Final Exam Flashcards
(121 cards)
1
Q
Gilbert O’ Sullivan’s song “Alone Again, Naturally” is significant because
A
Samples from it were at the center of the first sampling law suite decided by the courts
2
Q
The term of a merchandising agreement is typically
A
One album cycle
3
Q
Concert promoters contract for artists services through
A
Booking or talent agencies
4
Q
For a TV network or stations to broadcast music, they must have a
A
Performance license
5
Q
Major talent agencies like CAA & WME
A
Are “franchised” by the unions
6
Q
What would be an example of an opportunity given to an artist by working with a creative agent
A
A famous photographer take photos for his/her artwork
7
Q
Co-publishing is when
A
One publisher splits royalties with another publisher in exchange for administrative or other services
8
Q
Personal managers are most likely to be trained as
A
A lawyer
9
Q
Prior to 1976, the last major revision by congress of copyright laws occurred in
A
1909
10
Q
The practice which provides that once a song has been recorded and released to the public, a copyright owner must license it, is known as
A
Compulsory license
11
Q
If a writer or an artist is given an advance, the publisher or label will usually
A
Recoup the advance before paying royalties
12
Q
A key man clause in a contract refers to
A
A person whose departure may allow the termination of the contract
13
Q
To ‘fix’ a song in copyright terms means to
A
Record in on a CD
14
Q
When a song is published, who typically controls the copyright
A
The publisher
15
Q
The license needed for recording music to a CD
A
Mechanical license
16
Q
What exempts a publisher from having to license a song at the statutory rate if it is the first time it has been licensed for recording
A
Doctrine of first use
17
Q
Which type of power of attorney authorizes the agent to carry out a particular business transaction for the principal
A
Limited
18
Q
If the artist is the CEO of their business, the personal manager is
A
COO- Chief Operating Officer
19
Q
The clause in the management contract dealing with what happens after the termination of the manager
A
Sunset clause
20
Q
Which tema member is the primary negotiator with the promoter on behalf of the artist
A
The agent
21
Q
A coordinated body of methods, an organizational scheme or a plan of procedure is a
A
System
22
Q
The entity most often help responsible by the PROs for obtaining a performance license is
A
The venue manager
23
Q
Recording costs, tour support monies, costs of collections and opening acts are examples of
A
Pass throughs
24
Q
Which is the only PRO that has members
A
ASCAP
25
Sound exchange is the nonprofit organization that
Collects performance royalties for sound recordings (masters)
26
Under current law, what is the duration of a copyright created as a work for hire
95 years from publication or 120 years from creation
27
A song in the public domain
Has an expired copyright, cannot be retrieved from public domain, and is available for anyone to use without payment of royalties
28
How long should the term of the contract between the artist and their business manager be
There should be no term in the contract between the artist and their business manager
29
In a promoter profit deal, the artist gets
A guarantee and a share of the money after breakeven
30
In union terms, scale is
The minimum wage for which a union member is permitted to work
31
The contract between the agency and the promoter has two parts, the _____ and the ____
Prima facia/rider
32
Before a record label will accept an artists recording they must deem it
Commercially and technically satisfactory and was recorded during the term
33
Which of the PROs typically takes about 20% of the licensing fees to pay for administration and over heard?
ASCAP & BMI
34
The type of publishing company that controls the most copyrights and generates the greatest revenues
Record company affiliate
35
According to Passman, artist royalties are calculated as percentage of
Wholesale price
36
The individual responsible for presenting the writer's song to artists and record labels in order to get them considered for recording is called
The song plugger
37
The length(in time) of a publishing (or any) contract is known as the
Term
38
Which department of the record company has the primary responsibility of getting the labels artists radio play
Promotion
39
The right of termination
Occurs 35 years after the copyright was originally transferred
40
T or F: If the record company signs a deal with an artist they have to put out at least one album
False
41
International copyright treaties are typically named after
The cities in which they are negotiated
42
What cannot be copyright protected?
An idea
43
When vivendi spun off the movie & TV part of the business it was purchased by
General electric
44
What is the primary focus of the personal manager?
Promoting the artists career
45
A business manager can
Pay the artist's bills
46
The 2 major unions in the music business are
AFM and AFTRA
47
In the U.S, song performance royalties, other than certain digital performances are paid to
Music publishers and songwriters
48
In what city is the U.S copyright office located
Washington, DC
49
In terms of Performance Rights organizations, a publishing company
May affiliate with multiple PRO's under different names
50
The one thing that neither of the major unions require of you to join is
An audition
51
The primary function of a publisher is acquiring & exploiting copyrights. This is accomplished mainly through
Marketing of copyrights (songs) to artists, managers, producers & music supervisors
52
The right of a manager to sign contracts and make commitments for an artist is given by the
Power of attorney
53
The primary purpose of the music business is
To entertain the masses, make money for record companies, export copyrights, and to express the artist's emotions
54
The license needed to use a song in a TV show or movie
Synch license
55
The union enforces its member policies primarily by
Taking membership cards away from members who violate their rules
56
An artist agent must have a license in
New York and California
57
A song earned $100,000 in mechanical royalties. How much has the songwriter earned?
