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Business of Music > Final Review > Flashcards

Final Review Flashcards

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1
Q

True/False: copyright protection is secured upon creation when a work is fixed in a tangible form

A

True

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2
Q

True/False: one cannot copyright a song title

A

True

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3
Q

True/False: an audit clause gives a songwriter the right to ascertain the accuracy of his/her royalty statement

A

True

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4
Q

True/False: co-publishing is when two or more parties share copyright ownership

A

True

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5
Q

True/False: ASCAP is the American Society of Composers, Authors, and Publishers

A

True

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6
Q

True/False: The third revision to the copyright act (1909) was important because it defined a mechanical use for the first time

A

True

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7
Q

True/False: In its origin, ASCAP was elitist

A

True

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8
Q

True/False: The Aeolian company manufactured player pianos

A

True

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9
Q

True/False: BMI is a PRO

A

True

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10
Q

True/False: Harry Fox issues mechanical licenses

A

True

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11
Q

True/False: Player pianos were one of the first mechanical music playing devices

A

True

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12
Q

True/False: Duration of copyright under current law is life of the author or 70 years, whichever is longer

A

False

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13
Q

True/False: The creative dept. of a music publishing company is responsible for collecting royalties

A

False

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14
Q

True/False: The current statutory mechanical rate is .0755

A

False

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15
Q

True/False: The artist singing the song on the radio performance earns the most in performance royalties

A

False

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16
Q

True/False: The duration (TER) of a songwriting contract is determined by federal law

A

False

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17
Q

True/False: Songwriters must assign their song to a publisher to be successful

A

False

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18
Q

True/False: SESAC issues mechanical licenses

A

False

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19
Q

List the 5 exclusive rights you receive when one registers and holds the copyright in a song

A
  1. Reproduce or create derivative work
  2. Distribute copies
  3. Perform publicly
  4. Display publicly
  5. Perform by digital transmission
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20
Q

Explain the concept of a ‘recoupable’ advance

A

A recoupable is basically an advance of money or a load that is given to a song writer in anticipation of success or producing a hit. This money must be paid back immediately before the song writer makes any profit off of the hit

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21
Q

List 5 criteria of the 1976 copyright act

A
  1. defined fair use
  2. made licensing procedures easier
  3. cable TV/university use
  4. life + 50 years
  5. made all other amendments obsolete
  6. reevaluate rate often
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22
Q

What are 4 exceptions to copyright

A
  1. fair use
  2. compulsory mechanical license
  3. public domain
  4. one owns the song
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23
Q

List 5 conditions that must be met to obtain a compulsory license:

A
  1. must be previously recorded/released
  2. must notify in advance
  3. must get permission
  4. cannot make dramatic changes
  5. must pay statutory rate
  6. must name artist/label
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24
Q

Define Work for Hire

A

songwriter works for a company and everything they write belongs to the company and the writer gets a recoupable advance to live on.

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25
Q

What is the controlled composition clause?

A

Only applies to recording artists who make own material - must license to record company at 3/4 of normal rate. Recording agreement between artist and record company

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26
Q

True/False: songwriters usually indemnify their publishers against losses incurred by infringement lawsuits

A

True

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27
Q

True/False: A music publisher may belong to both ASCAP and BMI, but a writer can only be a member of one at a time

A

True

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28
Q

What is a blanket license?

A

lets radio play any song from BMI/ASCAP/SESAC repertoire

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29
Q

What are the 4 songwriter agreements?

A

1) single song agreement
2) exclusive songwriting agreement
3) co-publishing agreement
4) administration agreement

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30
Q

True/False: a single song agreement allows for uncut songs to revert to the songwriter after term

A

True

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31
Q

True/False: The creative dept. of a music publishing company is responsible for collecting royalties

A

False

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32
Q

The licensing dept. of a music publishing company is responsible for negotiating rates

A

True

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33
Q

True/False: The artist singing the song on a radio performance earns the most in performance royalties

A

False

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34
Q

True/False: Performance royalties and mechanical income are the greatest sources of income for most music publishers

A

True

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35
Q

True/False: The Sonny Bono amendment provided for copyright term extension

A

True

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36
Q

True/False: Giving a recoupable advance to a songwriter is like an unsecured, no-interest loan

A

True

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37
Q

True/False: Minstrel performers were often White people appearing in “Blackface”

A

True

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38
Q

True/False: PRO’s act as agents representing songwriters and music publishers for the purpose of performance licensing

A

True

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39
Q

True/False: Tin Pan Alley is located in Erie, PA

A

False

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40
Q

What are the provisions in an exclusive songwriting agreement?

