamaican On The Rise"

https://www.facebook.com/video.php?v=122405161468744" target="_blank" rel="nofollow">https://www.facebook.com/video.php?v=122405161468744

Please Subscribe To Black Hand Win Sportsbook Betting Guide.

NBA & NFL Prediction..http://www.bet2win.xyz


Knocklife His Riding High.

Posted by Bold n Boasy Entertainment on December 30, 2015 at 11:40 AM Comments comments (0)

(‪#‎Star‬ ‪#‎observer‬) Critics are saying that Ball with a star by Dancehall hot rapper Knocklife is one of the most influential song on the exploding Liquor Riddim by goodgoodproductions his lyrical flow of words pertaining to Dancehall, Reggae, R&B, Rap and the party life of Britjam both Yard and Abroad is very imaculate thumbs �‪way up for this one. Take a listen 

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Dr Dre's 'Compton' tops UK chart

Posted by Bold n Boasy Entertainment on August 16, 2015 at 6:50 AM Comments comments (0)

Dr. Dre is at the top of the British Albums chart with his album Compton, inspired by the story of his original group, N.W.A., Straight Outta Compton.

 

Only Dre's third solo album, it is his first chart topper in the U.K. after seeing his 1992 solo debut The Chronic go to number 43 and the follow-up, 1999's 2001 go to 4. The two N.W.A. albums were only minor hits in the U.K. with Straight Outta Compton (1988) peaking at 35 and Niggaz4Life (1991) hitting 25.

Fear Factory have their highest charting album in the U.K. in fourteen years with Genexus which opens at 31. The band's last two releases didn't make the British top 100 while 2005's Transgression only went to 77 and 2004's Archetype peaked at 41. Their biggest U.K. album was 1998's Obsolete which hit number 20.

The top five albums in the U.K. this week:

1. Compton ' Dr. Dre

2. Positive Songs For Negative People ' Frank Turner

3. X ' Ed Sheeran

4. Communion ' Years & Years

5. In the Lonely Hour ' Sam Smith

 

The top five singles:

1. Marvin Gaye ' Charlie Puth Featuring Meghan Trainor

2. How Deep is Your Love ' Calvin Harris & Disciples

3. Can't Feel My Face ' Weeknd

4. Black Magic ' Little Mix

5. Are You With Me ' Lost Frequencies

Support Our BOLDTUNES STORES & BUY FOR INFO: Available In Boldtunes, iTunes, Amazon, Google Play And All Digital Stores Worldwide Now. STORES LINKZ FOR ALL SONGS, SINGLE, EP, and Album and Please Subscribe To My Site..YOU CAN DONATE AS LOW AS 0.0004 BC = $0.10 USD.

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BOLD BLOG Lesson (38).who might be interested in covering your story

Posted by Bold n Boasy Entertainment on August 1, 2015 at 7:40 AM Comments comments (0)

• Local newspapers and weeklies

• Local cultural or art magazines

• Local TV news or news magazines

• Community, college, and online radio

• Podcasts

• Music blogs

• And many more

But how do you go about contacting the media?

Actually, it’s simpler than you might think. There are five basic rules for independent music PR:

1. Contact the correct person Make sure you have the right name and email/mailing address for relevant program directors, podcast hosts, music editors, etc.

2. Keep your pitch short and sweet As they say, “don’t bore us; get to the chorus!” Communicate in the first few sentences who you are and why they might be interested in your music. Follow up with a paragraph that contains supporting details, links to your music and supplementary information (online press release), and then sign off.

3. Be polite, never pushy If you rub someone the wrong way, they’re not going to help you. It’s common sense. If they respond and say “no thank you,” stay calm and try not to take it personally. They may just have too much on their plate right now.

4. Follow up If you don’t hear back from them after a week or so, go ahead and send another email asking if they’ve had a chance to check out your music. You know that old saying about the squeaky wheel getting the grease!

5. Deliver If someone writes you back with interview questions, a request for additional MP3s or photos, or wants you to appear on-air, be sure to respond to them ASAP with a gracious “hell yes” and thenrock it!