$50,000
58
Merchandise advances must be
Repaid if sales goals are not reached
59
The company that owns MTV, VH1,BET, and CMT
Viacom
60
Cross-collaterization is a method for
Recoupment of advances
61
The record company department responsible for finding and developing new talent
A & R
62
A copyright may be defined as
Limited duration monopoly, tangible property, a form of protection provided by the laws of the U.S. to the authors of original works
63
The consolidation of radio began when
President Clinton signed the Telecommunications Act in 1996
64
Small, independent retailers that carry multiple genres or may specialize in a single genre
Mom & pop shops
65
What is not required to register a song with the copyright office?
A notorized stament authenticity
66
If a record label is uncertain about the potential of an artist they may sign them to a _____ deal
A demo or a development
67
Music publishers and songwriters usually have performance royalties collected by
ASCAP, BMI or SESAC
68
What company is the leading broker of mechanical licenses for publishers in the U.S
Harry Fox Agency
69
Royalties for digital music services and satellite radio are collected by
Sound exchange
70
Which department of the record company has the primary responsibility of getting the label's recordings in retail stores?
Sales
71
What term best describes the normal transfer of a copyright from writer to publisher?
Assignment
72
In 2004 Sony & BMG merged their recorded music divisions, four years later (2008)
BMG sold its 50% stake in the venture to Sony creating SONY Music Entertainment
73
The sub-distributor that sub leases space in another store is called
A rack jobber
74
The record company department responsible for getting records played on the radio is
Promotion
75
The record company function (department) responsible for finding and developing talent is
Artist & repertoire (A&R)
76
The sakes of greatest hits albums has declined thanks to
Digital downloading
77
The record company department responsible for delivering music via the internet
New media
78
Which member of the management team is the artist's exclusive representative is negotiating concert deals with promoters
Talent agent
79
T or F: An electronic transcription license like those used by environmental music company Muzak, includes the right to reproduce the copyrighted work in phonorecords to sell those phono records to the public
False
80
You should ask the business manager to agree to be audited (by the artist) how frequently?
Annually
81
What kind of license is obtained from the PRO's if a venue wants to allow performers to publicly perform any song in the PRO catalog
A blanket performance license
82
Which is not part of the business subsystem in music business
- Artist managers
- Attorneys
- Graphic Designer
- Studios
Graphic designer
83
Duration of a copyright
Life of the author plus 70 years
84
The legal instrument containing an authorization for the manager to act as the agent of the artist should be a
General power of attorney
85
Which license rate is totally negotiable
Synchronization license
86
When 2 or more people wrote a song together it is legally referred to as a
Joint work
87
Monies earned by artists from the sale of recordings are known as
Artist royalties
88
The first part of an agency promoter contract deals with
Fees, dates, and venues
89
The current statutory mechanical royalty rate is
9.1 cent or 1.75 cents per minute, whichever is greater
90
Permission to use a copyright is usually granted through
A license
91
Hall fees are charged when
A venue retails merch for the artist
92
What are the 3 primary income streams
Song writing, recording, live performances
93
The fairness in music licensing act applies to
Broadcast music only
94
What agency of the government administers (runs) the copyright office?
The library of congress
95
The type of publisher responsible for creation and sales of printed copies of the copyrighted work
A print specialty publisher
96
The sub-distributor that gets its name from the fact that it carries "everything" a record retailer could want to sell in their store
One stop
97
In concert promotion, cartage may refer to
Taking out the trash
98
The single song contract agreement (SSCA)
Should be signed by the writer and publisher for every song
99
Mechanical royalties for songwriters and publishers are generated by
Sales of recorded product (CDs, tapes, and downloads)
100
The complete notice of copyright for a song should include
C, the year of the first publication, name of the author
101
In a promoter profit deal, the split after breakeven heavily favors
The artist
102
The largest source of the performance royalty revenue (payments) comes from
TV
103
What portion of tour support money is typically recouped from the artist's income?
100%
104
Ticketmaster was started by
2 college students
105
For a song written by 2 or more people, who controls the song (copyright)
All of the authors have non-exclusice ownership
106
When an attorney is on a retainer
The artist (client) pays for a fixed number of hours of legal services from the attorney
107
The rigger is
The person that hangs speakers, lights and staging from the buildings superstructure (beams)
108
The fairness in music licensing act
Exempts small restaurant and bars from paying some performance royalties
109
When talent agency requires that the promoter give their artist top bill on all tickets, advertisement and press releases, he is asking
For 100% star billing
110
In concert promotion, concessions refers to
Food and beverages
111
What is typical of an Exclusive Writer Agreement
The publisher gets the rights to all the writer's songs written during the period of the contract
112
Agents in the music industry are
Responsible for finding the artist work
113
"Scaling the house" involves
Setting ticket prices
114
For an unestablished promoter, the deposit
Will probably be 100% of the guarantee
115
The area of the stage between the curtains and the audience is called
The proscenium
116
Most publishers use ______ to issue mechanical licenses
The Harry Fox Agency
117
Which of the following is not a typical part of a personal manager's job
Finding work for the artist
118
What are the top U.S music publishers
Warner/Chapel, SONY/ATV, Universal Music Publishing
119
The overriding role of management is to
Advance the artist's career
120
In publishing, a catalog refers to
A collection owned by the copyright
121
One of the advantages of registering a song is
It puts the "legal burden of proof on the other guy"
