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finals 2022 > MIND - final exam > Flashcards

MIND - final exam Flashcards

1
Q

what does a work for hire provide

A

the author of the work gives up all ownership rights

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2
Q

US law grants copyright owners what exclusive rights

A

distribution
reproduction
derivative works

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3
Q

what does it mean for a work to “fall into the public domain”?

A

When a coyrigted work “falls into the public domain” it means that anyone can use the work for free.

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4
Q

What is the expression for what happens to a copyrighted work when its duration expires?

A

The work is said to have “fallen into public domain”.

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5
Q

True or false: You own the copyright in your work as soon as you register it with the Library of Congress.

A

false

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6
Q

what is is NOT a benefit of copyright registration?

A

Ability to collect mechanical royalties

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7
Q

what are some benefits of copyright registration

A

Legal evidence of your ownership
Public notice of your ownership
Ability to collect statutory damages

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8
Q

what counts as a derivative work

A

A different language translation
An arrangement of a song for string quartet
A sequel to a motion picture

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9
Q

In the United States, intellectual property law is derived from which of the following?

A

the constitution

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10
Q

what is the copyright symbol for sound recording

A

p in a circle

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11
Q

What are some functions of a publishing company?

A

Licensing
Collection
Exploitation

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12
Q

In a co-publishing agreement, how does the income split break down?

A

50% writer’s share / 25% publisher’s share (to the publisher owned by the writer) / 25% publisher’s share (to the third-party publisher)

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13
Q

why would a songwriter might wish to enter into an admin deal with a music publisher?

A

it will protect the songwriter as well as exploit their songs to get them more publicity and traction. It will also help them to get their songs used by recording artists.

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14
Q

revenue streams of a music publisher

A

Synchronization licenses
Print music royalties
Public performance royalties

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15
Q

how would a music publisher help a songwriter.

A

exploiting them and giving them traction so that a recording artist will easily be able to “discover” and use the songwriter’s piece of work.

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16
Q

major music pubishers

A

warner chappell
UMPG
Sony Publishing

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17
Q

four primary revenue streams that the music publishing business relies upon.

A

print
mechanical
synch
puplic performance

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18
Q

The standard 50 / 50 split of income typically associated with publishing agreements is made up of two elements or “shares”. Name both below:

A

Writer and publisher

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19
Q

what ratio represents a potential income split in a publishing administration deal?

A

80/20 between writer and publisher

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20
Q

who gets copyright and ownership in an administration deal

A

the artist

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21
Q

True or false: A compulsory license requires that the copyright owner give permission for the use, so long as the licensee pays the statutory royalty and follows the rules specified by the law.

A

true

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22
Q

True or False: If you are a songwriter, you can expect to receive mechanical royalties as a result of a record company releasing a CD that includes your compositions.

A

true

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23
Q

What is the current US statutory mechanical royalty rate for CDs and downloads?

A

the greater of 9.1 cents or 1.75 cents per minute

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24
Q

Multiple Choice. ASCAP collects public performance royalties on behalf of which parties?

A

Both Songwriters and Music Publishers

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25
Q

The Harry Fox Agency is what kind of organization?

A

Mechanical Rights Agency

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26
Q

what is the name of the license by which a PRO grants permission to a venue to allow public performances of songs in the PRO’s catalog in that venue?

A

blanket license

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27
Q

blanket license

A

PRO grants permission to a venue to allow public performances of songs in the PRO’s catalog in that venue

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28
Q

True or false: If a greeting card company wishes to quote some lyrics from a well-known song in a greeting card, they do not have to seek permission from anyone in order to do so.

A

false

29
Q

if a film production company wants to use the original recording of a Taylor Swift song in their movie, which of the following license(s) will they need?

A

Master Use License and Synchronization License

30
Q

What kind of royalties do ASCAP, BMI, GMR, and SESAC collect?

A

Public Performance Royalties

31
Q

If you are a performing artist, which member of your team is responsible for soliciting and negotiating live performance agreements?

A

agent

32
Q

Which financial deal below describes a situation in which the performer will receive a set amount of money, regardless of ticket sales?

