Final Review Flashcards
(111 cards)
1
Q
True/False: copyright protection is secured upon creation when a work is fixed in a tangible form
A
True
2
Q
True/False: one cannot copyright a song title
A
True
3
Q
True/False: an audit clause gives a songwriter the right to ascertain the accuracy of his/her royalty statement
A
True
4
Q
True/False: co-publishing is when two or more parties share copyright ownership
A
True
5
Q
True/False: ASCAP is the American Society of Composers, Authors, and Publishers
A
True
6
Q
True/False: The third revision to the copyright act (1909) was important because it defined a mechanical use for the first time
A
True
7
Q
True/False: In its origin, ASCAP was elitist
A
True
8
Q
True/False: The Aeolian company manufactured player pianos
A
True
9
Q
True/False: BMI is a PRO
A
True
10
Q
True/False: Harry Fox issues mechanical licenses
A
True
11
Q
True/False: Player pianos were one of the first mechanical music playing devices
A
True
12
Q
True/False: Duration of copyright under current law is life of the author or 70 years, whichever is longer
A
False
13
Q
True/False: The creative dept. of a music publishing company is responsible for collecting royalties
A
False
14
Q
True/False: The current statutory mechanical rate is .0755
A
False
15
Q
True/False: The artist singing the song on the radio performance earns the most in performance royalties
A
False
16
Q
True/False: The duration (TER) of a songwriting contract is determined by federal law
A
False
17
Q
True/False: Songwriters must assign their song to a publisher to be successful
A
False
18
Q
True/False: SESAC issues mechanical licenses
A
False
19
Q
List the 5 exclusive rights you receive when one registers and holds the copyright in a song
A
- Reproduce or create derivative work
- Distribute copies
- Perform publicly
- Display publicly
- Perform by digital transmission
20
Q
Explain the concept of a ‘recoupable’ advance
A
A recoupable is basically an advance of money or a load that is given to a song writer in anticipation of success or producing a hit. This money must be paid back immediately before the song writer makes any profit off of the hit
21
Q
List 5 criteria of the 1976 copyright act
A
- defined fair use
- made licensing procedures easier
- cable TV/university use
- life + 50 years
- made all other amendments obsolete
- reevaluate rate often
22
Q
What are 4 exceptions to copyright
A
- fair use
- compulsory mechanical license
- public domain
- one owns the song
23
Q
List 5 conditions that must be met to obtain a compulsory license:
A
- must be previously recorded/released
- must notify in advance
- must get permission
- cannot make dramatic changes
- must pay statutory rate
- must name artist/label
24
Q
Define Work for Hire
A
songwriter works for a company and everything they write belongs to the company and the writer gets a recoupable advance to live on.
25
What is the controlled composition clause?
Only applies to recording artists who make own material - must license to record company at 3/4 of normal rate. Recording agreement between artist and record company
26
True/False: songwriters usually indemnify their publishers against losses incurred by infringement lawsuits
True
27
True/False: A music publisher may belong to both ASCAP and BMI, but a writer can only be a member of one at a time
True
28
What is a blanket license?
lets radio play any song from BMI/ASCAP/SESAC repertoire
29
What are the 4 songwriter agreements?
1) single song agreement
2) exclusive songwriting agreement
3) co-publishing agreement
4) administration agreement
30
True/False: a single song agreement allows for uncut songs to revert to the songwriter after term
True
31
True/False: The creative dept. of a music publishing company is responsible for collecting royalties
False
32
The licensing dept. of a music publishing company is responsible for negotiating rates
True
33
True/False: The artist singing the song on a radio performance earns the most in performance royalties
False
34
True/False: Performance royalties and mechanical income are the greatest sources of income for most music publishers
True
35
True/False: The Sonny Bono amendment provided for copyright term extension
True
36
True/False: Giving a recoupable advance to a songwriter is like an unsecured, no-interest loan
True
37
True/False: Minstrel performers were often White people appearing in "Blackface"
True
38
True/False: PRO's act as agents representing songwriters and music publishers for the purpose of performance licensing
True
39
True/False: Tin Pan Alley is located in Erie, PA
False
40
What are the provisions in an exclusive songwriting agreement?