A
  1. exclusive
  2. term of 1 year with options
  3. list of rights granted to publisher
  4. song delivery requirement
  5. Recoupable advances
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41
Q

What are the provisions in a single song songwriting agreement?

A
  1. non-exclusive
  2. term of 12-24 months
  3. no advances
  4. uncut songs revert to writer after term
  5. if recorded, return split of 50/50 and property of publisher
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42
Q

Define “fair use” and give an example

A

fair use is when a copyrighted work is used in a way that no license is needed. When fair use occurs. profit is not being made from using the copyrighted work. An example of fair use is education.

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43
Q

True/False: an audit clause gives a songwriter the right to ascertain the accuracy of his/her royalty statement.

A

True

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44
Q

True/False: The CEO of a music publishing company should be able to oversee an acquisition

A

True

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45
Q

True/False: Booking agents feel they serve two clients: the artist and the talent buyer

A

True

46
Q

True/False: A large national booking agent normally take commission of 10% to 15% of the artist’s gross income from work generated by the agency

A

True

47
Q

True/False: a compulsory license allows a record company to pay a reduced mechanical fee

A

False

48
Q

True/False: Personal managers do not involve themselves with the personal problems of their clients

A

False

49
Q

True/False: The duration (TERM) of a songwriting contract is determined by federal law

A

False

50
Q

True/False: an artist may work with an agency on a nonexclusive basis for work in a specific region

A

True

51
Q

True/False: “Payola” was originally legal

A

True

52
Q

True/False: In its origin, BMI was elitist

A

False

53
Q

True/False: the leader on a AFM session makes at least double scale

A

True

54
Q

True/False: Union musicians can earn a pension

A

True

55
Q

True/False: AFTRA has different scales for singers based on the singer’s level or type of performance

A

True

56
Q

True/False: Today’s technology has made record production more accessible

A

True

57
Q

True/False: A large recording budget can be detrimental to a recording artist

A

True

58
Q

True/False: Record companies, when signatory to the musicians union agreements, often contribute to funds that improve the musicians well being and security

A

True

59
Q

True/False: There is a shortage of qualified entertainment attorneys

A

True

60
Q

True/False: attorneys have multiple ways to charge a client

A

True

61
Q

True/False: Singers who aspire to a career in the recording industry should join AFTRA

A

True

62
Q

True/False: on a union recording session, singers and musicians are paid according to predetermined scales

A

True

63
Q

True/False: companies that are signatory to the AFM agreements have agreed to only use union musicians

A

True

64
Q

True/False: AFTRA and the AFM represent the interest of singers and musicians respectively

A

True

65
Q

True/False: License fees for music used in Broadway shows is usually based on a percentage of ticket sales

A

True

66
Q

True/False: The standard range of an artist manager’s commission in 5% to 9%

A

False

67
Q

True/False: Singers performing Background Vocals on a AFTRA session get paid the same as a soloist

A

False

68
Q

True/False: The Harry Fox agency is into wildlife preservation

A

False

69
Q

True/False: the amount of a synchronization license fee is determined by statute

A

False

70
Q

True/False: one gains superior protection when one registers a song with the copyright office

A

True

71
Q

Historically, the domestic PRO’s have collected more than 2 billion dollars annually

A

True

72
Q

True/False: on a union recording session the drummer is the highest paid

A

False

73
Q

True/False: Union musicians can be fined for working with non-union musicians

A

True

74
Q

True/False: Initiation, yearly and work dues fund the Musicians Union’s operation

A

True

75
Q

True/False: booking agents help artist secure their backing musicians

A

False

76
Q

True/False: Tennessee is a “Right to Work” state

A

True

77
Q

True/False: In the standard recording contract, audit rights are granted to the artist

A

True

78
Q

True/False: Singers working under an AFTRA contract get paid according to the amount of notes they sing

A

False

79
Q

True/False: In California, artist managers can legally secure concert appearances for their artists

A

False

80
Q

True/False: Union musicians get paid a higher scale when they work on Sundays

A

True

81
Q

True/False: In a “360” record deal artists are asked to let a record company participate in concert and merchandise revenue

A

True

82
Q

True/False: Production designers are responsible for the visual aspects of concert staging

A

True

83
Q

List five factors that can influence the amount of the licensing fee for a synchronization license

A
  1. film budget
  2. sound budget
  3. how long the song plays for
  4. the respectability or notoriety of the film maker
  5. if it plays in the trailer
84
Q