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Roland Burrell Will Be Heading To Europe For The First Time

Posted by Bold n Boasy Entertainment on July 23, 2015 at 6:30 PM Comments comments (0)


Roland Burrell Will Be Heading To Europe For The First Time

DESK CLUB PRESENTS Roland Burrell Johnny Dollar Lonely Tour 2015

1. 5 Sept. 2015 at Desk Club

2. 11 Sept. 2015 at Essen Efes Festsaal, 1045141 Essen.

3. 12 Sept. 2015 at Level Z Bremen

4. 19 Sept. 2015 at Club Lara Auf bem, Wolf 4. Bassel. Swiss.

5. 25 Sept. 2015 at Escalera Club Stadtbahnbogen, Vienna Austria.

6. 26 Sept. 2015 at Bugarzentrum, An Der Talaue 471334 Waiblingen.

http://www.reggaeearthunited.com/2015/07/22/roland-burrell-is-coming-in-europe-soon/

https://www.facebook.com/events/1611007665823979/

BOLD BLOG Lesson (37).The importance of YouTube for today???s musician,

Posted by Bold n Boasy Entertainment on July 8, 2015 at 8:05 AM Comments comments (0)

Unless you’ve had your head buried underground for the last seven years, you probably already know how YouTube has drastically changed the music industry. There are five good reasons why you should boost your presence on YouTube today:

• YouTube is the #1 search engine for music fans

• YouTube has become the #1 listening platform for younger music fans

• Many artists have built their careers strictly through YouTube

• There’s no easier way to beam your music/brand/personality into someone’s ears/eyes/home/

imagination than through engaging music videos

• Big ad-revenue is being generated by YouTube and you can earn your share by monetizing your

music across the YouTube platform Approaching the music media Alright, now that you’ve developed your story, established your web presence, and have started engaging with fans on social media and YouTube, it’s time to get some press coverage for your music. Why? Positive media attention can help you exponentially extend the reach of your music.

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BOLD BLOG Lesson (36).Use social media to tell your story,

Posted by Bold n Boasy Entertainment on July 7, 2015 at 5:45 AM Comments comments (0)

Marketing begins well before you have a new album or single to launch, and it continues as you tour, put out videos, and begin writing and recording your next record. By using social-media (along with your blog, email newsletter, and good old-fashioned stage banter), you can:

• Tease details about your products to build interest before they’re released

• Include your fans in the creation process by asking for feedback on demos, alternate mixes, song

sequencing, tour routing, etc.

• Encourage micro-patronage support and pre-sales through crowdfunding

• Keep fans updated on concert details, release dates, etc.

• Get them to spread the word about your music by sharing your content

The #1 rule of social media: don’t overcommit! Music marketing gurus like to repeat the mantra “be everywhere.” Well, they’re wrong. It’s easy to dive into the deep end of social-media; it’s harder to swim back out. If you’re trying to balance practices, touring, recording, and marketing, don’t get carried away. You’ll drive yourself crazy and do a bad job at social media while you’re at it. Instead, pick one. It’s better to use one social-media platform well than to juggle three poorly. When your music career has advanced to the place where you really SHOULD “be everywhere,” you’ll also be in a position to enlist some help with your online marketing.

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BOLD BLOG Lesson (35). Your website is like a train station,

Posted by Bold n Boasy Entertainment on July 6, 2015 at 7:35 AM Comments comments (0)

Think of your website as your central headquarters where you’ll house most of your original content, blog posts, tour diaries, interviews, music store, etc. From this hub you’ll “push content out” to your satellite offices — your social media profiles! Another way to envision this process is to imagine that your website is a train station and the various social media services you use are inbound and outbound trains that your fans will travel on. Some travelers are riding the inbound Twitter or Facebook train; they’ll see a status update or tweet that leads them to your website. Other travelers are already at the train station, checking out a YouTube video or Instagram photograph that you’ve embedded on your website, and off they go — bound for one of your satellite offices. The important thing is that your fans visit your website at SOME POINT during the promotion/engagement process, and that you encourage them to subscribe to your email newsletter, download a free MP3, purchase music, leave a blog comment, watch an embedded YouTube video, share your content with friends, come see you perform live, or follow you on social media.

