Classical Jazz '05Newman, DeCoster

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1) Affidavit
2) Attorney Shopping Agreement
3) Employee Handbook
4) Executive Bonus Agreement
5) Personal Management Agreement
6) Master Use Agreement
7) Mechanical License
8) Publishing Contract
9) Trust Document (special needs)
10) Will Questionnaire
11) Getting Back Your Copyrighted Songs

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Songwriter Royalty Rates Determined  
Significant rulings were made by the Copyright Royalty Board in early October, 2008, that impact songwriters, publishers and the industry at large.  The court ruled on mechanical royalty rates for a five-year period, keeping the physical and digital product at the current level (9.1 cents) and setting ringtone rates at 24 cents.   

Sound Recording Preservation Reauthorized  
In September 2008, Congress passed legislation reauthorizing the Library of Congress's Sound Recording Registry program.  The program identifies and preserves culturally significant recordings.

NEW TAX LAW REGARDING AMORTIZATION OF MUSICAL COMPOSITIONS  
The income forecast method of depreciation no longer is required for the capitalized costs of creating or acquiring musical composition or copyright. Instead, the taxpayer may elect to amortize the expenses over a five-year period.  The amortization period begins with the month in which the composition or copyright is placed into service.  The election can be made one year at a time.  Once made in a particular year, the five-year amortization will apply to all musical compositions and copyrights placed in service during that tax year.  If the taxpayer does not elect five-year amortization, any allowable cost recovery method, including the income forecast method, can be used.   Unless Congress extends the rule, property must be placed in service before January 1, 2011, for 5-year amortization. 

New Tax Law Favors Songwriters

The Tax Reconciliation Act of 2005, a vehicle that contains the "Songwriters Capital Gains Tax Equity Act." took effect on January 1, 2007.

This legislation was envisioned by the Nashville Songwriters Association International (NSAI) to benefit American songwriters who sell a song catalogue. Previously, when songwriters sold a "catalogue" they paid ordinary income taxes AND self-employment taxes that could amount to more than 40% of their income from the sale. Now they will be elegible for the flat 15% "Capital Gains" business tax rate, just like their joint-venture music publisher partners. The legislation applies only when a songwriter sells the royalty stream on a group of songs ("song catalogue"), and will not apply to ordinary royalty income.

"This is a simple matter of fairness, and is a landmark moment for the American songwriting profession," said NSAI Executive Director Barton Herbison. "Not only do songwriters deserve this tax treatment, but with the decimation of this profession over the past decade, we might actually save the careers of some very talented songwriters."

Decades ago the tax category in which songwriters pay taxes was changed, and they should have become immediately eligible for this tax treatment. Through an oversight, the language in the U.S. Tax Code that would have permitted the appropriate tax rate never evolved. NSAI learned of the situation five years ago and immediately began crafting the legislation to accomplish this "technical correction" to the tax code.

"I want to give a special thanks to everyone who helped on this legislation," said NSAI President Bob Regan.

The "Songwriters Capital Gains Tax Equity Act" was introduced by Representative Rono Lewis (R_KY) and John Tanner (D-TN), who are members of the House Ways and Means Committee, and Senator Jim Bunning (R-KY), a member of the Senate Finance Committee.

"These sponsors deserve special praise because they worked on this issue for five years. They understood the unfairness of our situation and responded," Regan continued.

Regan thanked Senate Majority Leader Bill Frist for emphasizing the need for the legislation, and guiding it through the "Conference" process. Frish personally called the NSAI Board of Directors during their May 9th meeting to tell them that adoption of the legislation appeared imminent. Regan also thanked the entire Tennessee Congressional delegation for co-sponsoring the bill.

"I would like to send particular thanks to Tennessee Congresswoman Marsha Blackburn," Regan continued. "She took an extremely personal interest in this legislation and opened many, many doors that would have otherwise been shut, and personally solicited co-sponsors for the bill. I cannot overemphasize how integral she was in the passage of this legislation."

"Throughout the legislative process we have viewed this change as more of a 'technical correction' than some new philosophical approach to the U.S. Tax Code," Herbison said. "There is a long history behind this issue and it is something that songwriters clearly deserve. The songwriter-music publisher, joint-venture business partnership is the only one we can find where two equal business partners pay different tax rates."

"The average songwriter's annual income is only $4,700," Herbison continued. "I expect many songwriters to take advantage of this new tax rate to literally continue to exist in this industry during these touch times." Herbison added that America has lost more than half of its songwriters over the past decade due to Internet piracy, corporate mergers and de-regulation of radio.

"I don't expect songwriters will rush to sell song catalogues," Herbison said. "Instead, they use their catalogues as equity at the bank. I do expect songwriters to borrow against their catalogues to pay the bills. Hopefully, this legislation can help put some songwriters's child through college."

The Nashville Songwriters Association International, established in 1967 and with more than 100 chapters around the country, is the world's largest not-for-profit songwriter's trade organization dedicated to serving songwriters of all genres of music.

 

   
   

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