MIND - final exam

Question 1

what does a work for hire provide

Answer 1

the author of the work gives up all ownership rights

Question 2

US law grants copyright owners what exclusive rights

Answer 2

distribution
reproduction
derivative works

Question 3

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

Answer 3

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

Question 4

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

Answer 4

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

Question 5

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

Answer 5

false

Question 6

what is is NOT a benefit of copyright registration?

Answer 6

Ability to collect mechanical royalties

Question 7

what are some benefits of copyright registration

Answer 7

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

Question 8

what counts as a derivative work

Answer 8

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

Question 9

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

Answer 9

the constitution

Question 10

what is the copyright symbol for sound recording

Answer 10

p in a circle

Question 11

What are some functions of a publishing company?

Answer 11

Licensing
Collection
Exploitation

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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.

Question 14

revenue streams of a music publisher

Answer 14

Synchronization licenses
Print music royalties
Public performance royalties

Question 15

how would a music publisher help a songwriter.

Answer 15

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.

Question 16

major music pubishers

Answer 16

warner chappell
UMPG
Sony Publishing

Question 17

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

Answer 17

print
mechanical
synch
puplic performance

Question 18

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

Answer 18

Writer and publisher

Question 19

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

Answer 19

80/20 between writer and publisher

Question 20

who gets copyright and ownership in an administration deal

Answer 20

the artist

Question 21

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.

Answer 21

true

Question 22

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.

Answer 22

true

Question 23

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

Answer 23

the greater of 9.1 cents or 1.75 cents per minute

Question 24

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

Answer 24

Both Songwriters and Music Publishers

Question 25

The Harry Fox Agency is what kind of organization?

Answer 25

Mechanical Rights Agency

Question 26

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?

Answer 26

blanket license

Question 27

blanket license

Answer 27

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

Question 28

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.

Answer 28

false

Question 29

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?

Answer 29

Master Use License and Synchronization License

Question 30

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

Answer 30

Public Performance Royalties

Question 31

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

Answer 31

agent

Question 32

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

Answer 32

guarantee

Question 33

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.

Answer 33

radius clause

Question 34

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

Answer 34

Artist pays promoter $1500

Question 35

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

Answer 35

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

Question 36

what is included in a "backline list"

Answer 36

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

Question 37

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

Answer 37

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

Question 38

rider

Answer 38

A list of the hospitality items the artist needs.

Question 39

stage plot

Answer 39

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

Question 40

backline / input list

Answer 40

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

Question 41

contract face

Answer 41

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

Question 42

additional terms

Answer 42

Boilerplate language agreed to once the offer is accepted.

Question 43

retail merchandising

Answer 43

Sales taking place in traditional brick-and-mortar stores

Question 44

fan club

Answer 44

Sales through specialized membership organizations

Question 45

d2c

Answer 45

Sales via ecommerce platforms with no intermediary between artist and fan

Question 46

tour merchandising

Answer 46

Sales taking place at venues or festivals

Question 47

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

Answer 47

Merch advances are almost always returnable.

Question 48

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

Answer 48

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.

Question 49

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

Answer 49

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

Question 50

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?

Answer 50

a hall fee

Question 51

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?

Answer 51

Producer “all-in” deal

Question 52

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?

Answer 52

spotting

Question 53

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.

Answer 53

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.

Question 54

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?

Answer 54

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

Question 55

describe the function of a music supervisor.

Answer 55

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.

Question 56

what is in the bunde of right

Answer 56

distribute, copy, display

Question 57

what is copyright time

Answer 57

until the author dies, plus 70 years

Question 58

what is an example of fair use

Answer 58

a review/criticism

Question 59

what is an exemption to copyright

Answer 59

fair use

Question 60

types of fair use

Answer 60

noncommercial, educational, scientific, historical

Question 61

royalty attached: master use license

Answer 61

fee

Question 62

royalty attached: synch license

Answer 62

none

Question 63

royalty attached: public performance

Answer 63

PRO collects royalty

Question 64

what does pro mean

Answer 64

performing rights organization

Question 65

royalty attached: mechanical license

Answer 65

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

Question 66

royalty attached: print music

Answer 66

percentage of retail price

Question 67

merch deal split

Answer 67

75/25 or 80/20 artist

Question 68

black box money

Answer 68

three years before distributed