A

guarantee

33
Q

A common element of any live performance contract is ______ , meaning the artist cannot perform at other venues within a specified region for a specified period of time.

A

radius clause

34
Q

what describes the financial terms of a “buy-on” deal?

A

Artist pays promoter $1500

35
Q

in a sentence or two, define “draw” as it is commonly understood in the live performance business.

A

the amount of people in a certain area that would/would want to see a specific artist perform

36
Q

what is included in a “backline list”

A

Number of music stands required
Type of drum kit and associated hardware
Number of monitor speakers

37
Q

what financial offer can a performing artist expect in connection with a door deal?

A

70 / 30 split of ticket sales in the artist’s favor.

38
Q

rider

A

A list of the hospitality items the artist needs.

39
Q

stage plot

A

A map of where gear is to be located so that house crew can set up properly.

40
Q

backline / input list

A

All the gear necessary for a performance, including which mics and other gear need to be hooked up to the house PA system.

41
Q

contract face

A

The first page of a contract, containing the offer and the major deal points.

42
Q

additional terms

A

Boilerplate language agreed to once the offer is accepted.

43
Q

retail merchandising

A

Sales taking place in traditional brick-and-mortar stores

44
Q

fan club

A

Sales through specialized membership organizations

45
Q

d2c

A

Sales via ecommerce platforms with no intermediary between artist and fan

46
Q

tour merchandising

A

Sales taking place at venues or festivals

47
Q

what is a key way in how merch advances differ from a record label or music publishing advances?

A

Merch advances are almost always returnable.

48
Q

why are less and less artists finding fan clubs effective ways to sell merch and otherwise engage with their audience.

A

Social media has made it so that fan clubs are pretty much obsolete other than offering early access to ticketd or early streaming, etc because the artists can, and do, communicate with their fans on social media.

49
Q

how does a merchandiser act similarly to a record label or music publisher?

A

A merchandiser and a music publisher act similarly because they are both essentiall selling the artist as their product. While the merchandiser does it through physical merch, the music publisher does it through publishing their audible recording, but they are both “selling” the artist

50
Q

What is the name for the percentage that a venue charges (on top of whatever a performer pays to their merchandiser) in connection with sales that take place at the venue itself?

A

a hall fee

51
Q

When hiring a composer to create an original score for a film, the film production company may do a “package deal” with the composer. What other type of deal is it similar to?

A

Producer “all-in” deal

52
Q

What is the term for the meeting at which a film’s director, music supervisor, and / or composer meet to discuss the picture’s exact music needs and timings?

A

spotting

53
Q

When industry people talk about using existing music in film, they say a film production company has to “clear both sides” of the use in their audio-visual production. Briefly describe what this means.

A

This means to make sure that it is approved by the songwriter and their team as well as the people on the filmmaker and their team.

Be careful: “clearing both sides” means that the necessary rights are obtained from both the song writer/music publisher and the performing artist/record company.

54
Q

what does it mean when a film production company asks for a “quote” from a record company in connection with licensing an existing master for a film?

A

A “quote” from a record company for a film is an estimate in price for the licensing of an existing master.

55
Q

describe the function of a music supervisor.

A

A music supervisor combines the audio and visual medias. The music supervisor puts the audio where it will work best with the visuals and they can also work with the composer to create even better quality combinations.

56
Q

what is in the bunde of right

A

distribute, copy, display

57
Q

what is copyright time

A

until the author dies, plus 70 years

58
Q

what is an example of fair use

A

a review/criticism

59
Q

what is an exemption to copyright

A

fair use

60
Q

types of fair use

A

noncommercial, educational, scientific, historical

61
Q

royalty attached: master use license

A

fee

62
Q

royalty attached: synch license

A

none

63
Q

royalty attached: public performance

A

PRO collects royalty

64
Q

what does pro mean

A

performing rights organization

65
Q

royalty attached: mechanical license

A

Greater of 9.1 cents or 1.75 cents/minute (physical and download)
15.1% of gross revenue (streaming)

66
Q

royalty attached: print music

A

percentage of retail price

67
Q

merch deal split

A

75/25 or 80/20 artist

68
Q

black box money

A

three years before distributed

finals 2022 (3 decks)

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