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Music Business Final
| Question | Answer |
|---|---|
| Out of attorneys, studios, graphic designers, and artist managers, which is not part of the business subsystem? | graphic designers |
| a coordinated body of methods, an organizational scheme or a plan of procedure | system |
| Out of distributors, venues, promoters, or personal managers, which are not part of the live appearances cash flow stream? | distributors |
| Out of attorneys, producers, publicists, and graphic designers, which are found both in the business and creative sides of the industry? | producers |
| Out of venues, merchandisers/retailers, labels, and producers, which is not part of the recording cash flow stream | venues |
| When a songwriter transfers a copyright to a publisher | a single song contract should be signed |
| Should a songwriter be primarily responsible for exploiting their copyright? | yes |
| royalties collected from the sale of digital recording devices and media are | called DART royalties and split among artists, musicians, publishers, and record labels |
| for a song written by two or more people, who controls the copyright? | all authors have non-exclusive ownership |
| the copyright act which allows for the prosecution of companies that aid in the theft or copyrights by their creation of audio replicating devices | No Electronic Theft Act of 1997 |
| A song has earned $100,000 in mechanical royalties, how much did the songwriter earn without fees | $50,000 |
| Prior to 1976, the last major revision by congress of copyright laws occurred in | 1909 |
| Which DSP pays the most per stream | Tidal |
| a song in public domain... | has an expired copyright, can't be retrieved from public domain, and is available for anyone to use without payment of royalties |
| requirements for a compulsory mechanical license | song is previously recorded and distributed to public, new recording is only used in phonorecords, new recording, doesn't change fundamental character of the song |
| from 1790-1976, the U.S. gov enacted laws extending the duration of a copyright due to | increasing life expectancy |
| money earned by artists from the sale of recordings are known as | artist royalties |
| out of analog tape, the soundtrack from a movie, a hard disk drive, or compact discs, which is a legal exception to the definition of a phonorecord? | movie soundtrack |
| True or false: satire is a protected form of free speech | false |
| under current law, what is the duration of a copyright for an original work created and published in 1975 | 95 years |
| what is needed to register a song with the copyright office? | registration fee, government form, mandatory deposit containing the work |
| when a song is published, who owns the copyright? | the publisher |
| exploiting copyrights is | achieved by marketing them and facilitated by licensing them |
| in the case ofd a joint work | each author has non exclusive ownership of entire work |
| what are the four factors of the four factor test? | the nature of the original work, the purpose and character of the new use, the amount and substantiality of the portion used, the affect on the market value of the copyrighted work |
| one advantage of registering a song is | it puts the "legal burden of proof" on the other person |
| disadvantages of a compulsory mechanical license, relative to a negotiated license, includes... | compulsory licenses are more expensive for the record company and less income for writer and publishers |
| the current statutory mechanical rate is | 12 cents or 2.31 cents per minute, whichever is greater |
| harry fox agency collects money from | mechanicals, sync licenses, and record companies |
| a copyright is | created whenever an original idea is fixed to paper or phonorecords, a piece of property, and a limited duration monopoly |
| the fairness in music licensing act | exempts small restaurant and bars from paying some performance royalties and only applies to broadcast music |
| under current law, what is the duration of a copyright for an original work created and published in 1996? | life of author plus 70 years |
| for a work to by copyrightable, the work must be _____ and ______ | fixed in tangible form and original |
| true or false, none of the DSPs pay the same mechanical royalty rate | true |
| the right of termination occurs ____ years after copyright was originally transferred | 35 years |
| cross collateralization is a method for | recoupment of advances |
| the license issued by a PRO that authorizes the use of all songs in their catalog for public performance | blanket license |
| primary function of a publisher is acquiring and exploiting copyrights, which is mainly accomplished through | marketing copyrights to artists, managers, producers, and music supervisors |
| What are the top U.S. music publishers | warner/chappell, universal music publishing, SONY/ATV |
| are sync license fees negotiable? | yes |
| a performance is public if it is | broadcasted or occurs in a public place |
| when it comes to PROs, a writer | must actively associate themselves with one PRO at a time, may have songs at multiple PROs at any time, and must choose a publisher that is affiliated with the same PRO as the writer |
| how the pay gets split when there are multiple writers and publishers: | writers split the writers' share and the publishers split their share of the royalties |
| what percentage of money is received by the publisher from a PRO for the airplay of recordings | 0% |
| when money is received by the publisher from the HFA for the sales of recordings (mechanical royalties), what percentage is the writer entitled to? | 50% |
| when a musician samples another artist's recording without permission, they have violated | no copyright laws if the sample is short or the recording artist's/label's copyrights |
