Who is responsible for obtaining the performance license?

The manager or owner of a venue

To register a valid copyright, there are 3 steps...

1.Deposit 2.Registration 3.Notice

What's the difference between Trademarks and Copyrights?

If I wanted to sign an administration deal, I would try to negotiate a deal that would....

Allows me to keep the rights to my catalog & share 85/15

What do the two copyrights for a musical work, notated respectively by the © and ℗ stand for?

Permission to use a copyright is usually granted through....

Either a compulsory or negotiated license

What does sound scan do?

Tracks how many records are sold in retail channels (stores)

A keyman clause typically provides what kind of protection in a contract?

Artist protected from agency subing a new agent in for old 1

Currently, the duration of a copyright for an anonymous or pseudonymous work is...

95 years from publication or 120 from creation

Mechanical royalties for songwriters and publishers are generated by...

Replication of a composition for the sale by the licensee

Which of the following is NOT normally acceptable when claiming the Fair Use Defense?

All of these are normally exempted under Fair Use

A controlled composition clause means, in part, that ...

Artist receives reduced rate on mechanicals from their songs

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Survey of Music Business: The Final Exam

97 termsStudBud Administration140 plays

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Questions 97

Answers

1
A performance is considered a public performance if it
takes place in a place open to the public
is broadcast
Red and Green
is attended only by family and close acquaintances
2
The point at which all expenses are covered and profits are recognized is called what?
Deal Point
Split Point
Profitability variable
Net Sales Report
3
Staff writer signs w/ publishing co. they can demand she exclusively writes songs for them.
True
False
4
Who is responsible for obtaining the performance license?
The record company
The artist's manager
The artist
The manager or owner of a venue
5
If a sponsored tour cancels, or is cut short, the Artist can keep all the sponsorship money.
True
False
6
In the US there is no royalty required for public performance by broadcast radio of which ©
performance recording
sound recording
performing arts
live performance
7
To register a valid copyright, there are 3 steps...
1.Deposit 2.Registration 3.Notice
1.Deposit 2. Pay a fee 3.Notice
1. Deposit 2.Registration 3. Sign
1. Pay a fee 2. Notice 3. Sign
8
Who collects the performance royalty for a sound recording?
Harry Fox Agency
Sound Exchange
Sound Scan
The PROs
9
Which of the following would be considered a derivative work?
All of the options
Disney movie clips mashed together for educational purposes
A musical based upon Green Day's Dookie Album
A remix of 'Gangnam Syle'
10
A 360 deal always means an artist gives the label a portion of every income stream they have
Yes, the artist does
No, the artist does not
11
What's the difference between Trademarks and Copyrights?
™ are for written only © are only for logos
© protect "expression of an idea" ™ indicate good or service
™ protect "expression of an idea" © indicate good or service
© are for written only, ™ are only for logos
12
Pay or play means: either they play their music (record and release) or pay the artist off.
False
True
13
If I wanted to sign an administration deal, I would try to negotiate a deal that would....
transfer all rights to the publisher & split income 50/50
Allows me to keep the rights to my catalog & share 85/15
None of these are appropriate
transfer all rights to publisher & share the royalties 85/15
14
A Managers typical commission is usually...
20-30%
10-20%
Depends
8-10%
15
The stated capacity of a venue (seats) x the cost of all seats that can be sold is called what?
Split Point
Net Potential
Gross Potential
Profitability factor
16
What organization pays © owners the royalty for the performance on non-interactive services?
Sound Exchange
None of the Above
Harry Fox Agency
One of the PROs
18
Which of the following are not affiliated with SoundExchange?
Publishers
Record Labels
Independent Recording Artists
Recording Artists
19
What do the two copyrights for a musical work, notated respectively by the © and ℗ stand for?
© - performing arts and ℗ - sound recording
℗ and © - copyright
© - creation ℗ - producing
℗ - performing arts and © - sound recording
20
What year did Congress first enact copyright law?
1790
1831
1978
1955
21
Permission to use a copyright is usually granted through....
A verbal agreement and a handshake
A controlled composition clause
The Copyright office
Either a compulsory or negotiated license
22
Spotify claims that no reproduction is made when a song is streamed therefore don't have to pay
The Artists
Mechanical License
Synchronization License
Performance Royalties
23
Does the Personal Manager charge commission on the gross income or the net income of an artist?
Gross Income
Net Income
24
What does sound scan do?
It's like Shazam
Collects digital royalties
Tracks how many records are sold in retail channels (stores)
None of these
25
