Music Business' Test Last One

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1. What is music synchronization?- When songs are used in different forms of media, licensing music with a moving image.

   1. 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of the two copyrights?- 50-50% between the master owner (usually the label) and the copyright owner (the publisher or unpublished songwriter).
   2. If an artist covers a song, do they have the right to sync license the cover to a TV advertisement?- they do not.
   3. 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.
   4. T or F synch licenses to TV advertisements are always for eternity and for the whole universe?- False.
   5. T or F synch licenses to TV major motion picture are always for eternity and for the whole universe?- True.
   6. What is a producer point?- A royalty the percentage that they will be paid, 1% of PPD, publish price to deal
   7. Do producers usually get points?- No producers usually get points once they are famous and they have enough clout to negotiate points
   8. First producer to ever negotiate a point- Snuff Garrett
   9. DO mixer engineers receive points?- Nah, but in rare cases a famous one might get 0.5 to 1 point

2. A&R Executive who do they work for?- The label to find sign and guide talent

3. Record producer is responsible for?- bringing the creative product into tangible form, administration of anything music

4. Do remixers get paid royalties on record sales?- No remixers get usually get paid a flat fee

5. How does a record producer traditionally get paid?- They get paid from the artist advance

6. 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

7. 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?- They can, but label is not under the obligation to keep releasing the music from the remaining members

8. 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)

   1. Look for the exact name as well as similar names and common misspellings
   2. THEN file paper work to register your trademark vis uSPTO
   3. Ownership needs to be determined before you register
   4. Identifying Goods/Services
   5. Goods- products CDs, T-shirts, etc.
   6. Services- activities performed for the benefits of others, what services, etc.

9. 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.

10. What is a COPYRIGHT?- Protects creative works.

    1. Song has two copyrights

       1. Audio recording (recording)
       2. Lyrics and composition (publisher)

11. 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.

12. What is generally included in an inter-band agreement?- Define the business, what type of legal business structure will the band adopt in the eyes of the law, i.e. partnership corporation.

    1. Inter-band agreement
    2. Legal document that stipulates the ownership of the “Band”

13. Inter-band agreements?

    1. Band formation the founding members

    2. Percentage ownership

       1. Equal partners

          1. Every member same share no matter what

       2. Un equal partners

          1. If one or two are the main songwriters, or new band members added

       3. One or two members in control and others are hired

          1. Salaries and or percent profits

14. 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.

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

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

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

    3. Conflict of interest- restrictions such as using the bands name, performing bands songs, etc

15. What is a Key Member Clause?

    1. Breach of contract by one member us considered bread of contract by ALL members
    2. 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

16. What are label rights to leaving members?

    1. If a member leaves, label has option to get his or her services as solo artist or member of new band,
    2. Label has option to keep the remaining members of a group
    3. Label has option to terminate the remaining members of the group

17. What is the diffusion of innovation?

    1. Innovators
    2. Early adapters
    3. Tipping point
    4. Early Majority
    5. Late Majority
    6. Laggard

18. Diffusion of Innovation in Hip-hop? DJ Kool Herc, Afrika Bambaataa, and Grandmaster Flash

19. Who created the theory for the adoption of innovations amongst organizations?- Everett Rodgers

20. First stage for a band?- Create, make a compelling product and distribute music

21. Second stage of a band?- Grow, developing brand with more events

22. Third stage of a brand?- Develop, say thanks and build your fanbase

23. 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

24. Tips for musicians? Covers, responding to trends, share unreleased demos, duet & collabs, and replying to comments

25. What is a Performing Rights Organization responsible for?- Anything that is publicly broadcast or performed, licensing fees from media and business places

26. What percentage does a PRO account for in a songwriter’s annual income?- 30%

27. Publisher’s are responsible for?- 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

28. Secondary income for Sheet music? 20 percent of marked retail price, lasts 3-5 years for licenses

29. Secondary income for Folio?- Mixed and Matching Folios 10-15%, Personality adds 5% going to recording artist.

30. Secondary income for Instructional Music “How to…Books”?- 10% of Marked Retail Price

31. 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

32. Secondary income for Lyrics Website- 50 percent of advertising revenue, non exclusive term

33. Secondary income for E-Card- 10-15 cents per unit, or 5-8 percent of retail price

34. Secondary Income for Downloadable Sheet Music?- 50 percent of the income

35. Fee range for major studio using your music- 15k-100k

36. 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

37. 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)

38. Fees for TV- 1,000$ to 50,000$. Out of Context for promotions is usually 1,500 to 5,000 per week of use

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