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BOLD BLOG Lesson (34).Prioritize your artiste / band website

Posted by Bold n Boasy Entertainment on July 3, 2015 at 8:00 AM Comments comments (0)

Nowadays, “web presence” is a big part of telling your story. In fact, the majority of your fans will probably discover you ONLINE first. When it comes to establishing your web presence, your band website is more important than any single social media platform. Here are four reasons why:

1. You need design control Social media = generic profiles plastered with ads and other distractions. With your own site, you create a design that suits your vibe and functions the way you need it to. Plus, the layout won’t change unexpectedly overnight. (We’re looking at YOU Facebook!)

2. You need to own your fan relationships As mentioned above, social media platforms come and go. Your website is here to stay. When a visitor to your site provides you with their contact info, YOU own that relationship — NOT Facebook or Twitter — and YOU get to decide how and when you communicate with those fans.

3. You need to create a rewarding user experience Facebook wants users to click on paid ads for smartphones, laptops, and blow dryers. They want you to play MafiaWars and Farmville. It’s how they pay the bills (oh, and shareholders, too). On your own site, you call the shots. You can create a rich experience that feels more focused, personal, and clutter-free.

4. You need your own Dot Com What’s easier to say and remember, “ElvisPresley.com” or “Facebook.com/ElvisPresleyMusic?” Which do you think Google likes more when someone is searching online? Owning your band’s domain name keeps things simple for you AND your fans. Plus, you don’t want someone else snagging that URL!

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BOLD BLOG Lesson (33).The #1 most important thing

Posted by Bold n Boasy Entertainment on July 2, 2015 at 6:10 AM Comments comments (0)

When you tell your story, you want to be sure your fans are listening, right?

Well, despite the huge popularity of social media, EMAIL is still the most effective form of online marketing. Whenever you encourage fans to purchase your music, watch a YouTube video, or leave a positive review, you’re going to get better results from a well-written email than from a series of tweets or Facebook posts — partially because only a small percentage of your followers on social media will see those posts, but also because studies show fans are far more likely to take action based on an email. Plus, when you collect a fan’s email address, you have the opportunity to continue telling your story to them over the longhaul, and you’ll have repeated opportunities to sell your music too. But there’s another important reason why you should be focusing most of your marketing efforts on building your email list: you need to OWN your fan relationships. When you build a following on social media platforms like Facebook and Twitter, those companies are in control of not only HOW and WHEN you communicate with fans, but also WHO gets to see your content. Plus, remember Myspace? You don’t want to spend years collecting likes on Facebook only to lose those fan connections to changes in social media trends or functionality. Your email list is forever!

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BOLD BLOG Lesson (32).DIGITAL-ONLY DISTRIBUTION

Posted by Bold n Boasy Entertainment on July 1, 2015 at 6:55 AM Comments comments (0)

With the advent of legitimate, centralised and easy-to-use pan-global digital distribution systems like Apple’s iTunes Store, increasing numbers of catalogue owners are eschewing local physical distribution deals and instead simply activate distribution in a particular territory or market with the tap of a key. Of course, even with digital-only distribution, there is still a place for a local promotional campaign to make the most of the release. In fact most labels will combine physical and digital releases of new material in the same strategy. There is more than one eff ective and legitimate digital distribution service, but at the time of writing one could be forgiven for thinking that there’s only one that matters: Apple’s iTunes Store soft ware-based online music shop. Within a year of its introduction in the US in 2003, it had sold over 25 million songs. Th e iTunes Store was a complete game-changer for the music distribution industry. We didn’t get it in Australia until 2005: its launch was a very signifi cant date for the music industry – at last the public had a legal way to download music. Like withholding tax, above, the iTunes Store could be the subject of its own (much more interesting!) book. Th e iTunes story contains many twists and turns: battles with the Majors over catalogue, digital rights protection experiments, sound quality developments and regulatory issues created by its monopoly position, but this is not the place for the tale. The basic iTunes Store distribution licence is a non-exclusive master licence of the digital reproduction and communication rights in the master and associated artwork, but if the licensor gives another digital distributor more favourable terms, they are obliged to give iTunes the same deal. Apple ‘re-sells’ the tracks to customers with access to the iTunes soft ware application, under the contractual terms of the customers’ end-user licence agreement for that soft ware and the iTunes Store’s Terms of Use. The terms include permission to burn copies of the tracks (subject of course to the provisions of the Copyright Act), store and use the tracks on several devices at the same time and generally use the tracks for personal, non-commercial use. The basic term of the contract is around 3 years, but either party can pull down the licensed content if they believe they no longer have the right to authorise its distribution. Th e iTunes Store must be able to sell each of the licensed tracks separately, whether the track is released elsewhere as a ‘single’ 