The process of holding an artist's royalty monies to pay back an advance from the label is...
Recoupment
Payment
Emolument
Recovery
26
If a song is featured in a movie, the producer must acquire a sync license in addition to a
Compulsory Mechanical License
None of these
Synchronization License
Performance License
27
What does PPD stand for?
Picked Price for Distributor
Published Price to Dealer
Public Promotion Deal
Pay Piper Deal
28
The license needed for the recording of music to a CD is ....
Mechanical License
Performance License
Synchronization License
Blanket License
29
Who faces the greatest financial risk when securing talent for a concert?
Agent
Publisher
Promoter
Artist
30
Copyright does not protect ______ Instead protects _______ of _______.
thoughts, thoughts, expression
expression, ideas, expression
expression, thoughts, expression
ideas, expression, ideas
31
A keyman clause typically provides what kind of protection in a contract?
Agency & Artist both protected if artist’s manager leaves
Agency protected from band changing a member unexpectedly
None of these
Artist protected from agency subing a new agent in for old 1
32
What best describes the standard legal language found in a contract?
None of these
Boring
Typical
Boiler Plate
33
___ is the practice of bribing someone to use their influence to promote a product or interest.
Greasing the pocket
Paypal
Bribing
Payola
34
Currently, the duration of a copyright for an anonymous or pseudonymous work is...
life, plus 100 years
95 years from publication or 120 from creation
57 years
28 years
35
The ASCAP/BMI Consent decrees were granted by the DOJ in order to...
Yellow and Green
Allow these PRO's to operate as they chose
protect less powrful writers & pubs from monopoly practices
attempt to limit & anti-competitive effects of the 2 lg orgs
36
Do record labels own songs?
No
They may have a publishing arm that owns songs
Red and Blue
Of course. They sell them on iTunes and on CDs
37
A copyright attaches once a work is both created and....
Put in a shoebox
Reproduced
Thought of
Fixed in a tangible form
38
How much is the current rate for the mechanical royalty for one 3-minute song?
7.9 cents
9.1 cents
2.1 cents
1.7 cents
39
A publishing company pays a writer a weekly amount to cover their living expense This is called
Advance
None of these
Payola
Boost
40
What is one of the main sources of income for a writer?
Mechanical Royalties
Performance Royalties
None of these
Publishing Deals
41
What is a copyright in its most basic form?
Limited Duration Monopoly
Monopoly
The Law
A Protectorate
42
Which of these is a defense that may be raised in a copyright infringement case?
All the Above
Independent Creation
Fair Use
Statute of Limitations
43
Which of the following would NOT be overseen by a PRO?
Digital
Terrestrial Radio
Live Performance
TV
44
The standard term for a managing contract is____
18 months
3-5 years
6 to 8 years
None of these
45
Mechanical royalties for songwriters and publishers are generated by...
Replication of a composition for the sale by the licensee
Final Sales of recorded product in a brick&mortar store
Radio station airplay (pre-recorded performance)
Live performance of a song
46
The music business is the intersection of what two main forces...
God and John Lennon
Art and Commerce
None of the Above
Sonny Bono and George Gershwin
47
Which of the following is NOT normally acceptable when claiming the Fair Use Defense?
All of these are normally exempted under Fair Use
Parody
News Reporting
Criticism or Commentary
48
How long does the copyright created by an individual on December 1, 2001 last?
December 1, 2048
December 1, 2038
Life + 70
Life + 40
49
A controlled composition clause means, in part, that ...
The record label controls the composition
All of these are correct
Songwriter cannot earn any royalties on recordings
Artist receives reduced rate on mechanicals from their songs
50
When 2+ writers produce a song, what term is used to describe the content that is created?
Work for Hire
Co-write
Joint Work
Co-publishing Deal
51
People receive this for being in the room and contributing to the song writing process.
A 1/2 for a stack
A word for a 1/3
A sentence for a pence
A note for a boat
52
Who might the Harry Fox Agency collects royalties from?
Record Companies
Digital Performances
Broadcast Performances
Karaoke Bars
53
An artist signs an "all-in deal". That means...
Two of these
Artist contributes part of all ancillary revenues to label
The artist's royalty will be reduced by producer's royalty
The artist gives up all rights to label w/ no artist control
54
___ is a license the copyright owner has to issue.
Performance License
Synchronization License
None of these
Compulsory Mechanical License
55
Which of these is not a PRO?
SESAC
BMI
ASCAP
HFA
56
Which of these is true about performance royalties?
collected by affiliated PRO
All of these
Often controlled by a blanket license
Technically negotiable
57
Which of the following is a major record label?
Universal Music Group
Sony Music
Warner Music Group
All of these
58
If someone wants to obtain a compulsory license for a song, they must first:
Write down the lyrics
Grant a statutory rate
Give written permission
Release the song publicly
59
The majority of mechanical licenses for the US are issued by....