List five responsibilities of a road manager

A
  1. transportation
  2. food and lodging
  3. supervising lights and sound for the stage
  4. collecting revenues/setting up accounts
  5. security
85
Q

What are two examples of expenditures made by a record company or publishing company that are likely to be considered recoupable

A
  1. promotional fees

2. production fees

86
Q

List five attributes or skill sets of a successful artist manager

A
  1. well connected
  2. honest and straightforward
  3. well educated
  4. able to identify talent
  5. willing to fight for the rights of their artist
87
Q

Define a “sunset clause” in a management contract

A

If an artist and a manager decide to part ways, they agree to split revenue of works they did together

88
Q

Define a “Key man” Clause

A

if an artist is with a company because of his/her manager, the artist can leave the company if their manager leaves or is fried, without reprocussions

89
Q

Explain what a “re-use” or “new use” fee is and to whom it applies

A

this is the fee that is due when someone wants to use someone else’s work. It benefits the musicians whose work is wanting to be used.

90
Q

In music copyright language, define “first use”

A

the songwriter and his or her music publisher have approval rights over the first recorded and released version of a newly written composition

91
Q

List 5 benefits of AFM or AFTRA membership

A
  1. pension
  2. health care
  3. cartage
  4. reuse fee
  5. rehearsal space
92
Q

What is a 360 Deal

A

the record label saying they will invest money in the artist, and if become famous then they want a piece of all of your revenues because wouldn’t have revenue without their investment; all income becomes a part of the contract

93
Q

What are the different payment options for attorneys?

A
  1. Hourly fee
  2. Retainer
  3. Fixed fee
  4. Contingent payment plan
94
Q

What are 5 provisions in a royalty artist contract?

A
  1. Term
  2. Exclusivity
  3. Royalties
  4. Advances (recoupable)
  5. recording budget (recoupable)
95
Q

What are 5 types of licenses and what do they allow you to do?

A
  1. mechanical license: allows you to put a song on a CD
  2. Synchronization license: allows you to play a song in a movie/TV show
  3. Blanket license: allows radio to play any song from BMI/ASCAP/SESAC repertoire
  4. Compulsory License: can record and release song without permission of copyright holder
  5. Print licenseL allows you to copy or reprint music owned by someone else
96
Q

What are 5 fixed costs of concert production?

A
  1. advertising
  2. sound and lights
  3. insurance
  4. venue rent
  5. security
97
Q

What are 5 factors that you would consider when choosing a recording studio?

A
  1. Cost
  2. Location
  3. Staff
  4. Vibe
  5. Acoustics
98
Q

What are 5 venue types and their seating capacity?

A
  1. Stadium: 30,000-100,000
  2. Festival Site: 10,000-500,000
  3. Arena: 5,000-20,000
  4. Theater: 1,000-6,000
  5. Amphitheaters: 5,000-30,000
99
Q

What are 5 items found in a hospitality writer or a technical writer?

A
  1. Clean towels
  2. Food
  3. Hotels
  4. Security
  5. Lighting for stage
100
Q

What is the split point and how do you figure it out?

A

the dollar amount that must be reached for the artist and the act to determine where they break even.
How to reach split point: all the fixed costs, production costs, promoters fees, hard costs required to put production on totaled

101
Q

What are 5 items included in a business plan?

A
  1. what service is being offered
  2. who will own/run the company
  3. what resources are needed
  4. who the customers are and how they will be reached
  5. how the product/service will be distributed
102
Q

When did stereo come into play?

A

1958

103
Q

What is deadwood?

A

unsold ticket

104
Q

What does it mean to be a “right to work” state?

A

you cannot be prohibited to be working in your chosen field by union membership

105
Q

What are 5 factors that affected change in business?

A
  1. Technology
  2. Politics
  3. Economics
  4. Fashion
  5. Social issues
106
Q

What is scaling the house?

A

determining which seats have what value

107
Q

What are the different types of business structures?

A
  1. Solo
  2. Partnership
  3. Corporation
108
Q

What were 5 big indie labels in the 1960’s?

A
  1. Atlantic
  2. Philies
  3. Motown
  4. Sun
  5. Chess
109
Q

What is the Taft-Hartley Act?

A

Every state must adhere to this which allows non-union members a free ride for a specified period of time

110
Q

What is a one record firm?

A

Firm required to record and release at least one album

111
Q

What is a right to work state?

A

Don’t have to be in a union to work

Business of Music (1 decks)

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