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Music Business Test Qs&As
Terms in this set (93)
At it's core, the Music Business is selling...
The primary purpose of the Music Business is...
The current Statutory Mechanical Royalty rate is...
9.1¢ or 1.75¢ per minute, whichever is greater
A copyright may be defined as...
a limited duration monopoly; a tangible property; a form of protection provided by the laws of the United States to the authors of original works
Required conditions for a compulsory mechanical license include...
(all of the above): The song has been previously recorded and distributed to the public; The new recording (the one you're getting the license for) is only used in phonorecords; The new recording doesn't change the basic melody or fundamental character of the song
When two or more people write a song together, it is legally referred to as...
a joint work
What agency of government runs the copyright office?
the library of congress
The Fairness in Music Licensing Act....
applies ONLY to broadcast music and Exempts small restaurant and bars from paying SOME performance royalties
When a song is "published" who typically controls the copyright?
The copyright act which allows for the prosecution of companies that aid in the theft of copyrights by their creation of enabling software is....
the No Electronic Theft (NET) Act of 1997
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...
After the 1976 Copyright Act AND the Sonny Bono Copyright Extension Act were passed, a copyright for a song that is NOT a work for hire and was created after Jan 1st, 1978 lasts for...
Life of the author plus 70 years
The Harry Fox Agency does not collect monies from...
The Digital Performance Right in Sound Recordings Act of 1995...
(all of the above): Created the sixth exclusive right - the right to digital distribution of records; Extended the compulsory mechanical copyright license to include digital transmissions of the copyright under certain conditions; Created performance royalties for artists and record labels under certain, strict conditions
The company that is the leading broker of mechanical licenses for publishers in the United States is...
The Harry Fox Agency
Prior to 1976, the last major revision by congress of copyright laws occurred in...
A copyright is...
(all of the above): created whenever an original idea is fixed to paper or phonorecords; a piece of property; a limited duration monopoly
International Copyright treaties are typicaly named after...
the cities in which they are negotiated
A "Poor Man's Copyright," putting your song in an envelope and mailing it to yourself ....
can provide some evidence of ownership if you don't forget and open the envelope before it is needed as proof
The _____________ 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
the right of first use
The Sonny Bono Copyright Term Extension Act...
(all of the above): Extends copyright protection an additional 20 years for songs written after January 1, 1978;
Expanded the termination of transfer of copyrights; Extends the life of copyrights written between January 1, 1964 and December 31, 1977 to 95 years
Monies earned by artists from the sale of recordings are known as...
The Right of Termination (of copyright) occurs....
35 years after the copyright was originally transferred
To "fix" a song in copyright terms means to...
record it on a CD
A song that is in the Public Domain...
(all of the above): has an expired copyright, can not be retrieved from Public Domain,
is available for anyone to use without payment of royalties
The Sonny Bono Copyright Term Extension Act.... (what did it do)
(all of the above): extended U.S. copyright terms by 20 years; Brought the U.S. copyright term in line with European copyright terms; Had an amendment attached to it called the Fairness in Music Licensing Act
Assuming the CURRENT full statutory rate applies, what will the mechanical license fee for the sale of 1000 copies of a 3-minute song cost the record label?
Sound Exchange is the nonprofit organization that....
collects performance royalties for sound recordings (masters
Gilbert O'Sullivan's song "Alone Again, Naturally" is significant because....
samples from it were at the center of the first sampling law suite decided by the courts
A performance is consider a public performance if it...
occurs in a place open to the public and is broadcasted on radio or television; attended only by family and close friends DOES NOT count
The grant of the right to reproduce the copyright in a phonorecord also includes....
the implied right to create a derivative work
The length (in time) of a publishing (or any) contract is known as the...
For a television network or station to broadcast music they must have a _____ license
A controlled composition clause....
(all of the above): Reduces the mechanical royalties paid to the publisher and writer; fixes the mechanical royalty rate at a percentage of the current mechanical royalty rate and that rate does not escalate like normal mechanical royalty rates; is part of an artist's contract with the recording company
Which of the PROs typically takes about 20% of the licensing fees to pay for administration and overheard?
ASCAP AND BMI
Permission to use a copyright is usually granted through...
The largest source of the performance royalty revenue (payments) comes from...
In publishing, a catalog refers to...
a collection of copyrights owned by the company
A synchronization license fee...
is totally negotiable
Which of the following is one of the top U.S. music publishers?
(all of the above): Warner/Chappell, SONY/ATV, Universal Music Publishing
Of the three PROs, which is the only one that has members?
The type of publishing company that controls the most copyrights and generates the greatest revenues is the _______ publisher
record compnay affiliate (the big ones, like Warner/Chappell etc)
When money is received by the publisher from the Harry Fox Agency for the sales of recordings (mechanical royalties), what percentage of that money is the songwriter entitled to in a standard writer/publisher agreement?