the Harry Fox Agency
through ASCAP
directly by the publishers
by the NMPA
60
Recorded music has lost roughly how much in total annual revenue since 1998?
75%
50%
20%
80%
61
A clause that limits management commissions after contract has expired.
Keyman Clause
Sunrise Clause
Sun Clause
Sunset Clause
62
A songwriter licenses her song for a gratis sync, will she ever receive a royalty/payment?
No
Never
Maybe
Yes
63
The first time a song is recorded/released and publicly performed it constitutes as.....
First License
None
First Play
First Use
64
___ is a term used when the collateral for one loan is also used as collateral for another loan
Payola
Power of Attorney
Cross - Collateralization
None of these
65
General range for producer points?
4-6%
3-5%
10-15%
1-3%
66
_____ gives permission for a composition to be used in time with visual images.
Synchronization License
None of these
Mechanical License
Blanket License
67
A Synchronization license fee is...
set by the federal government
totally negotiable
Blue and Yellow
cost varies depending on how the music is used and where
68
Which of these is a union/guild?
Two of these
AFM
AFV
SAG-AFTRA
69
A record label can reduce their cost of releasing an artist's album by which of the following
Asking the artist for a 3/4 rate on all controlled comps
refusing to pay the performance royalties
capping the number of songs on the record
Blue and Yellow
70
Which license is obtained from a PRO if a venue wants bands to publicly sing a PRO catalog song
Synchronization License
Single Use License
Mechanical License
Blanket License
71
What is the standard percentage a single is paid by a publisher on a mechanical royalty?
10%
25%
50%
80%
72
What is the highest grossing faction of the music industry (2018)?
Downloads
Live Concerts/Touring
Recorded Music
Vinyl
73
What is the number one money maker for composition
Direct Downloads
Physical CD sales
Mechanical License
Synchronization License
74
2 writers who share the same full publishing deal co-write how much publishing do they each get
50%
25%
33%
12.5%
75
A publishing deal that collects money & licenses songs on your behalf in foreign territories is
A Moral Rights Deal
None of these
Co-publishing Deal
A Sub-publishing Deal
76
If an artist royalty rate is 15%, you can expect that the artist's deal is..
A 360 deal
Going to give up some ancillary rights
A fair deal
a traditional record deal licensing only recordings to label
77
___ is licensed by a publisher for the use & reproduction of a song on CD's permanent downloads
Mechanical License
Transcription Right
Performance License
Print Right
79
What license would need to be obtained if a label recorded/released a song for a tv show
Performance License
Mechanical License
Electrical Transcription
Synchronization License
80
A tv station is required to keep a log of all music used during a broadcast day this is called
Cue Sheet
None of these
Call Sheet
Read Sheet
81
How often do songwriters get paid?
Every 3 months
Every 4 months
Every 6 months
Every month
82
A public performance of a work constitutes as a publication.
No
Yes
83
Mechanical royalties are...
Paid on reproduction of the song in a sound recording
Blue and Orange
An expense to record companies
Paid only on live performances
85
Which description fits a ticket sold to a concert that is held on the ground of a state fair?
Soft Ticket
Hard Ticket
86
Are you ready for the Final
No!
Absolutely NOT
Yes!
ehhhhhhhhhh
87
Which of these are apart of the 6 exclusive (bundled) rights?
All The Above
Digital Audio Transmission
Reproduce and Perform(public)
Distribute, Display (public), Derivative
88
A work for hire can be created when a work is created in a controlled environment such as...
work for hire
Employee/Employer relationship
More than one of these (which ones)
Commissioned work
89
Which of these are exceptions to fair use?
Jukeboxes
Streaming
All of these
Cable rebroadcast & PBS TV
90
The Sonny Bono Copyright Act extended the term of Copyright. What is the new term of copyright?
author's life + 20
author's life + 90
author's life + 70
author's life + 120
91
What document first established Copyright in the US?
None of the Above
Copyright Act of 1790
The Statute of Anne 1710
The Constitution
92
In terms of Performing Right Organizations (PROs), a writer...
Red and Green
can only affiliate with ASCAP if they play country music
must have the PRO collect all their performance rights
must actively associate with only ONE PRO at a time
93
Which of these departments are apart of a record company?
All of these
Marketing
Promotion
Artist and Repertoire
94
Which of the following is a PRO that is not subject to the DOJ Consent Decrees?
SESAC
BMI
NRA
ASCAP
95
__ is a collective work of literary content & music created for & performed on the living stage
Transcription Rights
Grand Rights
Print Right
Performing Rights
96
___licensed for use on syndicated radio, as piped music (muzak) or on commercial airlines
Print Rights
Transcription Rights
Synchronization Right
Performance Right
97
Mechanical royalties are paid to the owner of the _______ as a compulsory royalty.
Composition
Statutory License
Mechanical License
Copyright

Survey of Music Business: The Final Exam Flashcards | StudBud