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MBU 1110 > Final Exam Study > Flashcards

Final Exam Study Flashcards

1
Q

What are three creative events?

A

writing songs, performing songs, and recording songs

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2
Q

Three income/ revenue streams

A

music publishing, live performances, and recordings

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3
Q

Key players within the creative system

A

artist, publisher, personal manager,

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4
Q

key players within the business system

A

business manager, agent, personal manager, attorney

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5
Q

how much money does each member of the team make?

A

personal manager: 15-20% or gross income (before fees)
business manager: 5% of all monies earned
agent: 10% or the guarantee
attorney: $150-$600/hr or 5% of the value of the deal

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6
Q

producer deals

A

producers typically get 3-4 points (3-4%)

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7
Q

360 deals

A

means that the labels now want to share a total of the pie of an artists income

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8
Q

corporate level commissions

A

double commissions: management contracts are set up to commission at the corporate level

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9
Q

terms used in a management/ lawyer contract

A

attorneys draw up and look over contracts, advise clients about the law, involved in structuring deals and shaping artists’ business affairs, deals with corporate issues, trademark and licensing, lawsuits, negotiates contracts with other team members, labels, and publishers

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10
Q

Harry-Fox Agency

A

issues mechanical licenses for publishers; largest in U.S., charges 11.5% of gross monies collected for
the license.

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11
Q

DSP’s

A

digital service provider = Spotify, Apple Music, Amazon Music, YouTube

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12
Q

Sound exchange

A

nonprofit organization that
collects performance royalties for sound recordings (masters)

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13
Q

streaming royalties

A

money paid to a songwriter, record label, publisher, producer, etc. every time a song is played

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14
Q

on-demand vs tethered

A

on-demand: can listen to any songs in a DSP’s database at anytime
tethered: conditional, yours as long as you pay the monthly fee

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15
Q

what is a retainer?

A

set monthly fee paid to attorney to retain their services (can be credited toward final bill or cover all services)

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16
Q

what are the 6 exclusive rights granted to you in copyright

A

The right to reproduce the work, the right to distribute copies of the work, the wight to perform the work publicly, the right to make a derivative work (work based off another work), the right to display the work publicly

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17
Q

what is the duration of copyright

A

it is now life plus 70 (70 years after the passing of the (last) creator)

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18
Q

what is not protected by copyright law

A

anything that is in your head, not in tangible form, essentially ideas

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19
Q

basics of registration: what forms to use, costs, where to register and why

A

register so you have the rights to your own songs, usually publisher..? will register your work for copyrights through the US Copyright Office

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20
Q

requirements of copyright

A

must be in a fixed tangible form

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21
Q

difference between phonorecord and a copyright

A

a phonorecord is audio only recordings, this excludes home video devices and means there is no compulsory license for dvd’s

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22
Q

what is a compulsory mechanical license? what is the current statutory rate?

A

compulsory mechanical license refers to the monies paid to copyright owners for the manufacture and distribution of records (9.1 cents)

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23
Q

what is a derivative work? give an example

A

it is work based off another work

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24
Q

How does the public performance right in sound recordings differ from that in musical compositions?

A

as the owner of a song (you have the copyright), you are allowed to perform the song in public. AM/ FM radio stations do not have to get permission to play the music on their stations

25
Q

what does sound exchange do?

A

non-interactive streaming, sound exchange pays a portion of the money to the label and a portion directly to the artist

26
Q

What did the Sonny Bono Copyright Extension do to copyright duration?