When there are multiple writers and publishers, how do the royalties work?
the writers split the writers' share and the publishers split the publishers' share of the royalties (equally, unless otherwise agreed to)
If a writer or an artist is given an advance, the publisher or label will usually....
Recoup the advance before paying royalties
The entity most often held responsible by the PROs for obtaining a performance license is...
the venue manager
The oldest of the three major U.S. PROs is....
A song has earned $100,000 in mechanical royalties. Assuming no HFA fees, how much would the songwriter receive?
Royalties for digital music services and satellite radio are collected by...
The license issued by a PRO that authorizes the use of all the songs in their catalog for public performance is a....
The single song contract agreement (SSCA)....
should be signed by the writer and publisher for every song
The license needed to use a song in a TV show or a movie is a ______________ license
In an exclusive songwriter, or term songwriter agreement (as Passman calls them), the term of the contract is....
for one year with the publisher holding a number (3 to 4) of one year options OR based on a number of songs to be delivered by the writer to the publisher in a year
In terms of Performance Rights Organizations (PROs), a publishing company may affiliate with one or multiple PROS?
The individual responsible for presenting the writer's song to artists and record labels in order to get them considered for recording is called....
a song plugger
Mechanical royalties for songwriters and publishers are generated by...
Sales of recorded product (CDs, tapes, and downloads
The license needed for recording music to a CD is a _______ license.
Most publishers use _________ to issue mechanical licenses.
the Harry Fox Agency
When a musician samples another artist's recording without permission, they have violated...
the song's writer and publisher's copyrights, as well as the recording artists' and record label's copyrights
What kind of license is obtained from the PROs if a venue wants to allow performers to publicly perform any song in the PRO's catalog?
a blanket performance license
A song has earned $100,000 in mechanical royalties. Assuming no HFA fees, how much would the record company receive?
The type of publisher responsible for creation and sales of printed copies of the copyrighted work is....
a print specialty publisher
The fastest way for a publisher to acquire a really large number of new copyrights (songs) is...
acquiring (buying) other publishers
Cross-collateralization is a method for....
recoupment of advances
Record companies might want to own publishing companies because...
(all of the above): The can keep the mechanical royalty payments "in the family."; They can share in the earnings from performance royalties that result from the recording;
Income opportunities for any given recording (not the song) tend to be limited
The primary function of a publisher is acquiring and exploiting copyrights. This is accomplished mainly through...
marketing of copyrights (songs) to artists, managers, producers & music supervisors
In the United States, song performance royalties, other than digital performances, are paid to...
music publishers and songwriters
The license required to use a recording with an audio-visual work is a...
a master license
When money is received by the publisher from a PRO for the airplay of recordings (performance royalties), what percentage of that money is the songwriter entitled to in a standard writer/publisher agreement?
Music publishers and songwriters usually have performance royalties collected by:
ASCAP, BMI, OR SESAC
In terms of Performance Rights Organizations (PROs), a writer...
(all of the above): must actively associate themselves with only one PRO at a time; may have songs at multiple PROs at any given time; must chose a publisher that is affiliated with the same PRO as the writer
The [_____________] 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
Right of First Use
Which department of the record company has the primary responsibility of getting the label's recordings in retail stores?
Rack jobbers do what?
lease space in another store
The sales of greatest hits albums has declined thanks to...
After Sony bought out BMG the new company was named...
Sony Music Entertainment, INC.
When the artist is responsible for paying the producer and mixer royalties out of their own royalties, the artist royalties are known as _______ royalties
If the company advances an artist money and the record does not sell sufficiently to recover the entire advance, the record company will...
recoup money from the artists next album(s) until the first album advance is paid in full AND/OR write the loss off as an expense of doing business and move on
According to Passman, as each option is exercised by the record label, an artist should receive...
an increased royalty rate and more money to record the next album
What are the "big three" record companies?
Vivendi Universal, Warner Music Group, and Sony
Creative, promotion and public relations departments are most likely to report directly to...
the marketing department
The Big Four label recently split up by its creditors (Citigroup) is...
When an artist's royalty is increased due to sales or longevity, this is called...
During negotiations, an artist should ask for...
(all of the above): a guarantee release that forces the label to either release the album or release the artist from their contract; the right to buy back unreleased albums; that the label release the album both digitally and in physical form (CD)
The record company department responsible for finding and developing new talents is....
A & R
Artist Royalty deductions include...
(all of the above): packaging deductions; free goods;
The primary thing that makes the "Big Three" one of the "Big Three" is...
they have their own distribution
The record company department responsible for getting records played on the radio is...
If a record label is uncertain about the potential of an artist they may sign them to a _____ deal.
a demo or a development
The record company department responsible for delivering music via the Internet is...
New Media department
Which of the "Big Three" record labels has Edgar Bronfman Jr. served as an executive?
both Universal and Warner
In 2004 SONY and BMG merged their recorded music divisions. Four years later, in 2008...
BMG sold its 50% stake in the venture to SONY creating SONY Music Entertainment, Inc.
According to Passman, artist royalties are calculated as a percentage of
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