Final Review for Recording Survey Flashcards

1
Q

What do Personal Representatives do?

A

act as a watchdog, source of expertise, act on artist behalf, insulate artist.

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2
Q

What are the two kinds of attorneys and what do they do?

A

Transaction: make deals and handle your business
Litigation: represent you in court

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3
Q

How do you find Attorneys?

A

either by referral or by interview

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4
Q

What skills should they have?

A

contracts, copyright, negotiation, knowledge of music business, communication skills, reputations/ contacts.

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5
Q

How are they paid?

A

flat fee or hourly. NOT A PERCENTAGE

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6
Q

In what ways may they have a conflict of interest?

A

If they are paid a % and it they have too many acts. Cannot represent the other party. To be exact: Fees, Too many Hats, and Multiple Clients

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7
Q

What are the two roles of a personal Manager?

A

develop careers and coordinate details

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8
Q

What qualities should a personal manager have?

A

share the artist vision, track record, knowledge of music business, communication skills, reputation, contacts, organized. Also, needs to believe in the artist.

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9
Q

What are the basic deal points of a management agreement? What is standard commission?

A

1-3 year duration and their duties are vaguely defined. manager will want authority/ power of attorney and to be able to act on the artists behalf without their permission. standard commission is 10-20%, 15% being most common.

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10
Q

What is the sunset clause?

A

Ability for the manager to collect commission on work made during their agreement after the agreement has ended.

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11
Q

Major functions of a business manager?

A

They handle money, structure transactions, tax planning, administer budgets, make investments, estate planning.

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12
Q

How are they paid?

A

flat fee, hourly, or percentage (5%)

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13
Q

What do Agents do?

A

They find work for the artist

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14
Q

2 Major booking agents

A

WME & CAA

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15
Q

What state requires a License?

A

California

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16
Q

What should you look for in an agent?

A

negotiating ability, personal attention, knowledge of the marketplaces, Roster (marketing and clout).

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17
Q

What is their standard commission?

A

10-20%, 10% being the most common

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18
Q

Reasons for importance of live performance?

A

Hone craft, Sell stuff, Build a fan base, highlight creative inventory, Create relationship with fans, creates a mini buzz, and allows you to make money.

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19
Q

Who are the big promoters?

A

Live Nation, AEG, and House of Blues

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20
Q

How are the Artists paid by promoters?

A

Flat fee, percentage of gross, Guarantee or plus % of profit after breakeven.

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21
Q

What do the following terms mean: Gross Potential, Gross, Breakeven Point?

A

Gross Potential: How much money can be made
Gross: How much money is made
Breakeven point: Amount needed to cover expenses so profit can begin.

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22
Q

What are the Biggest Promoter expenses?

A

Venue, Paying the artist, and Marketing.

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23
Q

How are royalties handled in a merchandising agreement?

A

25-35% or higher. 10-20% of retail

24
Q

Duration of a work before 78

A

95 years from date of first publication

25
Q

Duration of a work made in 78 or after

A

life of author + 70 years

26
Q

Duration of a work made for hire

A

95 years from date of first publication or 120 years after date of creation. Just depends on what’s sooner

27
Q

What is the termination window

A

35-40 years after transferred. Must notify 2-10 years before date of termination

28
Q

Work Made for Hire test applications

A

is it a contribution to a collective work?
is it a part of a motion picture or other audiovisual work?
is it used as a translation?
is it a supplementary work?
it is a compilation?

29
Q

3 Elements of a copyright notice

A

small circle c, year of publication, and name of owner

30
Q

Elements of infringement.

A

Substantial similarity, actual copying, proof that they had access to work

31
Q

When is a sampling license necessary?

A

Anytime you sample a SR a licenses is needed. Music has to be original in order to not need one for a musical work.

32
Q

Calculation of split and recoupment under a full publishing deal.

A

50/50 income. All personal advances are recoupable as well as 50% of demo costs.

33
Q

Ownership, Control, and Income split in co-pub deal.

A

Ownership: 50/50
Control: 100% publisher
Income: 50% writer, 25% publisher, 25% copublisher

34
Q

Licensor & Licensee in mech. , Perf. , and Sync licenses

A

Mech: publisher and record label
Perf: publisher and anyone live performing or publicly performing
Sync: publisher and movie, tv, commercial, any audiovisual work

35
Q

Definition of a blanket license

A

Allows use of all songs in a PROs repertoire during licensing period.

36
Q

Role of Harry Fox Agency

A

they are a 3rd party that issues mechanical licenses to publishers at a rate of 11.5%

37
Q

Likely Agreement for a subpublisher

A

represents artist overseas

38
Q

Mechanical Royalty Calculation

A

%0.12 is statutory rate

39
Q

3 Characteristics of advances

A

non returnable, recoupable, may be subject to some type of cross colateralization.

40
Q

Role of a RackJobber

A

Helps retail stores select which albums and music to sell.

41
Q

Recording Agreement Duration

A

1+6 albums

42
Q

Function of promotion, Publicity, A&R admin, creative services, and product management departments of label.

A

promotion: secure radio airplay
Publicity: get exposure, interviews, press releases, etc
A&R admin: talent scouting, artists and commercial development, acts as liaison
creative services: album covers, graphic design, etc
Product management:publicity, sales, promotion, advertising, artist relations, strategic partnership, digital marketing, and touring.

43
Q

Standard range for artist royalties and producer royalty.

A

50% for artist and producer

44
Q

Definition of All-in Royalty

A

combined royalty of artists and producer

45
Q

who are soundscan and BDS?

A

They keep up with records and measure airplay. BDS is more accurate than soundscan

46
Q

Market share for independent labels

A

ownership: 1/3
Distribution: 10-20%

47
Q

Who owns master agreements under a recording agreement and how?

A

the Record label owns a master agreement as a work made for hire or, if not a work made for higher, the contract will state that the artist transfers their rights.

48
Q

6 rights of copyright

A

Publicly perform, publicly Display, reproduce, distribute, create a derivative of the work, perform digital audio transmission

49
Q

3 income streams

A

recording, publishing, and Live performance

50
Q

4 Pros

A

ASCAP, BMI, SESAC, GMR

51
Q

3 Majors

A

Universal, Sony, Warner

52
Q

3 Producer skills

A

managerial, technological, musical

53
Q

3 recoupable expenditures

A

Personal advances, tour support, recording costs

54
Q

4 Ps of marketing

A

product, place, price, promotion

55
Q

2 unions

A

SAG and AFM

56
Q

2 most important things to do to sell records and get streams

A

“Get Behind the album”
“Create mini buzz”

57
Q

Know some Manager names:

A

colonel Tom Parker, Peter Grant, Albert Grossman