MUS101 Unit 2

What is the main difference between a Major label & and Indie label?

Major labels: Own their own production facilities and distribution networks

Independent labels: Do not own their own production facilities and distribution networks

How much market share do these two types of labels represent?

Major labels= 66% of the industry, Independent labels= 34% of the industry.

What are some advantages & disadvantages of the major label?

Advantages:

• Well financed, can potentially ride out failures, fund elaborate recordings

• Own duplication facilities, manufacture more units cheaper, can afford excess industry

Disadvantages:

• Conservative and out of touch with consumers

• Slow to change with musical tastes

• Sales were devastated to downloads

What three things does a record label offer to a recording artist that they might not have access to on their own?

1. Capital (money)

2. Marketing

3. Distribution

What right did users that uploaded un-owned files violate?

Distribution Rights.

What right did users that downloaded un-owned files violate?

Reproduction Rights/Copy rights

What are the three factors that are multiplied to calculate royalties due?

#albums times $price times %royalties= royalties

What are some jobs opportunities at a record label?

• Artist Relations (contract negotiations)

• Creative Services (marketing campaigns)

What is the RIAA?  What does it do?

RIAA- Recording Industry Association Of America, it is the watchdog of the industry.

What is the difference between piracy, counterfeiting, and bootlegging?

Piracy: Is the sale of unauthorized duplicates

Counterfeiting: Is the manufacture of copies made to look like original

Bootlegging: Is the sale of product created from unauthorized recording of live performances or broadcast

What is a vocal contractor?

A vocal contractor hires musicians, and vocalists to be representative of the union to make sure parts of the union contract is followed- designated to be present at all recordings of an album.

What is an instrumental contractor?

Is required if 12 or more musicians are recording.

What is doubling?

Is an instrumentalist that plays one or more instruments  for a gig, are paid 20% over scale

What is the AFM Special Payments Fund?

Compensates musicians for loss of future income from using recordings instead of live musicians-money is paid out to recording musicians once per year.

What is the AFM Union Re-use agreement?

Ensures a secondary payment is paid to the recording musicians if the music is reused in another form- for example, an album tune is re-used in a television commercial.

What is “cross collateralization”?

If one record sells well, profit go to pay for previous recordings that did not sell well, recoupable.

What is Soundscan?  What does it measure versus BDS?

Soundscan: Is a computer linked to retail outlets to monitor/measure actual sales of records to consumers

What does SoundExchange measure?

Tracks non-interactive streaming so royalties can be paid directly to the artist, ex. Pandora, sirusxm radio.

What does Buzz Angle measure?

Tracks all online and streaming demand- used for the payment system to recording artist, and to song writers on streaming.

What is environmental music?

Comes to set moods for the listener.

What is the difference between background and foreground music?

Background: Creates an atmosphere, but is less noticed by the public, can put customers at ease, can control the pace of the customer.

Foreground: Designed to create an image or to convey a specific action to the customer (ex. On hold music)

What is production music?

Original music that is produced and recorded for the purpose of a sound bed (in the background when other things are happening) for other uses.

What is the difference between “source” and “score” music?

Source (non-diegetic)- Part of the plot or action in the scene, characters are aware of the music or the lyrics are underscoring the feelings of the characters.

Score (diegetic)- is underscore that is used to enhance a scene, only the viewer can hear the music.

What is a jingle house?

A jingle house is contracted by a client and a spec sheet is provided with a concept of what is wanted along with a sample of jingles of music. This gives the writer a guide from which to start.

What is sampling?

Is the use of portion of another song or sound recording for use in a new song or recording. There are two sides, PA (publishing) and SR (Master).

- you cannot sample without having prior permission to do so, though it is hard to stop people to do this.

What is a recoupable cost?

You are paying back a cost- must be paid back out of the proceeds- is like a loan per say, ex. A recording fund, anything that is marketing costs.

What is a “controlled composition clause”? What does it limit?

Limits the responsibility of the record label in needing to pay some sort of royalty. Limits mechanical royalties.

What is a “temp track”?

Is a temporary track, is an example of what someone wants for their music.

How do you obtain a license for sampling?

You have to reach out to whoever owns the sound recording and ask for one, usually the record label.

How can a composer get paid for music written specifically for a commercial?

Production Fees, Performance Royalties.

What are some of the deal points in a record deal?

Term, Exclusivity, Royalties, New technologies, advances.

What is overdubbing?

When a musician begins to play with a track that is already recored, though recording new.

How is a composer paid when music is used for commercials?

Through upfront sync fee’s.

Why would an environmental music company re-record music to be used?

To enhance their ownership, this being of master recordings.

What is a royalty artist agreement?  How long are they in place?

Is a binding (legal) agreement that comes between a musician and a licensee. They are in place during the lifetime of the musicians, with an additional 70 years.

Why are “new technologies” discussed in this agreement?(royalty artist agreement)

AI analytics, blockchain.

Why are records returnable to the label?

The label has financial control over elements such as manufacturing and distribution.

What are Billboard and BDS? How do they work?

Billboard- are most famous for making lists of songs and how they are doing (The Charts)

BDS: Monitors Airplay of various radio stations- computer listens to radio stations and can tell what songs are played-essentially doing the same thing with the charts, though doing it in a more accurate form.

What is sidelining?

Is when professional musicians are hired for entertainment purposes (ex. Tv) playing instruments to tracks that were pre recorded. Meant to imitate and make music look realistic.

Be able to identify the major cost categories of creating a recording?

Studio rental, editing time, production.

Which of these costs are recoupable to the artist and which does the label bear?

Costs borne by the artist- Recording, Promotion, Advances for tour support, living expenses

Costs borne by the label: Artist royalty, Mechanical Royalty, Manufacturing, Distribution, Administration

What was the final verdict of the Supreme Court regarding file sharing sites?

That they would be held responsible for copyright infringement .