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Music Business Essentials




Employment
Arrangements
in the Music Business



                             © 2006 musicbizclasses.com
Financial Literacy in the Music Industry

• Two Certainties: Death and Taxes

• It is not what you make, but what you keep

• Your number one expense in life: TAXES

• Long-Lasting, wealth is determined
  by both revenue generation and tax
  management strategies

• Business Ownership offers the most tax
  advantaged income and tax position
                                        © 2006 musicbizclasses.com
In the Music Industry,
              Industry
there are different
employment arrangements:

 –E l
  Employee-- F ll or P t Ti
              Full Part-Time
  or Contract

 – Independent contractor

 – Small Business Owner

                               © 2006 musicbizclasses.com
Full or Part-Time Employees

• Long-term, continual work; paid
  wages or salary

• At Will; employer or employee may
  terminate at any time

• Conditions set by employer

• Tax withholding by employer

• Unemployment benefits Worker’s Comp
               benefits, Worker s
  & Disability

 Examples-
 Examples Regular jobs at a
 recording studio, record label, etc.
                                        © 2006 musicbizclasses.com
Contract Employees:

• Mid to Long term continual work;
  Mid-to Long-term,
  paid wages or salary

• Contract period pre determined and
                  pre-determined
  mutually agreed upon by employer and employee

• C diti
  Conditions set b signed contract
               t by i   d    t t

• Employment may end when contract
     p y           y
  period is expired

• Tax withholding by employer
                g y    p y

• Unemployment benefits; Worker’s Comp

 Examples: Regular jobs on Broadway,
 in TV shows; employee band member
                                          © 2006 musicbizclasses.com
Independent Contractor

• Sh t t
  Short-term, sporadic work; paid f
                   di     k    id fees

• Self-Employed; freelance

• At Will

• Conditions set by mutual agreement;
  may or may not have a formal contract

• Taxes managed by employee

• N unemployment b
  No       l       t benefits, W k ’
                           fit Worker’s
  Comp or State disability

  Examples: Session gigs, short-term
  projects as engineers, arrangers,
  music instructors, etc.                 © 2006 musicbizclasses.com
(Small) Business Owner:

• Not hired for employment; rather hired
  to provide services via own business;
  paid fees and/or sales income

• Conditions set by mutual agreement;
  may or may not have a formal contract

• Tax withholding & benefits handled
  by business entity

• Examples: Owners of recording studios, record
  labels,
  labels record/music stores artist management
                      stores,
  companies.



                                             © 2006 musicbizclasses.com
Business vs. Hobby
• The IRS differentiates between
  Businesses and H bbi
  B i            d Hobbies

• Tax status is different for both

• Both require income tax reporting

• Business= Profit Motive
• Hobby= For Fun

• 3 out of 5 tax years profitable? Business.
• Not profitable? Hobby.

• Tax advantaged status for Businesses
   – Deduction of expenses
     against business income
   – This REDUCES your income tax bill
                                               © 2006 musicbizclasses.com
A Band/Group as a business:

• Separate business entity:
  Typically a Limited Partnership
   yp     y                     p
  (Band Partnership) or LLC

• Paid fees, royalties and
       fees
  sales percentages

• Band/Group Members own equal
  shares in profits and losses of
  the business

• LLC and Limited Partnerships offer
                              p
  greater protection against personal
  liability
                                        © 2006 musicbizclasses.com
Paying Your Taxes:

• IRS- Internal Revenue Service
1040.Com
1040 Com

• Federal, State, Local taxes may be due

• Annual Income taxes on Earned Income-
  Due April 15th each year

• Self-Employment Taxes on self-employed
  Self Employment          self employed
  income- Estimated payments due
  throughout the year


                                       © 2006 musicbizclasses.com
General Tax Filing Info:
• All eligible U S citizens pay annual
               U.S.
  earned income taxes
• Regardless of age
• Filing amount is determined by several
  factors: filing status income amount
                  status,          amount.
• Example: Single, Under 65, Earned
  income of $8950 (2208) or more
  must pay annual earned income taxes
• Example: Dependent children under 19
                           children-
  (up to 24, if full-time student); earned
  annual income $5450 (2008) or more
                            (     )
  must pay annual earned income taxes
                                         © 2006 musicbizclasses.com
General Tax Filing Info:

• All eligible U.S. citizens who earn income
  from any self-employment activities pay
  additional self-employment taxes
    dditi    l lf       l      tt
• Regardless of age
• Earned income from self-employment of
  $400 or more must pay annual self-
                      p y
  employment taxes.