1. exclusive
2. term of 1 year with options
3. list of rights granted to publisher
4. song delivery requirement
5. Recoupable advances
41
What are the provisions in a single song songwriting agreement?
1. non-exclusive
2. term of 12-24 months
3. no advances
4. uncut songs revert to writer after term
5. if recorded, return split of 50/50 and property of publisher
42
Define "fair use" and give an example
fair use is when a copyrighted work is used in a way that no license is needed. When fair use occurs. profit is not being made from using the copyrighted work. An example of fair use is education.
43
True/False: an audit clause gives a songwriter the right to ascertain the accuracy of his/her royalty statement.
True
44
True/False: The CEO of a music publishing company should be able to oversee an acquisition
True
45
True/False: Booking agents feel they serve two clients: the artist and the talent buyer
True
46
True/False: A large national booking agent normally take commission of 10% to 15% of the artist's gross income from work generated by the agency
True
47
True/False: a compulsory license allows a record company to pay a reduced mechanical fee
False
48
True/False: Personal managers do not involve themselves with the personal problems of their clients
False
49
True/False: The duration (TERM) of a songwriting contract is determined by federal law
False
50
True/False: an artist may work with an agency on a nonexclusive basis for work in a specific region
True
51
True/False: "Payola" was originally legal
True
52
True/False: In its origin, BMI was elitist
False
53
True/False: the leader on a AFM session makes at least double scale
True
54
True/False: Union musicians can earn a pension
True
55
True/False: AFTRA has different scales for singers based on the singer's level or type of performance
True
56
True/False: Today's technology has made record production more accessible
True
57
True/False: A large recording budget can be detrimental to a recording artist
True
58
True/False: Record companies, when signatory to the musicians union agreements, often contribute to funds that improve the musicians well being and security
True
59
True/False: There is a shortage of qualified entertainment attorneys
True
60
True/False: attorneys have multiple ways to charge a client
True
61
True/False: Singers who aspire to a career in the recording industry should join AFTRA
True
62
True/False: on a union recording session, singers and musicians are paid according to predetermined scales
True
63
True/False: companies that are signatory to the AFM agreements have agreed to only use union musicians
True
64
True/False: AFTRA and the AFM represent the interest of singers and musicians respectively
True
65
True/False: License fees for music used in Broadway shows is usually based on a percentage of ticket sales
True
66
True/False: The standard range of an artist manager's commission in 5% to 9%
False
67
True/False: Singers performing Background Vocals on a AFTRA session get paid the same as a soloist
False
68
True/False: The Harry Fox agency is into wildlife preservation
False
69
True/False: the amount of a synchronization license fee is determined by statute
False
70
True/False: one gains superior protection when one registers a song with the copyright office
True
71
Historically, the domestic PRO's have collected more than 2 billion dollars annually
True
72
True/False: on a union recording session the drummer is the highest paid
False
73
True/False: Union musicians can be fined for working with non-union musicians
True
74
True/False: Initiation, yearly and work dues fund the Musicians Union's operation
True
75
True/False: booking agents help artist secure their backing musicians
False
76
True/False: Tennessee is a "Right to Work" state
True
77
True/False: In the standard recording contract, audit rights are granted to the artist
True
78
True/False: Singers working under an AFTRA contract get paid according to the amount of notes they sing
False
79
True/False: In California, artist managers can legally secure concert appearances for their artists
False
80
True/False: Union musicians get paid a higher scale when they work on Sundays
True
81
True/False: In a "360" record deal artists are asked to let a record company participate in concert and merchandise revenue
True
82
True/False: Production designers are responsible for the visual aspects of concert staging
True
83
List five factors that can influence the amount of the licensing fee for a synchronization license
1. film budget
2. sound budget
3. how long the song plays for
4. the respectability or notoriety of the film maker
5. if it plays in the trailer
84
List five responsibilities of a road manager
1. transportation
2. food and lodging
3. supervising lights and sound for the stage
4. collecting revenues/setting up accounts
5. security
85
What are two examples of expenditures made by a record company or publishing company that are likely to be considered recoupable
1. promotional fees
| 2. production fees
86
List five attributes or skill sets of a successful artist manager
1. well connected
2. honest and straightforward
3. well educated
4. able to identify talent
5. willing to fight for the rights of their artist
87
Define a "sunset clause" in a management contract
If an artist and a manager decide to part ways, they agree to split revenue of works they did together
88
Define a "Key man" Clause
if an artist is with a company because of his/her manager, the artist can leave the company if their manager leaves or is fried, without reprocussions
89
Explain what a "re-use" or "new use" fee is and to whom it applies
this is the fee that is due when someone wants to use someone else's work. It benefits the musicians whose work is wanting to be used.
