The Music Industry's Game of Monopoly

Tom McNamara
October 21, 2017


As the title indicates, this program takes a deep dive into the music industry’s game of monopoly. It starts off with a review of the Copyright Act of 1909 and the history of consent decrees. There is an in-depth discussion regarding the formation of performing rights organizations, as well as some practice pointers on record label agreements and publishing agreements. Also included is a look into the constitutional law arguments associated with the Department of Justice’s current position. The programs ends with a discussion of examples of songwriter royalties.


Tom McNamara, Director, Business and Legal Affairs, Entertainment One Television, Beverly Hills, CA

Tom is a Director of Business and Legal Affairs for Entertainment One (eOne) Television. He negotiates deals and drafts contracts for eOne Television to secure the services of above-the-line talent through the development and production of television projects. Specifically, Tom prepares option/purchase agreements, pilot script agreements, and executive producer agreements, among other agreements. In addition, he has drafted record label licensing agreements, publishing agreements, and management employment contracts for musicians and songwriters with companies such as Kobalt, Red One Publishing, Mr. 305, Inc., Budde Publishing, Single Lock Records, Nevado Music, and Red Light Management. Tom is acutely familiar with royalty structures, publishing rights, ancillary rights, and licensing arrangements on both the record label and publishing sides of the music industry. Furthermore, he is a former business and commercial litigator with comprehensive litigation experience through trial and binding arbitration.

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