• Talk to your CPA- Certified Public
  Accountant for more information


                                          © 2006 musicbizclasses.com
Unions and Guilds
for the Musical Arts
and Trades




                       © 2006 musicbizclasses.com
Brief History of Labor Unions
• G ild d t b k t th Middl A
  Guilds date back to the Middle Ages-
  a confraternity of tradesmen

• Historical Guilds are predecessors to many
  of today’s Unions and Guilds
         y

• Modern unions in America first
  emerged during the industrial
  revolution of the mid-to-late 1800’s

• Their primary mission was to protect
  workers against the abuses of the
  powerful industrialists
                                         © 2006 musicbizclasses.com
Musician’s Unions:
Overview
O    i

• Today there are several unions
  and guilds that serve the interests
  of professional performing artists
   f    f   i   l    f    i     ti t
  and supporting trades-people.

• They are membership organizations
  and charge j i i and annual f
    d h      joining d      l fees

• Operating on a Federal
  and Local Level                   © 2006 musicbizclasses.com
Unions for Musical Artists:
• AFM= the American Federation
  of Musicians of The United States
  and Canada

• AFM is the oldest and largest
  professional musicians union

• AFM f focuses on supporting
                           ti
  practicing musicians in live
  performances venues touring and
                venues,
  recording sessions and TV taping
                                      © 2006 musicbizclasses.com
Unions for Musical Artists:
AFTRA=
American Federation of Television
and Radio Artists

• Primarily concerned with
  vocal talent-
  Background singers,
  announcers, etc.




                                    © 2006 musicbizclasses.com
Guilds for Musical Artists:
SGA=
Songwriter s
Songwriter’s Guild of America

• Primarily concerned with
  Songwriters, published and
  unpublished

• Offers multiple benefits- provides a
  standardized contract template for
  songwriters

                                     © 2006 musicbizclasses.com
Musician’s Unions:
Benefits
• The primary mission of a union is
  to protect musicians, performers,
  artists in terms of fair wages and
  appropriate working conditions
           i t     ki        diti

• Their primary services are:
    collective bargaining
                   g      g
    employment benefits

                                   © 2006 musicbizclasses.com
Musician’s Unions:
Benefits
• Collective Bargaining uses
                 g     g
  the power of many members
  to gain workers benefits
  for individual workers.

• Unions use Collective
  Bargaining with:
  – Record companies
  – Broadcasting companies
  – Large Live Music Venues
  – Symphonies                 © 2006 musicbizclasses.com
Union Contracts
• Companies that sign contracts
  with unions become union “signatories”

• They agree to honor union rules

• Contracts govern:
  –   Wages
  –   Royalties
  –   Working Hours & Breaks
  –   Cartage
  –   Travel Arrangements & Accommodations
  –   Pension funding

                                             © 2006 musicbizclasses.com
Musician’s Unions:
Benefits
• Unions allow members
  “employee”-type benefits
  “   l      ”t   b   fit

• Including:
  – Health benefits
  – Insurance
  – Retirement
  – Other-- job referrals, mediation
    services, discounts
             ,
  – Assistance with tax filing
                                       © 2006 musicbizclasses.com
Musician’s Unions:
Requirements
• Requirements:
  – One time joining fee-
    g
    generally $100-$1000
            y
  – Annual dues- generally
    $100 $200
    $100-$200
  – Work dues- a percentage of
    every gig you play
                  play-
    generally 1%-2%
  –M b
    Members must only work
                  t l      k
    union gigs
                                 © 2006 musicbizclasses.com
Musician’s Unions:
Pros and Cons
 PROS-
 – Off Protection and benefits
   Offer P t ti     db    fit
 – Larger venues and Record Labels require
   union contracts,
          contracts

 CONS
 CONS-
 – Can be expensive for younger,
   unestablished artists
 – smaller, local venues are not
   union affiliated- will not pay
   union scale wages
     i         l

                                     © 2006 musicbizclasses.com
Key Take-Aways:
• Unions and Guilds are meant to
 protect workers from poor working
 conditions and abuse by employers

• There are MANY organizations that provide
 protection for musicians performing
                 musicians,
 artists, and tradespeople, etc.
 AFM, AFTRA, SAG,
 SGA, AGMA, AGVA, AEA, IATSE

• Th most well-known unions f
  The   t   ll k       i    for
 performing artists in the Musical field are:
  • AFM
  • AFTRA
                                         © 2006 musicbizclasses.com
Key Take-Aways:
• Unions are membership organizations
 and require members to pay joining fees,
 annual membership fees and dues

• Musical artists should consider the
 Pros and Cons before joining a union

• Unions can offer professional,
 self-employed or contract musical
 artists and t d
    ti t   d tradespeople many of the
                          l        f th
 same benefits enjoyed by a
 full-time employee in a traditional setting-
               p y                         g
 i.e. health, retirement, insurance
 benefits, etc.                           © 2006 musicbizclasses.com
For Educational Use Only


  This slide presentation is part
of the Music Business Essentials
              series.



