- Representation
- Exploitation of Sublicenses
- Investigation and Aquisition Service
- Publishing
- Deal negotiation
- Sample Clearance
- Mediation & Arbitration
- Synchronization rights for film & TV production
- Consulting
- Communication and dealing with foreign parties
- Legal services and collection
- Withholding tax claims
- Collection of Public Performance Revenues
- Consulting for Hardware purchase
- Business Setups
- Additional Services
1. Representation
You are a record label and have a distribution deal or a license deal for a specific territory (GSA - Germany Austria, Switzerland, France, Brasil, USA etc.). You might need someone who takes care of your interests towards the distribution, promotion and tours.
Or you might look for an representative for other business issues, such as licensing issues, collection, tax examption claims for royalities etc.
Services provided
Supervising distribution activities, supervising promotion activities, preparation of release schedules, continuous communication with distibutors and promoters, monthly sales report with analyse of costs and benefits, correspondence with third parties in case of problems, collecting through trust account (each service only if required)
In case of licenses: Checking or auditing royality payments, collection of royalities on trust account (if required), filing of tax examption claims to avoid withholding tax upon advances and/or royality payments.
2. Exploitation of Sublicenses
You have a repertoire of recordings which may have a high demand for compilations. You are aware that sublicensing of tracks for compilations means additional income. You may not have the time or experience to take care of this business yourself, or prefer somebody on site who is exploiting and representing your cataloge for compilation sublicenses.
Services provided
Mail outs, communication with special marketing personel, clearances, negotiation of conditions, heads of agreements, supervising incoming royalty statements, collection of revenues through trust account (if required).
Filing of tax examption claims in order to avoid withholding tax on royalty or advance payments.
3. Investigation and Aquisition Service
You are a foreign record company looking for a specific master or catalog for distribution or licensing in your territory. You might even be an investor interested in puchasing a record label. You prefer that someone does research and negotiation on site, maybe without your name appearing in the preliminary phase.
Services provided
Investigation for specific product and license availibility. First contact in the name of MusiConsult. Negotiation of distribution, license or purchase agreement on your behalf, if necessary with the involvement of an affiliated attorney.
4. Publishing
We recently opened our publishing division, Edition MusiConsult®
If your recordings have been released in the territories of Germany, Austria, Switzerland, we can provide you with the subpublishing in order to collect your mechanicals and the publishers share of the public performance rights.
Some of our clients might also need publishing in your territory.
We are currently working on administration agreements in order to collect copyrights also in other european territories.
5. Deal negotiation
You are a record label, producer or artist. A third party is interested in closing a master license or distribution agreement for your recordings. You may not want to get involved with contract issues yourself. Either because you have no experience in negotiating deals, or you want to concentrate on creative issues, or because you always wanted to outsource business affairs, you are looking for someone experienced in business affairs who best defends your interests and does the formalities for you.
Services provided
Deal negotiations, deal formalities, if necesssary by using our own contract standard form.
Note
According to german legislation this service might be limited to certain activities or it might be required that some of the services are provided through an entertainment attorney who colaborates with our firm.
6. Sample Clearance
You are a Record Label or Producer, working on a new project a new recording
and want to use a sample in a new recording. You do not have the time and experience
to clear the sample with the owners and/or publishers.
Services provided
We do the sample clearance for you, and advise you through our experience in the music business.
7. Mediation & Arbitration
You are a Record Label, Producer, Publisher or Artist and have a pending dispute with another party. At this time you (or both parties) want to avoid extensive legal costs to work out the dispute , or attorney's are allready involved but there is a chance that both parties want to settle in good faith.
In this case you may suggest (or appoint) us as Mediator who negotiates a fair solution for both parties
We have experiences in mediation and ex court settlements, in which we could find appropriate solutions. Due to our reputation and long experience in the music industry, we approach the issue not only from a legal, but also from an ethical and business standpoint. We try to find practical compromises which satisfy both parties. Also, in case of pending payments, settlement payments etc we can provide our trust accounts in Germany and USA to assure that both parties fulfill their obligations agreed to in the settlement
Services provided
Profound investigation of the case, negotiation with both parties (personally, or by phone/ conference call etc.), drafts of settlement HOA (eventually byone of our attorneys), trust account services , supervision of fullfillment of all agreed obligations
8. Synchronization rights for film & TV production
You are a company involved in Film, TV or Video production.
You want to use one or more music recordings for the new production
and need someone to clear the synch rights. Either because you have
no manpower, no time or no experience to do this.
Services provided
We get in contact with masterowners and publishers and help you to
get the synchronization rights.
9. Consulting
You have a question or a problem to solve. You need advice. You are an artist or a band but you don't know how or where to start.
Services provided
We advise you through our experience in the music business. If we cannot advise you for any reason, we will tell you upfront free of charge.
We also provide seminars for newcomer in the music business (label, artist, etc.) to introduce you in the business aspects of the music industry.
10. Communication and dealing with foreign parties
We can handle business affairs related issues for you in other countries. Upon request, we can also handle business negotiations on your behalf on site in cases you might not have the time or convenience to travel.
It is possible to communicate with us in five different languages: German, English, Portuguese, French and Spanish
11. Legal services and collection
You are looking for someone who defends your interests and communicates with a third party.
Services provided
Communication with third parties. If there is no chance of settlement, involvement of a reliable entertainment attorney who collaborates with our firm. Supervision of the case, reports of the status.
Note
According to national legislation this service might be limited to certain activities; legal work is provided through an attorney.
This service also might require a deposit of retainer fees.
