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Recoupment
''For recoupment in terms of U.S. tax law, see equitable recoupment.'' Recoupment, in the music industry, is when a record label "Big Three" music labels A record label or record company is a brand or trademark of Sound recording and reproduction, music recordings and music videos, or the company that owns it. Sometimes, a record label is also a Music publisher, ... pays for a musical artist's expenses, such as for recording and marketing, and later deducts an equal amount from the artist's royalties, which are between 15 and 20 percent of sales revenue. The practice is common, and most new artists have little choice but to accept it since they lack the negotiating power to obtain a better contract. Examples Suppose that a music label gives a band a $250,000 advance to record an album. The label agrees to do so in return for 90% of the sales. In addition, the label will specify certain standards for production of the album, for example, which studios the band will e ...
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Equitable Recoupment
Equitable recoupment is a judicially created defense most commonly applied in legal cases in the federal and state tax systems of the U.S. This doctrine can allow, under specific circumstances, the government to defeat a refund claim or a taxpayer to avoid an assessment on the basis of a past underpayment or overpayment that is outside the statute of limitations period. Although many of the applications are in cases involving tax law Tax law or revenue law is an area of legal study in which public or sanctioned authorities, such as federal, state and municipal governments (as in the case of the US) use a body of rules and procedures (laws) to assess and collect taxes in a ..., it also has been applied to cases where revenue from the use of city property had been overpaid in terms of revenue due to the city, as was found in ''Grace v. City of Carlsbad''. Specific requirements The specific conditions for equitable recoupment to be considered are: # The overpayment or mon ...
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Music Industry
The music industry are individuals and organizations that earn money by Songwriter, writing songs and musical compositions, creating and selling Sound recording and reproduction, recorded music and sheet music, presenting live music, concerts, as well as the organizations that aid, train, represent and supply music creators. Among the many individuals and organizations that operate in the industry are: the songwriters and composers who write songs and musical compositions; the singers, musicians, Conducting, conductors, and bandleaders who perform the music; the record labels, music publishers, Recording studio, recording studios, Record producer, music producers, audio engineers, Record shop, retail and digital music stores, and Performance rights organisation, performance rights organizations who create and sell recorded music and sheet music; and the talent agent, booking agents, Promoter (entertainment), promoters, music venues, road crew, and audio engineers who help organiz ...
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Record Label
"Big Three" music labels A record label or record company is a brand or trademark of Sound recording and reproduction, music recordings and music videos, or the company that owns it. Sometimes, a record label is also a Music publisher, publishing company that manages such brands and trademarks, coordinates the production, manufacturing, manufacture, distribution (marketing), distribution, marketing, promotion, and enforcement of copyright for sound recordings and music videos, while also conducting Artists and repertoire, talent scouting and development of new artists, artist financing and maintaining Recording contract, contracts with recording artists and their managers. The term "record label" derives from the circular label in the center of a vinyl record which prominently displays the manufacturer's name, along with other information. Within the mainstream music industry, recording artists have traditionally been reliant upon record labels to broaden their consumer ...
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