        Contact
info@musicbizclasses.com
    for
    f more information
             f
                                    © 2006 musicbizclasses.com

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MUC 109 LEC 3 Employment Arrangements & Unions

  • 1. Music Business Essentials Employment Arrangements in the Music Business © 2006 musicbizclasses.com
  • 2. Financial Literacy in the Music Industry • Two Certainties: Death and Taxes • It is not what you make, but what you keep • Your number one expense in life: TAXES • Long-Lasting, wealth is determined by both revenue generation and tax management strategies • Business Ownership offers the most tax advantaged income and tax position © 2006 musicbizclasses.com
  • 3. In the Music Industry, Industry there are different employment arrangements: –E l Employee-- F ll or P t Ti Full Part-Time or Contract – Independent contractor – Small Business Owner © 2006 musicbizclasses.com
  • 4. Full or Part-Time Employees • Long-term, continual work; paid wages or salary • At Will; employer or employee may terminate at any time • Conditions set by employer • Tax withholding by employer • Unemployment benefits Worker’s Comp benefits, Worker s & Disability Examples- Examples Regular jobs at a recording studio, record label, etc. © 2006 musicbizclasses.com
  • 5. Contract Employees: • Mid to Long term continual work; Mid-to Long-term, paid wages or salary • Contract period pre determined and pre-determined mutually agreed upon by employer and employee • C diti Conditions set b signed contract t by i d t t • Employment may end when contract p y y period is expired • Tax withholding by employer g y p y • Unemployment benefits; Worker’s Comp Examples: Regular jobs on Broadway, in TV shows; employee band member © 2006 musicbizclasses.com
  • 6. Independent Contractor • Sh t t Short-term, sporadic work; paid f di k id fees • Self-Employed; freelance • At Will • Conditions set by mutual agreement; may or may not have a formal contract • Taxes managed by employee • N unemployment b No l t benefits, W k ’ fit Worker’s Comp or State disability Examples: Session gigs, short-term projects as engineers, arrangers, music instructors, etc. © 2006 musicbizclasses.com
  • 7. (Small) Business Owner: • Not hired for employment; rather hired to provide services via own business; paid fees and/or sales income • Conditions set by mutual agreement; may or may not have a formal contract • Tax withholding & benefits handled by business entity • Examples: Owners of recording studios, record labels, labels record/music stores artist management stores, companies. © 2006 musicbizclasses.com
  • 8. Business vs. Hobby • The IRS differentiates between Businesses and H bbi B i d Hobbies • Tax status is different for both • Both require income tax reporting • Business= Profit Motive • Hobby= For Fun • 3 out of 5 tax years profitable? Business. • Not profitable? Hobby. • Tax advantaged status for Businesses – Deduction of expenses against business income – This REDUCES your income tax bill © 2006 musicbizclasses.com
  • 9. A Band/Group as a business: • Separate business entity: Typically a Limited Partnership yp y p (Band Partnership) or LLC • Paid fees, royalties and fees sales percentages • Band/Group Members own equal shares in profits and losses of the business • LLC and Limited Partnerships offer p greater protection against personal liability © 2006 musicbizclasses.com
  • 10. Paying Your Taxes: • IRS- Internal Revenue Service 1040.Com 1040 Com • Federal, State, Local taxes may be due • Annual Income taxes on Earned Income- Due April 15th each year • Self-Employment Taxes on self-employed Self Employment self employed income- Estimated payments due throughout the year © 2006 musicbizclasses.com
  • 11. General Tax Filing Info: • All eligible U S citizens pay annual U.S. earned income taxes • Regardless of age • Filing amount is determined by several factors: filing status income amount status, amount. • Example: Single, Under 65, Earned income of $8950 (2208) or more must pay annual earned income taxes • Example: Dependent children under 19 children- (up to 24, if full-time student); earned annual income $5450 (2008) or more ( ) must pay annual earned income taxes © 2006 musicbizclasses.com
  • 12. General Tax Filing Info: • All eligible U.S. citizens who earn income from any self-employment activities pay additional self-employment taxes dditi l lf l tt • Regardless of age • Earned income from self-employment of $400 or more must pay annual self- p y employment taxes. • Talk to your CPA- Certified Public Accountant for more information © 2006 musicbizclasses.com