12. Withholding tax claims
In many countries Royalty and Advance payments are subject to Withholding tax.
Withholding tax is an income tax, and applies to parties resident in foreign countries.
In Germany withholding tax is 15% plus solidarity tax = total of 15,825 %
According to double taxation conventions there are procedures to receive examptions
from withholding tax. These procedure are based on certifications that the foreign
party is allready taxed for his income in his country of residence.
For your license and publishing income due to contracts with Licensees licensees based in Germany we can take care of this tax examption procedure on your behalf.
The service includes the preparation of the necessary paperwork, clear instruction which documentation we need from your side and how you get it, filing the claim on your behalf, communication with the german tax authorities and/or Licensees (if necessary), collection of withholded amounts through our german trust account.
In the case taxes had allready been deducted and paid to the german authorities by the Licensee, we might be able to file the claim retroactively (to a certain extend) with the authorities and collect the withholded taxes on your behalf).
This service might be also interesting to Licensors, which have received income subject to deductions in the past. We will investigate if the withholded amounts had really been forwared to the german tax authorities and eventually file the claims for you. Or get in contact with the local Licensee if we find out that amounts from your advance/ royalties had not been forwarded to german IRS.
Please note that for Licensor resident in some territories there might be still residual taxes applicable, depending on the respective double taxation agreement (DTA) between both countries.
Example:
Licensor resident in Portugal, Licensee resident in Germany, tax without examption = 21,1 %;
Residual tax for Portugal with certified examption : 10 % .
Brazil: 15% residual tax.
Also it is important that we receive the proper paperwork and documentation for the
applications. For some countries we need certain certificates.
For Licensor resident in the US we need the certificate IRS 6166 which is issued by the
IRS service center in Philadelphia only. More info about how to get this IRS 6166 certification form click here
In the near future we may offer this service also for other territories in collaboration with
the partners of our network (such at France, UK)
Note
This service we usualy provide for a moderate handling fee for our existing clients who allready have signed a representation agreement, a consulting agreement, or a sub publishing agreement with us and if the case is relatively easy.
For more complicated cases and for new clients we apply a retainer and/ or a percentage on the tax refund
13. Collection of Public Performance Revenues
We are preparing a new service which helps you to collect with GSA public performance monies (related to the master license part, similar to PPL), from the collection societies. We also can help you to register ISRC codes, if such codes have not been applied by you.
14. Consulting for Hardware purchase
CD and Vinyl Manufacturing Equippment
If you want to upgrade pressing capacities of your CD /Vinyl Pressing plant,
modernize your existing lines or just intend to purchase additional hardware
like injection machines, CD Analyzers, packaging machines etc. we can assist
you by contacting european equipment suppliers in order to get a market overview with
best pricing and availability for components or whole lines according to your need
and requirements.
We also may contact CD manufacturers which may have used equippment
available for sale.
15. Business Setups
Opening up a European operation for international music companies
You are a Record Label, Production company or a Publisher and want to enter into the European market
You found out that your company / your catalogue has a potential for the market and want to consider to set up an operation in Europe with an own office.
In connection with our network partners we can provide you with the necessary setup. We will link you with local specialists (such as tax attorneys, financial advisers, real estate agents, accountant personell etc.)
Further than just an office, you may have the possibility to get central manufacturing for Europe, licenses contracts with one of the european copyright collecting societies, a warehouse or logistics for physical fullfillment etc..
We will advise you with the best way to go according to your goals, and supervise on your behalf the setting up of your european operation.
Opening up a local operation
You are a international music or media company and want to open an office withiin the US, Europe or South America.
In Germany withholding tax is currently 15% plus solidarity tax = total of 15,825%
Example:
Licensor resident in Portugal, Licensee resident in Germany, tax without examption = 15,825 %
We have specialist on site who are experienced in setting up companies in their territory. They will provide you with all necessary information (location and form of company under tax aspects, registration of the company, search for offices and personell, opening a bank account, setup for accountancy, help with VISA procedures etc.)
16. Additional Services
Through our partners we can provide you with services in all branches of the music business:
Special Packacking, CD/ DVD Boxes and Merchandising items
European set up for payment of mechanicals
European set ups for logistic (manufacturing, central warehousing and delivery)
VAT declaration and refund operations
Creating artwork
Contact to fully equipped graphic studio with high end graphic hardware and software, ISDN Leonardo for electronic data transfer of graphic files, e-mail, many years of experience in creating music artwork such as CD Covers, posters, flyers.
CD manufacturing
A reliable full service pressing plant. Quality pressings for reasonable prices.
General Promotion
Various contacts to promoters for different services (Radio, Print, DJ) for different music styles.
Specialized Fun- and Trendsport Promotion
An experienced agency with contacts to organizations, institutions and magazines for trendpromotion.
Specialized Retail Promotion
An experienced agency which is specialized in promotion at retail.
Recording Studio
Various contacts to experienced high end studios for reasonable fees.
AB Testing
Special rates with an AB Testing facility. If you need to proove that a third party used your
recordings without a license or sampled them without authorization
Anti Piracy Setups/ Anti Copyright Infringement setups
In close collaboration with the lawyers of our network, we will take care of all necessary measures to notify and prosecute infringing parties, including (but not limited to)
Research of evidence, formal notices, organize civil and criminal prosecution, conduct eventual settlement conversations
Artist & Celebrity Licensing
You or a client likes to have an Artist / Celebrity to perform at a private or corporate event.
Such as a giving private concert within a company event, an unplugged session in front of selected audience, an autograph session or else.
With an experienced partner we will take organize this on your behalf.
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