90
In music copyright language, define "first use"
the songwriter and his or her music publisher have approval rights over the first recorded and released version of a newly written composition
91
List 5 benefits of AFM or AFTRA membership
1. pension
2. health care
3. cartage
4. reuse fee
5. rehearsal space
92
What is a 360 Deal
the record label saying they will invest money in the artist, and if become famous then they want a piece of all of your revenues because wouldn't have revenue without their investment; all income becomes a part of the contract
93
What are the different payment options for attorneys?
1. Hourly fee
2. Retainer
3. Fixed fee
4. Contingent payment plan
94
What are 5 provisions in a royalty artist contract?
1. Term
2. Exclusivity
3. Royalties
4. Advances (recoupable)
5. recording budget (recoupable)
95
What are 5 types of licenses and what do they allow you to do?
1. mechanical license: allows you to put a song on a CD
2. Synchronization license: allows you to play a song in a movie/TV show
3. Blanket license: allows radio to play any song from BMI/ASCAP/SESAC repertoire
4. Compulsory License: can record and release song without permission of copyright holder
5. Print licenseL allows you to copy or reprint music owned by someone else
96
What are 5 fixed costs of concert production?
1. advertising
2. sound and lights
3. insurance
4. venue rent
5. security
97
What are 5 factors that you would consider when choosing a recording studio?
1. Cost
2. Location
3. Staff
4. Vibe
5. Acoustics
98
What are 5 venue types and their seating capacity?
1. Stadium: 30,000-100,000
2. Festival Site: 10,000-500,000
3. Arena: 5,000-20,000
4. Theater: 1,000-6,000
5. Amphitheaters: 5,000-30,000
99
What are 5 items found in a hospitality writer or a technical writer?
1. Clean towels
2. Food
3. Hotels
4. Security
5. Lighting for stage
100
What is the split point and how do you figure it out?
the dollar amount that must be reached for the artist and the act to determine where they break even.
How to reach split point: all the fixed costs, production costs, promoters fees, hard costs required to put production on totaled
101
What are 5 items included in a business plan?
1. what service is being offered
2. who will own/run the company
3. what resources are needed
4. who the customers are and how they will be reached
5. how the product/service will be distributed
102
When did stereo come into play?
1958
103
What is deadwood?
unsold ticket
104
What does it mean to be a "right to work" state?
you cannot be prohibited to be working in your chosen field by union membership
105
What are 5 factors that affected change in business?
1. Technology
2. Politics
3. Economics
4. Fashion
5. Social issues
106
What is scaling the house?
determining which seats have what value
107
What are the different types of business structures?
1. Solo
2. Partnership
3. Corporation
108
What were 5 big indie labels in the 1960's?
1. Atlantic
2. Philies
3. Motown
4. Sun
5. Chess
109
What is the Taft-Hartley Act?
Every state must adhere to this which allows non-union members a free ride for a specified period of time
110
What is a one record firm?
Firm required to record and release at least one album
111
What is a right to work state?
Don't have to be in a union to work