  • 13. Unions and Guilds for the Musical Arts and Trades © 2006 musicbizclasses.com
  • 14. Brief History of Labor Unions • G ild d t b k t th Middl A Guilds date back to the Middle Ages- a confraternity of tradesmen • Historical Guilds are predecessors to many of today’s Unions and Guilds y • Modern unions in America first emerged during the industrial revolution of the mid-to-late 1800’s • Their primary mission was to protect workers against the abuses of the powerful industrialists © 2006 musicbizclasses.com
  • 15. Musician’s Unions: Overview O i • Today there are several unions and guilds that serve the interests of professional performing artists f f i l f i ti t and supporting trades-people. • They are membership organizations and charge j i i and annual f d h joining d l fees • Operating on a Federal and Local Level © 2006 musicbizclasses.com
  • 16. Unions for Musical Artists: • AFM= the American Federation of Musicians of The United States and Canada • AFM is the oldest and largest professional musicians union • AFM f focuses on supporting ti practicing musicians in live performances venues touring and venues, recording sessions and TV taping © 2006 musicbizclasses.com
  • 17. Unions for Musical Artists: AFTRA= American Federation of Television and Radio Artists • Primarily concerned with vocal talent- Background singers, announcers, etc. © 2006 musicbizclasses.com
  • 18. Guilds for Musical Artists: SGA= Songwriter s Songwriter’s Guild of America • Primarily concerned with Songwriters, published and unpublished • Offers multiple benefits- provides a standardized contract template for songwriters © 2006 musicbizclasses.com
  • 19. Musician’s Unions: Benefits • The primary mission of a union is to protect musicians, performers, artists in terms of fair wages and appropriate working conditions i t ki diti • Their primary services are: collective bargaining g g employment benefits © 2006 musicbizclasses.com
  • 20. Musician’s Unions: Benefits • Collective Bargaining uses g g the power of many members to gain workers benefits for individual workers. • Unions use Collective Bargaining with: – Record companies – Broadcasting companies – Large Live Music Venues – Symphonies © 2006 musicbizclasses.com
  • 21. Union Contracts • Companies that sign contracts with unions become union “signatories” • They agree to honor union rules • Contracts govern: – Wages – Royalties – Working Hours & Breaks – Cartage – Travel Arrangements & Accommodations – Pension funding © 2006 musicbizclasses.com
  • 22. Musician’s Unions: Benefits • Unions allow members “employee”-type benefits “ l ”t b fit • Including: – Health benefits – Insurance – Retirement – Other-- job referrals, mediation services, discounts , – Assistance with tax filing © 2006 musicbizclasses.com
  • 23. Musician’s Unions: Requirements • Requirements: – One time joining fee- g generally $100-$1000 y – Annual dues- generally $100 $200 $100-$200 – Work dues- a percentage of every gig you play play- generally 1%-2% –M b Members must only work t l k union gigs © 2006 musicbizclasses.com
  • 24. Musician’s Unions: Pros and Cons PROS- – Off Protection and benefits Offer P t ti db fit – Larger venues and Record Labels require union contracts, contracts CONS CONS- – Can be expensive for younger, unestablished artists – smaller, local venues are not union affiliated- will not pay union scale wages i l © 2006 musicbizclasses.com
  • 25. Key Take-Aways: • Unions and Guilds are meant to protect workers from poor working conditions and abuse by employers • There are MANY organizations that provide protection for musicians performing musicians, artists, and tradespeople, etc. AFM, AFTRA, SAG, SGA, AGMA, AGVA, AEA, IATSE • Th most well-known unions f The t ll k i for performing artists in the Musical field are: • AFM • AFTRA © 2006 musicbizclasses.com
  • 26. Key Take-Aways: • Unions are membership organizations and require members to pay joining fees, annual membership fees and dues • Musical artists should consider the Pros and Cons before joining a union • Unions can offer professional, self-employed or contract musical artists and t d ti t d tradespeople many of the l f th same benefits enjoyed by a full-time employee in a traditional setting- p y g i.e. health, retirement, insurance benefits, etc. © 2006 musicbizclasses.com
  • 27. For Educational Use Only This slide presentation is part of the Music Business Essentials series. Contact info@musicbizclasses.com for f more information f © 2006 musicbizclasses.com