BOLD BLOG Lesson (31).WITHHOLDING TAX

Posted by Bold n Boasy Entertainment on June 30, 2015 at 8:20 AM Comments comments (0)

This is a subject that deserves a book of its own, so it is not possible to give a comprehensive treatment of its working. However, licensees who deal with overseas licensors need to be aware of it and how it can aff ect their remittances of advances and royalties to overseas licensors. Withholding tax is a tax levied on remittances of advances and royalties to licensors outside Australia. There is a specific department of the Australian Taxation Office (ATO) that deals with withholding tax. The people there are helpful and will answer telephone queries and supply the necessary forms on request. Th e ATO’s website also contains pretty much anything you need to know. The practical eff ect of withholding tax laws is that all licensees have to deduct a specifi c percentage of all royalty and advance payments and pay it to the ATO accompanied by the appropriate form. The percentage varies, depending upon the country to which the royalties are being paid. It can range from 5% to 10% (for countries with tax treaties with Australia) up to over 40% (for non-treaty countries), which is why you have to contact the ATO before you make the remittance. The licence agreement should always allow the licensee to deduct withholding tax before calculating the remittance, otherwise the licensor could insist that you pay the tax out of your own pocket. For example: if an advance of $10 000 is agreed, and the withholding tax rate is 10%, then you will send $9000 to your licensor and $1000 to the ATO. If, however, there is no clause in the contract allowing withholding tax to be deducted from the advance, then the licensor could insist you pay $10 000 to it, and you will still have to pay the $1000 withholding tax. In that event, your total expenditure has gone up to $11 000 and the extra $1000 will not be recoupable as part of the advance. The same applies to royalty remittances. The licensee must obtain a receipt from the ATO, which can take months. This receipt is then sent to the licensor. As far as the licensor is concerned, withholding tax is usually treated as a pre-payment of tax in its own country. This means the licensor pays $1000 less tax for that year in its own country. Of course, this only helps a licensor that is actually liable to pay tax in its own country. If the licensor is making a loss, then the tax paid in Australia cannot be reclaimed in its own country.

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BOLD BLOG Lesson (30).TERMINATION

Posted by Bold n Boasy Entertainment on June 29, 2015 at 8:05 AM Comments comments (0)

Licence agreements usually end because the term expires, but sometimes they end because one of the parties does something to give the other cause to terminate the agreement for breach of contract. Th is is when all the lawyers start turning to the back of the contract to the ‘miscellaneous’ clauses no one wanted to look at when the licence agreement was being negotiated. Well-draft ed licence agreements have comprehensive provisions setting out what events will amount to a breach of the contract and what happens if a breach occurs. Most licences give the licensee some ‘days to cure’ should they make a mistake, but some events, such as the licensee’s insolvency, bankruptcy or any failure to deliver accounting statements on time, will usually give the licensor the right to terminate the licence immediately. Usually, termination for breach will also annul any sell-off period. At the end of any licence deal, the licensee should always be obliged to destroy manufacturing parts and provide a sworn statement (a certifi cate of destruction) verifying that it was done. If there is a sell-off period, then the licensee may continue to sell remaining stocks at full price. Once the sell-off period ends, the licensee should have to destroy any remaining stocks and provide a certifi cate of destruction. Usually, video masters will be deleted, or sent to the new licensee.

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