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Music Business test 1
Terms in this set (68)
The Foundation of the music industry is usually considered to be:
A great song
Song with a recording time of- 3:43
Song with a recording time of- 6:39
Song with a recording time of- 2:49
Song with a recording time of- 9:21
Song with a recording time of- 5:01
Song with a recording time of- 3:33
Song with a recording time of- 3:52
Song with a recording time of- 5:07
Song with a recording time of- 2:30
Song with a recording time of- 4:59
An original copyright registration provides the owner with a:
Certificate of Registration of their "claim" of copyright
Who is usually considered the "author" of a song that has been written by: (check all that apply)
A songwriter who was "hired" to write the song
A songwriter who actually wrote the music only
A songwriter who wrote the lyrics only
Responsible for the recording budget, session, and songs to be recorded
Use different equipment, mic plancement, mixing techniques, and communication skills to enhance the quality of the final sound recording.
Poets who use music to ingeniously combine words and music
Breath life into a song by vocally conveying the songs' emotional message and branding of their image.
The great interpreters of songs who use their emotions and talents for playing instruments into sound recordings and live performances.
Provide a "sample" of the artist's master recordings and other branded products (to prospective consumers) tied to the acts' backstory or "image."
Promotion & Publicity
Representation; administration and control of an artist career
Invest money and labors into an artist to make the most profit possible for the least amount of money possible.
Labels & Music Companies
Bridge the "creative" & "business" systems to connect songs to music related production companies.
Invest money to fund "events" in order to make a profit
Let's go back in history and assume your great, great, grandfather wrote a song in 1828. How long did he own the song?
No one ever owned it
A compulsory mechanical license for records is issued after;
A song has been recorded and released to the public for the first time
Who do most artist work for?
Themselves as entrepreneurs
Sampling is the art of taking any sound from a recording digitally and then incorporating then into your own (new) recording. To be able to accomplish this you must; (Check all that apply)
Pay sample "royalties" (for using samples from a master recording) of about 3 cents to 8 cents (on a global basis) for sales and about 20%-50% of the artist royalties for streaming.
Acquire (license) of the "master" rights from the record label
Finish your use of the sample in a new track (complete recording of the new song) and submit it to the label for a clearance
Get clearances (license) for the sample taken from the original recording (for the song rights) from the music publisher
Currently, under Article One, Section Eight of the Constitutition, the phrase "for a Limited Times to Authors and Inventors" means the owner of a new song (copyright) is:
The songwriter who created it unless it was a work-for-hire deal without a written agreement.
How can you"protect the name" of the band your in?
File the name you want to give to your band with the Library of Congress Trademark & Pattens office.
You and a classmate write a song together after class as you wrote the lyrics and your class mate the music. Both of you record the song in your dorm room on one of your computers. Who owns the song
Both of you own the song 50/50%
According to The IFPI (International Federation of the Phonographic Industry) the recreation, music, and entertainment industries are estimated to annaully be worth:
First use rights means (Check all that apply)
After the song has been recorded and distributed to the public for the first time then all additional companies or artists who want to record it and distribute it to the public must pay the statutory rate
Copyright owner can charge any amount of money for the first issued mechanical license to the first person/company who wants to record the song and distribute it to the public
A "claim of ownership," a "limited duration monoply" also considered a form of property rights
Public Perfomance by means of digital transmission
Gives Congress the right to legislate copyright statute to promote the Progress of Science and Useful Arts, by securing for Limited Times to Authors and Inventors, the Exclusive Right to their respective Writings and Discoveries.
Article One, Section Eight of the Consititution of the United Staters
To prepare a new new work based upon a copyrighted work
To reproduce or make copies
The symbol ©, or the word "Copyright" or the abbreviated "Copr.,"... the year of creation (unpublished) or the year of first publication (if distributed),... and the name(s) of the owner of the copyright or an abbreviation by which the name(s) can be recognized.
The copyright notice for a song
Established the ultimate purpose of modern copyright laws, which is to enhance public welfare by encouraging the dissemination of knowledge.
The Statute of Anne
You have written a new copyrightable song called "Forever." That means the song is; (check all that apply)
. owned by you
. . . considered a legal piece of property
. . . authored by you.
If you and your friends form a jam band in your garage (for fun) what type of legal business are you?
