Muin 370 final
“Most Favored Nations” clause
Music and dance favored show. Composition and master paid at the same rate
EX: The Voice, less than one min a percent price, more than one min a certain price. Every song is paid the same amount based on length regardless of category
Cue Sheets
Lists all songs that are used, the timing, and how each song was used, what scene, as well as the writer, publisher, and PRO affiliation
Dramatic versus Music Centric TV show Synch License: Main Differences
Dramatic - if you license to a show like CSI there is a life of copyright license, lifetime, worldwide fee
Music Centric - limited territory, like US and Canada, lesser duration (not life of copyright), lesser fee
“Out of Context Use” versus “In Context Use”
Out of Context: Song is outsourced and not in a motion picture, but is used in the promo as an additional use (additional fee)
In Context: Song in a motion picture and it is used in the promo as the scene (no extra fee)
Video Game Royalty Formulas
Console - gods of war or grand theft auto (non music centric games) one time sync fee
Music centric- get an advance, per unit formula, escalation can also be in place
Production Music
Pre-cleared/Pre-recorded music for use in tv/film/video game. All rights included in the package, known as library music. Usually a blanket or per-use license.
Meaning of “Author” in Broadway Musical Contracts
The author is the composer, lyricist, and book writer combined.
Advertising “Product Exclusivity” versus “All Advertising Exclusivity”
Product- limit ability to license song in same or similar category. (the norm)
Total - ask publisher to take song totally off market, can't license to any other commercial product but can for motion picture or television
Financial and Legal Due Diligence in a Copyright Sale
Investigation to satisfy legal requirements. When selling/buying a catalogue of songs, due diligence is the time the buyer is allowed to determine the catalouge’s value.
Average Annual “NPS”
Total NPS/# Years. Used for catalogue evaluation. After determining average NPS, use multiple based on how many years they will benefit from acquisition.
SoundExchange Sources of Income
non interactive streaming royalties primarily siriusXM / satellite radio, webcasting, service (pandora) Audio only cable channels
NDA
Non disclosure agreement. This means that you cannot give any information to anyone except in house or an outside law firm