A

copyright term is extended to 70 years from the last surviving writer

27
Q

DPRSA - Digital Right in Sound Recordings Act of 1995

A

enabled a limited right in performance for sound recordings (the addition of the 6th right)

28
Q

role of the publisher

A

take care of the business of songwriting

29
Q

mechanical royalties

A

Monies paid to copyright owners for the manufacture and distribution of works

30
Q

mechanical royalty rate on digital downloads

A

9.1 cents per song 5 min or less

31
Q

Controlled Composition

A

limits amount of publishing royalties that a label will pay an artist, will state that the label will pay full publishing on only a limited number of songs per album

32
Q

Typical mechanical royalty rate per song on a controlled composition

A

6.82 cents/ song

33
Q

Typical split of earnings between songwriter and publisher

A

50/50

34
Q

Performance Rights Societies (PRO’s)

A

ASCAP, BMI, SESAC, GMR

35
Q

how are performance monies generated?

A

through PROs (performance right organizations) by tv, clubs, radio = public performance

36
Q

How are writers’ and publishers’ performance monies paid - diff between splits for a performance and mechanical or synch income

A

split: some venues don’t give a guarantee so they give a split of 20%-60% of the door (some may give 100% of the door money and the venue keeps money made from drink sales)
mechanical income: Now refers to the monies paid to copyright owners for the manufacture and distribution of records
synch income: putting music to a video

37
Q

blanket license

A

a license that PRO’s give each music user that covers all of the compositions they represent

38
Q

synchronization license

A

Permits/allows video producer to reproduce music in times relation to moving images.

39
Q

how much can a publisher charge for a synch license

A

lots of money, anywhere from 5,000-100,000…?

40
Q

what is a single song agreement and what does it establish?

A

an agreement between the writer and the music publisher in which the writer grants certain rights to a publisher for one or more songs. In single song deals, the writer is paid a one-time recoupable advance.

41
Q

what is a “term” or “staff” or “exclusive songwriting” agreement and what it establishes

A

the song writer generally grants all of the publisher’s share of the income to the music publisher. The writer’s services are exclusive to the music publishers for a specified period of time. Thus, any compositions written within that period belong to the music publisher.

42
Q

what is a cut

A

the original recording of a certain song

43
Q

what is an assignment

A

most reliable form of documentation…?

44
Q

flow of rights from a song (who owns what in the typical agreements)

A

once a song has been recorded and released to the public, the copyright owner must license it to anyone who wants to use it on a phonorecord, if the new recording doesn’t really change the original melody

45
Q

flow of money from a song (how money gets distributed from the music used or licensor to the songwriter)

A

artist and writers are paid from PROs, through royalties,

46
Q

departments of a publisher

A

Collect Royalties
Song Exploitation
Protect Songs
Advocate and Facilitation

47
Q

co-publishing agreements and their typical splits

A

publisher gets 100% of the copyright, writer gets 100% of the writers income, publisher gets 50% of publisher income, 75% total to the writer

48
Q

publishing administration deal and typical percentage

A

administration necessary to register song, grant license, account income, typical percentage = 15-25%

49
Q

what are the writers share and publisher share

A

50/50

50
Q

free goods

A

free records given to the retailers as a way of discounting the purchase price to get them to stock more product

51
Q

main functions of a record label are

A

to promote artist

52
Q

who are the major recording companies and what is their perspective market share

A

Warner, Sony, Universal

53
Q

different departments in a label and what they do

A

A&R: find new talent and work creatively with artist
Sales: get record into stores and on digital sites
Marketing: advertising, publicity, artwork, promos
Promotion: getting singles played on radio
product management coordinates all other departments to push records
new media: techno-geek, all things digital, find new ways to deliver music to consumers

54
Q

recoupable or recoupment

A

advances are recoupable - money paid to the artist our of future royalties, this can be money for studio time, equipment rental, travel, food while recording, etc. what isn’t recoupable is manufacturing costs, advertising, marketing, shipping

55
Q

gold vs platinum record

A

gold = 500,000
platinum = over 1 million

56
Q

the role of producer and engineer

A

producer = oversee and maximize the creative process from conception to completion

57
Q

distribution

A

move records from manufacturing plants to stores,

58
Q

how do you calculate royalties

A

25% packaging taken off royalties ( pay $10 for an album, take 25% for packaging, artist gets paid on 7.50

MBU 1110 (1 decks)

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