You're not a business yet, as nobody is paying you anything and it's just a hobby
Select which of the following are "copyrightable." (One or more than one answer is possible)
Dramatic works, including any accompanying music
Motion pictures and other audiovisual works
Literary works, such as books, etc
Pantomimes and choreographic works
Musical works, including any accompanying words
Pictorial, graphic, and sculptural works
Passman claims that a copyright is a;
Limited duration monopoly
Which of the following are considered a compulsory license (select all that apply)
Digital performance of records
Public Broadcasting system
Cable television rebroadcasts
Phonorecords and digital download of non-dramatic musical composition
Passman claims that you should build a list of potential team members from the AllAcess.com website
In a work for hire deal, the songwriter who was hired to write the song owns the copyright
The easiest, cheapest, and quickest way to register a claim of copyright is to:
Register with the LOC copyright office and then use the eCO website anytime you need to digitally register new copyrights
According to Passmam professionals in the industry need to think differently. He claims we should (pick all that apply)
Artist need to see themselves as a business
Understand that success hides a multitude of sins
Understand your career is going to have a limited run
Understand that most artist do not like business
Intellectual Properties are:
The meaning of the word "published" in copyright lingo means that the songwriter who wrote the song has a music publishing deal.
Who owns the "songs" a band performs in a recording or live performance?
The songwriter or music publishers of the songs the band are "using in their performance."
Currently, under Article One, Section Eight of the Constitutition, the phrase "for a Limited Times to Authors and Inventors" means the duration of the ownership of a new song (copyright) is:
Life of the creative artist plus 70 years
The Act of 1992
Provides royalties to songwriters, publishers, producers, recording artists, and record companies to compensate for their loss of royalties due to consumer copying or dubbing of their CDs and other media.109 In effect, this made it legal for consumers to make copies of their purchased entertainment sound recordings for their own personal use
The Act of 1790
Gave authors (for a limited time) monopoly ownership rights of approval for the copying and displaying of their creative works which were defined as books, maps, and charts. It also specified by statute that writing was a particular form of expression. The monopoly ownership rights, later called Exclusive Rights, were granted for one 14-year term, plus an additional 14-year renewal term (if applied) for a total of 28 years
The Act of 2004
Replaced the Copyright Arbitration Royalty Panels (CARP) with three federal judges. The judges serve scattered six-year terms and send all compulsory license fee recommendations to Congress
The Act of 1976
Extended the term of a copyright to life of the author plus 50 years. Joint authorship works were provided copyright protection for 50 years after the longest surviving author's death. Pseudonymous, anonymous, and works-for-hire were protected for 75 years from the date of first publication or 100 years from the date of creation, whichever expired first
The Act of 1909
The act expanded the monopoly ownership to a total of 56 years (original and renewal period). It also allowed protection for unpublished works and stated that a copyright notice on the work (© date and owner's name) was secured by publication, thus ending the need for newspaper copyright related advertisements
The "Sonny Bono" Act
Added an additional 20 years to the term of a copyright. Thus, the life plus 50 years that was granted in the 1976 Act became the current "life plus 70 years." The 1976 Act gave copyrights still under duration and created before the 1976 act an additional 19 years to extend the 56 years granted under the 1909 act to 75 years. The Sonny Bono Act extended those copyrights an additional 20 years for a total of 95 years
1998 The "Fairness in Music" Act
Exempted many "establishments," defined as food service and drinking establishments, with less than 3,750 square feet of gross space and other types of small businesses of less than 2,000 gross square feet, from paying a performance license fee for music played in their establishments through certain devices.
The Act of 1993
Eliminated the Copyright Royalty Tribunal (CRT) and replaced it with the Copyright Arbitration Royalty Panel (CARP) administered by the Library of Congress (Librarian)
The "sixth" Exclusive Right
Authorizes copyright owners to be paid for digital transmissions of their recordings, including interactive digital audio transmissions.118 Thus, the 1995 Digital Transmission Act expands the previous compulsory licenses by including digital audio transmissions as the sixth exclusive right
Implemented the 1996 World Intellectual Property Organization (WIPO) treaties for the protection of copyrights, performances, and phonorecords in the United States. The treaty significantly helped protect digital creative works by addressing copyright issues concerning the Internet, online service providers, computer programs, web casting, digital movies, digital music transmission, and downloads
If your work is commercially exploited (recorded on records, in a film, a commercial, etc.), you should register your claim of copyright if you want to receive any compulsory license royalties
The copyright law provides copyright protection at the moment an original work is:
Orginal and "Fixed" into a tangible medium
Passman claims that the first person you should hire to be on your team is the; (Check all that apply)
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