| true or false, an electronic transcription license include the right to reproduce the copyrighted work to distribute to the public | false |
| if a writer or artist is given an advance, the publisher or label will | recoup the advance before paying royalties |
| the license required to use a recording with an audio visual work is a | master license |
| in terms of PROs, a publishing company | may affiliate with multiple PROs under different names |
| Gilbert O'Sullivan's song "Alone Again, Naturally" is significant because | samples from it were at the center of the first sampling law suit |
| which of the PROs is the only one that has members? | ASCAP |
| the entity most often held responsible by the PROs for obtaining a performance license is | the venue manager |
| most publishers use ____ to issue mechanical licenses | harry fox agency |
| what is typical of an exclusive writer agreement? | publisher gets the rights to all the writer's songs written during the period of the contract |
| the oldest of the three major PROs is | ASCAP |
| the largest source of the performance royalty revenue comes from | television |
| a song has earned$100k in mechanical royalties, how much does the record company get? | $0 |
| a song has earned$100k in mechanical royalties, how much does the songwriter get? | $50k |
| license needed for recording music to a CD is a ____ license | mechanical |
| song performance royalties are paid to | music publishers and songwriters |
| royalties from digital music services and satellite radio are collected by | soundexchange |
| permission to use a copyright is usually granted through | a license |
| the current statutory mechanical royalty rate is | $0.091 or $0.0175 per minute, whichever is greater |
| for a tv network to broadcast music, they must have a | performance license |
| music publishers and songwriters have performance royalties collected by | ACAP, BMI, or SESAC |
| video shoots are responsibility of _____ department | creative |
| when BMG and SONY merged their record companies... | a new company called SONY-BMG was created and owned 50-50 |
| which department has primary responsibility of getting artist airplay? | promotions |
| department responsible for finding and developing new talent | a & r |
| sales of greatest hits albums has declined thanks to | digital downloading |
| after sony bought out BMG, the new company was named | Sony Music Entertainment, Inc |
| artist royalty deductions include | promotion copies, free goods, packaging deductions |
| recoupable costs include | recording costs, half the video costs, artist advances |
| if company advances an artist money and the record doesn't sell to recover the entire advance, the company will _____ or _______ | write the loss off as an expense of doing business or recoup money from the artist's next albums until the advance is paid in full |
| when Vivendi spun off the movie and tv part of the business it was purchased by | general electric |
| when an artist's royalty is increased due to sales or longevity, this is called | escalations |
| Word records past and present ownership | used to be owned by warner and opryland, currently owned by curb records |
| in 2004, vivendi-universal sold 80% of universal entertainment, its film and tv division to | general electric, the parent company of NBC |
| the big four label split up by its creditors is | EMI |
| what is an example of something that's not a source of revenue for record companies | covers of their recordings on other labels |
| the primary thing that makes the "big three" so big is that | they have their own distribution |
| during negotiations, an artist should ask for | the right to buy back unreleased albums, the label to release the albums both digitally and in physical form, a guarantee release that forces the label to either release the album or release the artist from their contract |
| according to passman, as each option is exercised by the record label and artist should receive | increased royalty rate and more money to record the next album |
| the company that owns mtv, vh1, and cmt | viacom |
| lawyers are found in what department of the record label? | administration |
| before a label accepts an artist's recording they must deem it | recorded during the term, commerically satisfactory, and technically satisfactory |
| founders of dreamworks skg with their area of expertise: steven spielberg, david geffen, jeffery katzenberg | movie direction and production, record company operation, movie production and distribution |
| which of the big three record labels has edgar bronfman jr. served as an executive | universal and warner |
| record companies are like venture capitalists because they | loan money to artists know that there is a good chance they won't get it back |
| before universal music group was bought by vivendi, it was owned by | seagram's |
| deductions from artist royalties include | advances, returns, free goods, packaging charges |
| Bertlesman Music Group (BMG) is still in music publishing | true |
| creative, promotion, and public relations departments are most likely to report directly to | the marketing department |
| if a label is uncertain about the potential of an artist they might sign them to a _____ or ______ deal | demo or development |
| tunecore, cd baby, and apple music are examples of which channel of distribution? | direct distribution |
| the sub distributor that gets its name from the fact that it carries "everything" a record retailer could want to sell in their store is represented by | a "one stop" |
| the company that took over rack jobbing music at Walmart | Anderson Merchandisers |
| the distribution system that serves mass merchandisers like walmart and kmart is made up of | rack jobbers/branch distribution |
