MIND - final exam Flashcards
what does a work for hire provide
the author of the work gives up all ownership rights
US law grants copyright owners what exclusive rights
distribution
reproduction
derivative works
what does it mean for a work to “fall into the public domain”?
When a coyrigted work “falls into the public domain” it means that anyone can use the work for free.
What is the expression for what happens to a copyrighted work when its duration expires?
The work is said to have “fallen into public domain”.
True or false: You own the copyright in your work as soon as you register it with the Library of Congress.
false
what is is NOT a benefit of copyright registration?
Ability to collect mechanical royalties
what are some benefits of copyright registration
Legal evidence of your ownership
Public notice of your ownership
Ability to collect statutory damages
what counts as a derivative work
A different language translation
An arrangement of a song for string quartet
A sequel to a motion picture
In the United States, intellectual property law is derived from which of the following?
the constitution
what is the copyright symbol for sound recording
p in a circle
What are some functions of a publishing company?
Licensing
Collection
Exploitation
In a co-publishing agreement, how does the income split break down?
50% writer’s share / 25% publisher’s share (to the publisher owned by the writer) / 25% publisher’s share (to the third-party publisher)
why would a songwriter might wish to enter into an admin deal with a music publisher?
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.
revenue streams of a music publisher
Synchronization licenses
Print music royalties
Public performance royalties
how would a music publisher help a songwriter.
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.
major music pubishers
warner chappell
UMPG
Sony Publishing
four primary revenue streams that the music publishing business relies upon.
print
mechanical
synch
puplic performance
The standard 50 / 50 split of income typically associated with publishing agreements is made up of two elements or “shares”. Name both below:
Writer and publisher
what ratio represents a potential income split in a publishing administration deal?
80/20 between writer and publisher
who gets copyright and ownership in an administration deal
the artist
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.
true
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.
true
What is the current US statutory mechanical royalty rate for CDs and downloads?
the greater of 9.1 cents or 1.75 cents per minute
Multiple Choice. ASCAP collects public performance royalties on behalf of which parties?
Both Songwriters and Music Publishers
The Harry Fox Agency is what kind of organization?
Mechanical Rights Agency
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?
blanket license
blanket license
PRO grants permission to a venue to allow public performances of songs in the PRO’s catalog in that venue
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.
false
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?
Master Use License and Synchronization License
What kind of royalties do ASCAP, BMI, GMR, and SESAC collect?
Public Performance Royalties
If you are a performing artist, which member of your team is responsible for soliciting and negotiating live performance agreements?
agent
Which financial deal below describes a situation in which the performer will receive a set amount of money, regardless of ticket sales?
guarantee
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.
radius clause
what describes the financial terms of a “buy-on” deal?
Artist pays promoter $1500
in a sentence or two, define “draw” as it is commonly understood in the live performance business.
the amount of people in a certain area that would/would want to see a specific artist perform
what is included in a “backline list”
Number of music stands required
Type of drum kit and associated hardware
Number of monitor speakers
what financial offer can a performing artist expect in connection with a door deal?
70 / 30 split of ticket sales in the artist’s favor.
rider
A list of the hospitality items the artist needs.
stage plot
A map of where gear is to be located so that house crew can set up properly.
backline / input list
All the gear necessary for a performance, including which mics and other gear need to be hooked up to the house PA system.
contract face
The first page of a contract, containing the offer and the major deal points.
additional terms
Boilerplate language agreed to once the offer is accepted.
retail merchandising
Sales taking place in traditional brick-and-mortar stores
fan club
Sales through specialized membership organizations
d2c
Sales via ecommerce platforms with no intermediary between artist and fan
tour merchandising
Sales taking place at venues or festivals
what is a key way in how merch advances differ from a record label or music publishing advances?
Merch advances are almost always returnable.
why are less and less artists finding fan clubs effective ways to sell merch and otherwise engage with their audience.
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.
how does a merchandiser act similarly to a record label or music publisher?
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
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 hall fee
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?
Producer “all-in” deal
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?
spotting
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.
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.
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 “quote” from a record company for a film is an estimate in price for the licensing of an existing master.
describe the function of a music supervisor.
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.
what is in the bunde of right
distribute, copy, display
what is copyright time
until the author dies, plus 70 years
what is an example of fair use
a review/criticism
what is an exemption to copyright
fair use
types of fair use
noncommercial, educational, scientific, historical
royalty attached: master use license
fee
royalty attached: synch license
none
royalty attached: public performance
PRO collects royalty
what does pro mean
performing rights organization
royalty attached: mechanical license
Greater of 9.1 cents or 1.75 cents/minute (physical and download)
15.1% of gross revenue (streaming)
royalty attached: print music
percentage of retail price
merch deal split
75/25 or 80/20 artist
black box money
three years before distributed
