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Terms in this set (41)
Administrative Publishers Are...
Reactive-only handling registrations, royalty collections and licensing. they do not actively exploit or provide a role in the scouting of business
backbone of a publishing company
its important to sign this when your co-writing songs
Split Sheets. default is equal shares regardless of contribution
I love Lucy theme still generates money from
performance incomes. this income is split into equal shares for publisher and the writers share
what is the difference between a cut and a placement?
a cut is whenever an artist records your song
a placement is whenever your song is placed
why is pitching music tricky
because music is subjective. everyone has an opinion about what they like and what they don't like
what is the contract language that prevents overcharging of fees when working in a co-pub deal?
"at source" agreement language specifies and caps the parties involved at a certain percentage.
under a co-pub agreement for a 100% written song how is it split up?
Co-Pub Deal is 75% for the writer because the writer is acting as a publisher as well and the other publisher will only collect 25%
If you write a hit song that ends up on the top charts in Germany , France and the UK. Your performance mechanical collections will go to what three PRO societies?
GEMA (Germany), SACEM (France), PRS for Music (UK)
Unclaimed money that is generated that is not registered the money goes...
Music Publisher needs this from the TV film studio.
Que Sheet. Appropriates A/V performance income. Its listing is used for the creative placement of a song.
What best describes a Exclusive Songwriter Agreement and who takes on the greater risk?
ESA is a bigger risk for the publisher because there is no gaurantee to recoup the advance. Because of the negative songwriter account balance.
When a songwriter signs a partial copyright to a publisher and also acts as their own publisher, what is the agreement called?
What is the Definition of Music Publishing? acronym
Creation, Copyright Ownership, Management/Exploitation, licensing and Royalty Collection of musical compositions.
What if the songwriter signs a deal where the music publisher is not just doing their usual publishing duties but also acting as a record company?
Artist Development Deal
If an artist was signed to Sony music the record label and they are also signed to Sony ATV for their publisher it is called what? And what are the dangers?
In-House or "Tied-Deal". It is dangerous because of the cross collateralization that offsets the negative balances. Not allowing the artist to see any money while they are trying to recoup.
What if the music supervisor calls you up and wants to use your song for a per-side deal? What does that mean?
It is for the composition AND the master.
This department of a music publishing company confirms song details, writer and publisher splits, data entry and often times have to resolve double claims.
Copyright or Administrative Department
This is money that has been earned on the song but has not yet been received.
This says that ASCAP and BMI must say yes to a performance license.
Consent Decree. If not the case could go to rate court. (ex:Pandora vs. ASCAP)
Under an ESA the songwriter transfers and assigns how much of the copyright?
100% of the Copyright. Which means that the publisher owns the copyright for a certain period of time, however, the writer still has 50% of his/her writers share.
The mechanical rate in the US and Canada is a what kind of rate?
"penny rate" system for mechanical royalties. The rest of world calculates royalties on PPD or a wholesale rate.
Three other foreign PRO's...
2. KODA- Denmark
3. SUIZA- Switzerland
How can a publisher affiliate with all three PRO's but a songwriter can only affiliate with one?
Publishers are able to create different names or entities for each PRO because they are able to sign multiple writers.
Bluewater Music did...
1. Bash Music (ASCAP)
2. Mighty Nice Music (BMI)
3. Critter City Music (SESAC)
Draw a mechanical income flow chart coming from an iTunes download. Then list the possible amounts of income at each stage.
Songwriter Agreement Paraphrase
Reference paragraph 9,10,11,12 the clause that will be used will be one of those.
In a contract for a full pub agreement there is a clause that says sells, transfers, grants and assigns 100% of the copyright, that is considered the what of the composition?
"Sale of composition"
this is a crucial source of long term publishing income.
What are the reversion area territories for a US songwriter to get their copyright back from their publisher?
UK's B.R.T. (BritishReversionTerritory), US and Canada
If you were to get a 15% discount for two songs if you guarantee a third song, what kind of deal is that?
What is the Controlled Composition Clause?
75% of the Statutory Rate. A way for the record companies to get a break on what they have to pay out.
Here is a licensing term that says that you will receive no less favorable terms than your co-publisher or master recording.
Most Favored Nation, MFN clause
This US law allows anyone to re-record a song without the direct permission of the copyright owner.
Compulsory License (requires monthly accounting)
What is the rate that Pandora is paying to ASCAP?
1.85% ASCAP & BMI --- 50% to labels & equity and interest from Pandora.
What is the rate that Spotify pays to HFA
10.5% to HFA less what is paid in PRO fees
Draw the cash flow royalties From an iTunes download...
iTunes (.99 download)- label(.70)- HFA(.091)-Pub/Admin(.02-.04)-Songwriter
important for timed and linear licensing with visual images to create an a/v work including tv/film placements.
are important for theatrical performances license fee of 4% of gross box office receipts.
Co-pub deals are important because...
songwriter is able to collect more royalties when he acts as a songwriter as well as a publisher 75"%
Flip Side Agreements
allow artist to collet additional cost because they are selling both the master and the composition
Reduced Rate mechanicals
MFN clause allow an equality across the board for all co-publishers that are involved, typically internationally
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