Music Business' Last Exam

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45 Terms

1
What is music synchronization?
When songs are used in different forms of media, licensing music with a moving image
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2
When song is licensed to a movie, how is the money split between the owners of the two copyrights?
50-50% between the master owner (usually the label) and the copyright owner (the publisher or unpublished songwriter).
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3
If an artist covers a song, do they have the right to sync license the cover to a TV advertisement?
they do not.
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4
T OR F: AN EXAMPLE of an in context usage of a song in a film would be when a song is in a movie trailer over multiple scene from the movie
THIS IS FALSE, MULTIPLE SCENES ARE considered out of context.

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5
T or F synch licenses to TV major motion picture are always for eternity and for the whole universe?
true
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6
What is a producer point?-
A royalty the percentage that they will be paid, 1% of PPD, publish price to deal
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7
Do producers usually get points?-
No producers usually get points once they are famous and they have enough clout to negotiate points

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8
First producer to ever negotiate a point

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\- Snuff Garrett
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9
DO mixer engineers receive points?-
Nah, but in rare cases a famous one might get 0.5 to 1 point

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10
A&R Executive who do they work for?-
The label to find sign and guide talent
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11
Record producer is responsible for?
\- bringing the creative product into tangible form, administration of anything music
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12
Do remixers get paid royalties on record sales?
\- No remixers get usually get paid a flat fee
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13
How does a record producer traditionally get paid?-
They get paid from the artist advance
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14
What happens if a band member wants to leave the band while signed to a major record label?
They will gradually get less, they can sign this artist as a solo act/artist
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15
If a few band members leave the group when signed to a major level, can the signer keep going under the same band name and the same record deal?

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They can, but label is not under the obligation to keep releasing the music from the remaining members
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16
How do you go about securing the ownership of a band name
check on google and social networks, check industry directories on poll star billboard talent directory, search the USPTO (United States Patent and Trademark Office)
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17
What is intellectual property?
\- Givers musicians and artists control over their artistic works, as well as their name and brand, have to go thru the legal process to ensure it is protected.
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18
What is a COPYRIGHT?- Protects creative works.
Song has two copyrights

\-Audio recording (recording)

\-Lyrics and composition (publisher)
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19
What is a trademark?
It protects sound words and phrases, symbol registered by use a representing a company or product. Naming rights and good will in the brand.
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20
What is generally included in an inter-band agreement?-

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Define the business, what type of legal business structure will the band adopt in the eyes of the law, i.e. partnership corporation.

Inter-band agreement

Legal document that stipulates the ownership of the “Band”
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21
Inter-band agreements?
Equal partners

\-Every member same share no matter what

Un equal partners

\-one or two are the main songwriters, or new band members added

One or two members in control and others are hired

\-Salaries and or percent profits
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22
What is a leaving member “buy-out”?
When member is paid by the band for their share back, stipulated in the inter-band agreement and normally looks at.

Price- buyout would be equal to the leaving partners percent of all “hard assets” owned by the partnership

Hard assets- tangibles such as equipment, monies earned, etc

Contingent payout- to the leaving member would continue getting percent from activities of the partnership for which they participated

Conflict of interest- restrictions such as using the bands name, performing bands songs, etc
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23
What is a Key Member Clause?
Breach of contract by one member us considered bread of contract by ALL members

Certain individuals as designated as key members, so if a key member breachers the contract the label can stipulate that the whole group has. But is not a key member then it can’t
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24
What are label rights to leaving members?

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If a member leaves, label has option to get his or her services as solo artist or member of new band,

Label has option to keep the remaining members of a group

Label has option to terminate the remaining members of the group
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25
What is the diffusion of innovation?
Innovators

Early adapters

Tipping point

Early Majority

Late Majority

Laggard
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26
Diffusion of Innovation in Hip-hop?
DJ Kool Herc, Afrika Bambaataa, and Grandmaster Flash
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27
Who created the theory for the adoption of innovations amongst organizations?

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\- Everett Rodgers
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28
First stage for a band?-

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Create, make a compelling product and distribute music
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29
Second stage of a band?
Grow, developing brand with more events
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30
Third stage of a brand?-
Develop, say thanks and build your fanbase
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31
Ways to lose your fans?-
Taking your fans for granted, stop talking to your fans, stop listening to your fans, nitpicking how they listen to your music, and killing all the fun
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32
Tips for musicians?
Covers, responding to trends, share unreleased demos, duet & collabs, and replying to comments
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33
What is a Performing Rights Organization responsible for?
\- Anything that is publicly broadcast or performed, licensing fees from media and business places
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34
What percentage does a PRO account for in a songwriter’s annual income?

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\- 30%
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35
Publisher’s are responsible for?-

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for exploiting the copyrights of its songwriters/composers, takes care of all licenses on behalf of the songwriter, ensures the songwriter receives payment when their compositions are used, and making sure you signed to mechanical society, harry fox
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36
Secondary income for Sheet music?
20 percent of marked retail price, lasts 3-5 years for licenses
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37
Secondary income for Folio?-
Mixed and Matching Folios 10-15%, Personality adds 5% going to recording artist.
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38
Secondary income for Instructional Music “How to…Books”?-
10% of Marked Retail Price
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39
Secondary Income of Reprint of Lyrics, Books, Magazines, Greeting Cards?-
Books will be 1 cent per unit for snippet of lyrics, most other printed items is 6%-8% of wholesale price

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40
Secondary income for Lyrics Website-
50 percent of advertising revenue, non exclusive term
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41
Secondary income for Lyrics Website-
50 percent of advertising revenue, non exclusive term
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42
Secondary Income for Downloadable Sheet Music?
\- 50 percent of the income
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43
Fee range for major studio using your music-
15k-100k
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44
In context vs Out-of-Context use for synchronization-
in context is when a song is used exactly like it is in the trailer, out of context is when the trailer shows a different edit, but in the film it is used differently
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45
Fee range for Indie Films?-
2,500 thru 7,500 thousand, in payments, and restrict rights where it can be played (like home versus theatre)
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