The Music Business - A Legal Perspective.

Carter, Robert R., Jr.

Only a few years ago, the only reference book about the music business was This Business of Music by Sidney Shemel and M. William Krasilovsky (New York: Billboard Books, 1964). Now in its sixth edition, This Business of Music is still a valuable tool, but it is no longer alone in the field. The last decade has seen the addition of several more titles, most notable All You Need to Know about the Music Business, by Donald S. Passman (2d ed. New York: Simon & Schuster, 1994), and The Musician's Business & Legal Guide, ed. Mark Halloran (4th ed. Englewood Cliffs, N.J.: Prentice Hall, 1991). The newer books tend to be less dry and more user-friendly.

Peter Muller's The Music Business - A Legal Perspective joins this newer generation of resource tools. Although lacking the humor of Passman, or the sample contract analysis of Halloran, Muller provides a dispassionate issue-by-issue description of the various contracts used in the music business today. In terms of sheer breadth of scope, Muller leads the pack. Muller covers the usual contracts - management, publishing, and recording - but also includes discussions of lesser-known items such as lounge act agreements and tour sponsorship contracts.

Alas, this is not the single volume to rely on to the exclusion of all others. Despite the boasts of the publisher on the inner jacket sleeve, The Music Business does not include "examples of the agreement forms currently being used." As with almost every music business book on the market, copyright registration forms from the United States Copyright Office are dutifully reproduced, but that's it. Artists are left with the task of trying to match Muller's narrative description of what a given contract may or may not provide with the real thing. Lawyers are left to guess at how to fashion clauses that cover the issues Muller says should be covered.

While Passman's book does not contain sample forms either, Passman's proartist point of view is so strong that there is rarely any doubt about whether a given clause is acceptable or not. Muller describes the issues likely to be of concern in particular contracts, but stops short of advocacy for artists. Of course, that means both parties to a contract can benefit from Muller's neutral exposition. It will be necessary, though, to have at least one other resource book handy, one with lots of forms and sample contract language.

The Music Business is a good guidebook for anyone about to enter into informal contract discussions. Within the confines of his narrative-only descriptions, Muller covers most of all the bases. As a practicing attorney drafting and negotiating many music-related contracts, I would use Muller's book as an outline. Have all of the topics mentioned by Muller been covered? If not, why not?

Laypersons will also benefit from Muller's clear and concise writing. There are no prolonged dissections, simply to-the-point descriptions of what issues one should expect to find addressed in a given agreement. The book concludes with a helpful bibliography and the names and addresses of major record companies. While not a replacement for any of the major works currently on the bookshelf, The Music Business - A Legal Perspective is a welcome addition to the music business resource library.

ROBERT R. CARTER, JR. Austin Texas