| out of department, one stop, discount, and specialty, which is not a type of retailer? | one stops |
| the marketing budget includes efforts aimed at | consumers/fans |
| true or false: every album recorded by the music company must contribute to the overhead costs of the company | true |
| out of recording, marketing, A&R, and sales, what is not part of budgeting for a new recording project? | A&R |
| true or false: it is impossible for the record company to make money on a record release when the artist does not | false |
| kickstarter is an example of | crowd funding |
| recording sessions where the intent is to release the recording to the public is called a _____ session | master |
| an independent producer | is not affiliated with a publisher or label, is paid an upfront fee and a percentage based on sales, usually starts as a staff or demo producer |
| union that represents instrumentalists and arrangers is | AFM |
| which union requires a vote by current membership before you can join | IATSE |
| instrumentalists recording music for a major label release perform work covered by union contracts negotiated by what union? | AFM national office |
| until others are added to the team, the personal manager may do the job of | the business manager, the tour manager, and the road manager |
| who should be responsible for signing the artist's tax forms? | the artist |
| if the artist wants the option to fire the manager if certain goals aren't achieved by the artist, they should include one or more ____ goals | performance |
| a business manager can | pay the artist's bills |
| term for income before expenses are deducted is | gross |
| a key man clause in a contract refers to | a person whose departure may allow the termination of the contract |
| what would be an example of an opportunity given to an artist by working with a creative agent? | starting a cosmetic line |
| recording costs, tour support money, costs of collections, and opening acts are examples of | pass throughs |
| the overriding role of management is to | advance the artist's career |
| how long should the term of the contract between the artist and their manager be | there should be no term in the contract between the artist and their business manager |
| the clause in the management contract detailing what the manager will be paid when the contract is up | sunset clause |
| major talent agencies like CAA and WME | are "franchised" by the unions |
| to act as an artist agent in _____ and ______, one must have a license | CA and NY |
| what is the primary focus of the personal manager | to promote the artist's career |
| an agency-artist contract should | have a key man clause, exclude non performance income like acting, have a termination clause |
| talent agencies are _______ of talent | wholesalers |
| what will affect what a personal manager charges an artist for their service? | extent of the services the manager provides, income of artist, reputation and track record of attorney |
| road managers | get a salary not a percentage, are responsible for justifying the box office, are exclusive employees of the artist while on tour |
| when hiring a personal manager, it is best to choose | someone that has no attachment to you |
| when negotiating the management contract, who needs an attorney to represent them? | both the artist and artist manager needs an attorney |
| the clause in the artist-manager contract that spells out the conditions under which the manager may be fired | termination clause |
| which member of the management team is the artist's exclusive representative in negotiating concert deals | talent agent |
| which type of power of attorney authorizes the agent to carry out a particular business transaction for the principal? | limited power |
| music business attorneys... | should have industry experience, may be the first member of a management team, influence the choice of other members of the management team |
| in order to be a business manager, one must have a license in... | no state licenses for business managers |
| legal instrument containing an authorization for the manager to act on behalf of the artist should be a ____ power | general power of attorney |
| a lawyer with good industry relationships is important because | record companies and publishers treat them better, they are familiar with more deals and contracts, they can get access to important people easily |
| from 1966-1974 the Turtles had how many different managers? | 7 |
| personal managers are most likely to be trained as | a lawyer |
| what is not a part of a personal manager's job? | finding work for the artist |
| a business manager should | collect money and pay bills |
| the person responsible for the creation and sale of items sold at concerts | merch manager |
| personal manager's contract is likely to last | a certain number of album cycles |
| when an attorney is on retainer... | the client prepays for a fized number of hours of legal services |
| the right of a manager to sign contracts and make commitments for an artist is given by the | power of attorney |
| the two entities in the music business that attempts to regulate agents are | states and unions |
| an attorney may have a conflict of interest when | they represent more than one party in a negotiation |
| which person is the primary negotiator with the promoter on behalf of the artist | the agent |
| business managers' fees for established artists are typically ____% of the artist's gross income | 5 |
| if the artist is the CEO of their business, the personal manager is the | COO- Chief Operating Officer |
| the concept that an artist can have only one personal manager or one talent agent at a time is known as | exclusivity |
| for a smaller tour, who collects the money from the promoter? | the road manager |
Created by:
rachelb755