Publishing Exam Review Flashcards
What was important about each stage of the development of the publishing industry?
Sheet music, Tin Pan Alley, Brill Building Era, Rock in the 60s, Today, & Nashville
What are the three types of songwriters and who is very coveted today?
Plain ol’ songwriters, artist songwriters, and producer songwriters; Artist Songwriters
What are the three organizations supporting songwriters and publishers?
SGA, NSAI, & NMPA
Why is publishing so valuable with so much opportunity?
It’s low risk/high reward especially compared to other income streams, new media and global opportunities, & evergreen songs
What are the four major functions of a publisher?
Acquire, Develop, Exploit, & Administer
What types of publishers are there?
Majors, Independents, Record Company Affiliates, & Artist Owned (aka Desk Drawer/Vest Pocket)
Who are the Big 3 publishers? Who are some independents? Who are some executives we have spoken about?
Universal Music Publishing Group, Sony Music, & Warner Chappel; Kobalt & BMG; Micheal Knox, Falcon
What are the two big divisions within a publishing company?
Creative & Administrative
What three (4?) major skills should the head of a publishing company have?
Ears, Legal Knowledge, Financial Acumen, & Be a “good hang”
What are the titles officially used for publishing employees who find writers and uses for songs?
Creative Director/Manager, A&R, or “song plugger”
What qualities should you look for in a publisher?
Track record, relationships, roster, reputation, stability, personal interest and attention throughout the company, & international capabilities
What are the two major types of publishing deals by subject matter?
Single Song Agreement or Exclusive Songwriter Agreement
What are three characteristics of advances?
Non Returnable, Recoupable, & may be subject to cross-collateralization
How are ownership, control and income handled in a Full Publishing deal vs. a
Copublishing deal vs. an Administration deal?
Full Publishing Deal
-Ownership - Publisher has 100% of copyright for life except for termination rights and reversion
-Control - Publisher has sole control
-Income - 50/50 Publisher share/Writer share
Co Publishing Deal
-Ownership - Shared equally between publisher and songwriter’s publishing company
-Control - Usually just the publisher
-Income - 1) Writer gets full 50% share
2)Publishers share other 50% -usually equally
–Publisher = 25%
–Co Publisher = 25%
–Writer = 50%
Administration Deal
-Ownership - Publisher retains - just licenses rights to another publisher (“Administrator”) for a short period of time (3-7 years)
-Control - Limited rights granted to Administrator for routine licenses-mechanical, performance etc. Anything more elaborate, such as synch license, may require publisher approval
-Income - Administrator takes 10-25% of income collected and distributes the rest to the publisher
Who is likely to enter into each type of deal?
Full Publishing Deal - Someone with little to no bargaining power, newer artist/songwriter/producer
Co Publishing Deal - Someone with some bargaining power
Administration Deal - Someone with a lot of bargaining power
What are the ranges for the standard amounts for the duration, delivery obligation and advances under a standard Exclusive Songwriter Deal for a new songwriter? To what extent are personal advances vs. demo costs recoupable? How is performance income handled differently?
1+2 to 4 years or may be album options,10-20 wholly written songs, $20k - $35k per year (more or less); Personal advances are 100% recoupable, Demo costs are 50% recoupable; idk
What are the ranges for the standard duration and administration fee under anAdministration deal?
Duration is 3-7 years & administration fee is 10-25% of income collected
Know the five variables (Licensor, Licensee, Rights, Fees and third party involved) for each of the three major types of licenses-mechanical, performance and
synchronization.
Licensor is publishing company for all current examples
Mechanical
-Licensee - Record Company
-Rights - To duplicate and distribute composition in audio format
-Fee - Statutory rate $.12 or $.0231 per minute whichever is larger (or negotiated reduction)
-Third party involved - The Harry Fox Agency (started by National Music Publisher Association (NMPA) now owned by SESAC)–Issues mechanical licenses for publishers and collects royalties from the record company for a fee (11.5%)
Performance
-Licensees - Anyone performing music, live or recorded
–Venues - Name all the places where you hear music in public
–Media - Name all the media where you can hear music
-Rights - rights to perform songs publicly
–One time or per use license - For a show, a festival, a convention, etc
–Blanket License - For regular users of music (bars, restaurants, radio, and TV, etc) You can play all songs in a PRO’s repertoire any number of times during license period
-Fees - depends on use, income, size
-Third Parties - PRO’s Non Exclusive right to license and collect for publishers and writers. ASCAP and BMI currently operate under a consent decree which means they have agreed that their practices, including license fees, are reviewable by a court if someone complains about them.
Synchronization
-Licensees - TV, Film,video, commercials, video games, etc
-Rights to put song in visual production - Other rights might be needed as well:
–Domestic Theatrical Performance License
–Master Use License (get from record label)
Fees
–Television - $8k-$20k
–Film - $20k-$60k
–Commercials - $250k-$500k
-Third Party
–Clearing Houses
–Music Supervisors
What are the ranges for TV, Movie and commercial sync licenses?
Television - $8k-$20k
Film - $20k-$60k
Commercials - $250k-$500k
Who are some sheet music publishers?
Hal Leonard, Cherry Lane, & Warner Chappell
What is the statutory rate for ringtones?
$0.24
What is the statutory rate for streaming services
15.1% of the income
How is newly created music for audiovisual productions handled?
work made for hire basis
Evergreen
generates income over a long period of time
