Final Flashcards

1
Q

Nashville large Independent Labels

A

Big Machines
Broken Bow
Curb
Black River Entertainment

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2
Q

Intellectual Properties

A

Trademarks
Patents
Trade Secrets
Copyrights

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3
Q

mechanical royalties

A

generally from sales; Harry Fox major US collector

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4
Q

DPD

A

Digital Phonorecord Delivery

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5
Q

current rate for ringtones

A

$.24

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6
Q

statutory rate of song

A

$.091

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7
Q

symbol of sound recording

A

p w/ circle

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8
Q

transfer of ownership interest of a copyrighted work to a publisher

A

assignment

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9
Q

example of fair use

A

education, news, commentary

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10
Q

DPSRA of 1995

A

allowed sound recordings a public performance right via digital audio transmission

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11
Q

current duration of copyright

A

life plus 70 years

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12
Q

termination of transfer clause (and year)

A

first year an author could reclaim his copyright; 2013

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13
Q

6 exclusive rights for copyright owner

A
  1. reproduce the work
  2. distribute copies of the work
  3. perform the work publicly
  4. make a derivative work
  5. display the work publicly
  6. perform the work in a digital medium
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14
Q

largest market in world for music sales

A

US

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15
Q

years for pseudonymous copyright

A

95 years

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16
Q

DART act of 1992

A

taxed digital sales

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17
Q

majority of mechanical licenses

A

Harry Fox

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18
Q

controlled composition

A

a song that’s written, owned or controlled by the artist

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19
Q

controlled composition clause

A

clause in artist contract where record label doesn’t have to pay full statutory rate

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20
Q

how much % are mechanical royalty rates reduced from statutory rate

A

75%

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21
Q

what license is needed if an actor is going to sing a song on an episode

A

sync license

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22
Q

what license is needed if you are planning on using sound recording on episode

A

master use license

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23
Q

who is held responsible for obtaining a blanket performance license

A

venue management

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24
Q

AIMP

A

Association of Independent Music Publishers

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25
Q

license needed for recording music to CD

A

mechanical license

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26
Q

what % of money is received by Harry Fox for sales of recordings

A

50%

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27
Q

DHM is what type of publisher

A

stand alone

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28
Q

900 pound Gorilla

A

major companies affiliated with a record company

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29
Q

Major Affiliates

A

Independent companies with staffs but administered by a Major

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30
Q

Stand Alones

A

company not affiliated with a major and does it’s own administration

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31
Q

Writer/Publisher

A

writer that owns his/her own publishing

32
Q

mechanical money held by record label and not paid to publishers and artists to account for returns from overshipping

A

reserves

33
Q

conflict of interest

A

attorney cannot negotiate a deal on behalf of 2 of his own clients against each other

34
Q

Marketing (division of record label)

A

advertising, publicity, artwork, swag, promos

35
Q

Promotion (division of record label)

A

getting singles played on radio, deal with program directors at radio

36
Q

Program director (division of record label)

A

makes decision on what is played on his station

37
Q

product management (division of record label)

A

coordinate with all depts. to push records

38
Q

Independent Distributor

A

distribute records for indie labels

39
Q

RIAA comes from…

A

soundscan

40
Q

Power of attorney

A

the person can sign legal and binding documents on your behalf

41
Q

sunset clause

A

outline terms of how manager is paid

42
Q

key man clause

A

you have right to exit contract with management company

43
Q

% personal manager gets

A

15-20% gross

44
Q

% business manager gets

A

5% gross

45
Q

set monthly fee to keep lawyer at disposal

A

retainer

46
Q

% agents get

A

10% commission

47
Q

retailers

A

storefronts that sell albums

48
Q

wholesale distribution

A

major means of distributing records to major record companies; buy from manufacturer and sell to retail

49
Q

one-stops

A

buy bulk; buy from manufacturer and sell to mom and pop

50
Q

rack jobbers

A

lease floor space of dept. stores

51
Q

mid price records

A

when album goes to 75% discount

52
Q

budget records

A

when album goes to $8 or less

53
Q

first sale doctrine

A

copyright owner has no claim to royalties when cd is resold

54
Q

PPD

A

published price to dealers

55
Q

free goods

A

records given to retailers as a way to discount wholesale price

56
Q

6 recoupable costs

A
  1. advances
  2. recording costs
  3. video costs
  4. independent promotion costs
  5. tour support
  6. amounts paid on artist’s behalf pertaining to contract
57
Q

recoupment

A

process of keeping royalty money otherwise payable to artist to cover costs

58
Q

4 nonrecoupable costs

A
  1. manufacturing costs
  2. advertising
  3. marketing and shipping
  4. costs in connection to artist agreement
59
Q

RIAA

A

Recording industry association of America

60
Q

Demo deal

A

small budget to make demos ($10,000)

61
Q

developmental deal

A

next after demo ($50,000)

62
Q

recording contract

A

pre-negotiated

63
Q

AFM

A

American Federation of Musicians

64
Q

AFTRA

A

American Federation of TV and Radio Artists

65
Q

R.O.W

A

Rest of world

66
Q

collects royalties for non-interactive webcasting

A

sound exchange

67
Q

when a venue or festival site charges merchandiser to put up a display or table to sell product

A

Hall Fee

68
Q

who books the hall, pays rent, advertising, supervise running of show

A

promoter

69
Q

section of the booking contract gives specific requirements for things like food, lights, sound

A

rider

70
Q

tour merch term

A

1 album cycle; exclusive

71
Q

who gets double scale

A

leader

72
Q

cartage

A

carries or transports goods in a commercial area

73
Q

demo scale ($)

A

$156; cannot be used for sync or sold w/o being upgraded first

74
Q

limited pressing scale ($)

A

$196.50; can be used in sync

75
Q

master scale ($)

A

$393.43

76
Q

who is the person at TV or film studio in charge of choosing music for production

A

Music Supervisor