Exam 3

Question 1

copyright

Answer 1

“a limited duration monopoly” gives creators exclusive rights to their work for a period of time

Question 2

what is copyrightable

Answer 2

work has to be original

sufficient materiality to be considered a work

Question 3

mechanical royalties

Answer 3

royalties from distribution of recorded music

Question 4

mechanical royalty rate

Answer 4

9.1 cents

Question 5

statutory rate

Answer 5

the benchmark for setting mechanical royalties in the music industry

Question 6

rights granted under a copyright

Answer 6

• rights to reproduce a work
• rights to distribute copies of the work
• the right to perform the work publicly
• the right ti display publicly

Question 7

compulsory license

Answer 7

exceptions to the monopoly rule:

• cable tv rebroadcast
• public broadcasting system
• jukebox
• digital performance record

Question 8

conditions to meet a compulsory license

Answer 8

The song is a non-dramatic musical work AND
• It has been previously recorded AND
• The previous recording has been distributed publicly on phonorecords
AND
• The new recording doesn’t fundamentally change melody or character
of the song AND
• The new recording is only used on phonorecords.

Question 9

how do foreign mechanical royalties differ from the U.S.

Answer 9

foreign mechanicals are a percent of the whoelsale price

Question 10

typical split between writer and publisher

Answer 10

50/50

Question 11

A “draw”

Answer 11

advance on royalties from publisher

Question 12

performance rights societies and their function

Answer 12

royalty collection between copyright owners and parties

Question 13

Harry Fox Agency

Answer 13

issues mechanical licenses

Question 14

how writers and publishers performance monies are paid

Answer 14

it goes through the agencies, therefore the publisher does not double dip

Question 15

how are performance monies generated

Answer 15

every time the song is publicly performed

Question 16

cue sheets

Answer 16

how TV keeps track of plays

Question 17

synchronization license

Answer 17

motion picture, TV- time sync with visual images

Question 18

transcription license

Answer 18

radio commercials- no images

Question 19

typical price for single song sheet music

Answer 19

20% of marked retail price

Question 20

publishers share of digitally downloaded sheet music

Answer 20

50%

Question 21

in context use

Answer 21

know what the song is being used for exactly

Question 22

out of context use

Answer 22

song used for others sons besides what was specified

Question 23

Amount publisher can charge for a synchronization license

Answer 23

50,000-200,000

Question 24

How music in video games is typically licensed

Answer 24

flat fee, only royalty basis for music specific video games

Question 25

foreign subpublisher

Answer 25

make deals with US publishers. typical mechanical rights collection society. society makes interest on it and then distributes

Question 26

75/25 or 85/15 deal

Answer 26

subpublisher charges, normally 15-25%. the rest goes to US publisher

Question 27

DART act and what it established

Answer 27

Digital Audio Recorder and Tape Act -monies paid directly to writers and publishers by societies says those who cop works at home for non-commercial use are not committing copyright infringement -imposed tax on digital audio recorders and digital audio tape

Question 28

Legitimate costs deductions that publishers can charge to writers

Answer 28

demos collection costs subpublishing fees

Question 29

songwriting agreement

Answer 29

transferring ownership of a copyright in a musical composition to a publisher

Question 30

Reserves on mechanical royalty returns

Answer 30

50-75% of amount earned

Question 31

minimum delivery requirments

Answer 31

writer must deliver 12 songs a year (minimum number of songs in certain number of years

Question 32

term songwriting agreement

Answer 32

3 years (one firm, two optional)

Question 33

consequences from failure to meet minimum delivery requirement

Answer 33

they do not receive the next advance

Question 34

reversion clause

Answer 34

publisher must give writer copyright in future, (2 year with clout. beginner 4-5 years)

Question 35

common co-publishing agreements

Answer 35

the publishers split

Question 36

Percent of song earnings for writer with co-publishing agreement

Answer 36

50%

Question 37

joint work

Answer 37

when multiple people contribute to a work

Question 38

1976 copy right act

Answer 38

duration of copyright is life + 50 years | works prior to act gets 75 years from date of creation

Question 39

sonny bono act

Answer 39

added 20 years to the pre 76 act (95 years from dae of creation) life +70 anonymous 95 years from publication, 120 from creation

Question 40

symbol circle P

Answer 40

copyright on what you cant see