Licensing

Question 1

US Copyright Act of 1976

Answer 1

Provides means to control usage and compensation through issuance of licenses (license = permission)

Question 2

Licenses must be issued when:

Answer 2

Recorded, reproduced, and sold as physical media or permanent download
Used as segues on radio an TV
Streamed by a streaming service
Played publicly on any media (radio, TV, any venue, streamed)
Film, TV, and video games
Ads and sheet music
Physical song

Question 3

What is a mechanical license?

Answer 3

Permission to fix a song

Question 4

Who is a record company?

Answer 4

Anybody who wants to make a mechanical copy of a circle C property

Question 5

Who owns the song? (Who is publisher?)

Answer 5

Can see on songfile.com (Harry Fox Agency)

Question 6

Statutory rate

Answer 6

9.1 cents per unit (track)
Sent to publisher and split with composer of song
For less than 2500 units

Question 7

Statutory rate for?

Answer 7

Physical copy or download
Streaming media (1 cent per stream)

Question 8

Compulsory Mechanical License Provisions

Answer 8

File note of intent to record
Pay statutory rate
Make no changes to the song
Provide regular accounting of all records sold

Question 9

Share of traditional mechanical license income

Answer 9

50/50 between publisher and songwriter/composer

Question 10

Mechanical License forDigital Phonorecord Deliveries (Downloads)

Answer 10

Sam as physical in law

Question 11

Controlled composition clause

Answer 11

Publisher asks songwriter to accept reduced mechanical royalty

Question 12

MMA

Answer 12

Provide streaming income by establishing MLC, will create blanket licensing system

Question 13

MLC

Answer 13

Music Licensing Collective

Will pay mechanical license fees for streaming and digital downloads

Question 14

Performance Rights Organizations

Answer 14

They license the performance rights

Question 15

Non-Dramatic Works

Answer 15

Small rights (Song w/o scene from musical, just song)

Question 16

Dramatic Works

Answer 16

Grand rights (For entire musical)

Question 17

Exemption from Public Performance Licenses

Answer 17

Only in US
For movie theaters
In Europe this doesn’t happen

Question 18

License Fee Allocation

Answer 18

More money during primetime then during 3 AM (Time of day, audience reach, frequency)

Question 19

Monitoring Public Performances

Answer 19

Monitor major networks and radio stations for how much music is used
They store data (How many times your record got played)

Question 20

BDS

Answer 20

Broadcast Data Systems

Question 21

Distribution of Performance Rights Fees (to composers and publishers)

Answer 21

Writers don’t split royalties with publishers

Question 22

Mechanical Licenses for ?

Answer 22

Physical, Digital Media

Question 23

Synchronization Licenses for ?

Answer 23

Films
TV shows
Radio dramas
Commercials
Video Games
Ads
Promotional Music Videos
Non-Commerical Training Videos

Question 24

Sync License Fees

Answer 24

Always negotiated with publishers

Question 25

Rights Clearance

Answer 25

Group of people who get permission to use song for tv show

Question 26

Master Use License

Answer 26

Right to use a recorded piece of music in a film tv show commericial etc

Question 27

Performance Royalty Split

Answer 27

Record Labels 50%
Artists 45%
Background Singers 2.5%
Session Players 2.5%

Question 28

Sampling; Who Owns It?

Answer 28

Record Labels

Question 29

Specifics

Answer 29

Costs are always negotiated