FINAL MENT

T/F
● "Payola" was originally legal T
● A “Big Box retailer like Wal-Mart operates a huge chain of stores offering discounted
merchandise. T
● A compulsory license allows a record company to pay a reduced mechanical fee. F
● A drop in price of recording equipment has been a good thing for music retailers. T
● A large national booking agent normally takes commissions of 10% to 15% of the gross
income from work generated by the agency. T
● A large recording budget can be detrimental to a recording artist T
● A record producer hopes to be paid from “record one.” T
● A reversion clause allows a songwriter to get back songs under certain conditions. T
● A single song agreement allows for uncut songs to revert to the songwriter after term T
● AFTRA and the AFM represent the interests of singers and musicians respectively T
● AFTRA has different scale for singers based on the singer’s level/type of performance. T
● An artist may work with an agency on a nonexclusive basis T
● An audit clause gives a songwriter the right to ascertain the accuracy of his/her royalty
statement. T
● ASCAP is owned and run by songwriters and music publishers T
● ASCAP is the American Society of Composers, Authors, and Publishers T
● Attorneys have multiple ways to charge a client T
● Booking agents feel they serve two clients: the artist and the talent buyer T
● Booking agents help artist secure their backing musicians F
● Co-publishing is when two or more parties share copyright ownership T
● Companies that are signatory to the AFM agreements have agreed to only use union
musicians T
● Concert promotion is a low risk occupation. F
● Copyright protection is secured upon creation when a work is fixed in a tangible form T
● Digitial technology is the “norm” in the recording industry. T
● Duration of copyright under current law is life of author or 70 years, whichever is
longer F
● Duration of copyright under current law is life of the author plus 70 years T
● Giving a recoupable advance to a songwriter is like an unsecured, no interest loan. T
● Historically, the domestic PRO's have collected more than 2 billion dollars annually T
● In a 360 record deal artist are asked to let the record company participate in concert and
merchandise revenue T
● In California, artist managers can legally secure concert appearances for their artists F
● In concert promotion, “papering the house” means making sure the bathroom
facilities are well supplied. F
● In its origin, ASCAP was elitist. T
● In the standard recording contract, audit rights are granted to the artist T
● Initiation, yearly and work dues fund the Musicians Union's operations T
● License fees for music used in Broadway shows is usually based on a percentage of ticket
sales T
● Minstrel performers were often White people appearing in Blackface T
● Music print companies usually sell direct to school and churches. T
● On a union recording session the drummer is the highest paid F
● On a union recording session, singers and musicians are paid according to
predetermined scales T
● One cannot copyright a song title T
● One gains superior protection when one registers a song with the copyright office T
● Performance royalties and mechanical income are the greatest sources of income for
most music publishers. T
● Personal managers do not involve themselves w/ the personal problems of their client
F
● Player pianos were one of the first mechanical music playing devices T
● PRO's act as agents representing songwriters and music publishers for the purpose of
performance rights licensing T
● Production designers are responsible for the visual aspects of concert staging T
● Record companies, when signatory to the musicians union agreements, often contribute
to funds that improve the musicians well being and security T
● Singers who aspire to a career in the recording industry should join AFTRA T
● Singers working under an AFTRA contract get paid according to the amount of notes
they sing F
● Songwriters must assign their songs to a publisher to be successful. F
● Tennessee is a right to work state T
● The Aeolian company manufactured player pianos T
● The amount of a synchronization license fee is determined by statue F
● The arranger of a public domain song can claim a 50% ownership in the newly arranged
song T
● The artist singing the song on a radio performance earns the most in performance
royalties F
● The CEO of a music publishing company should be able to oversee an acquisition T
● The creative department of a music publishing company is responsible for collecting
royalties F
● The current statutory mechanical rate is $0.0755 F
● The duration (term) of a songwritings contract is determined federal law. F
● The Harry Fox agency is into wildlife preservation F
● The leader on an AFM session makes at least double scale. T
● The licensing department of a music publishing company is responsible for negotiating
rates T
● The music publisher may belong to both ASCAP and BMI, but a writer can only be a
member of one at a time. T
● The only way a singer can be successful is to sign with a major record label F
● The Sonny Bono amendment provided for copyright term extension. T
● The standard range of an artist managers commission is 5%-9% F
 ● The term "One Record Firm" means the record company is required to record and
release at least one album T
● The third revision to the Copyright Act (1909) was important because it defined a
mechanical use for the first time T
● There is a shortage of qualified entertainment attorneys T
● Tin Pan Alley is located in New York T
● Union musicians can be fined for working with non-union musicians T
● Union musicians can earn a pension. T
● Union musicians get paid a higher scale when they work on Sundays T
NEW T/F
● RIAA – recording institute of America, trade group that represents the recording
industry, main thing that they do other than sue counterfeiters is to certify gold and
platinum record sales
● Naras – national academy of recording arts and sciences – put on the grammy’s every
year, the organization that sends out the ballots – MUST BE A VOTING MEMBER TO VOTE
FOR A GRAMMY, only American award show that can say that only professionals vote on
it – no fan element
o Does not run rock & roll hall of fame
● Recognize of goffin and king, Recognize phil spectors name
● Split point: point of cumulative revenue at which the artist and the promoter divide net
income from a concert. Usually 15% promoter – 85% artist
● Know what decade stereo recording came into play 1950s
● Merchandise sales – figure out how much artist gets, agreement between artist and
merch company

Multiple Choice Questions from Quiz 1

1. Every exclusive songwriting agreement will include which of the following provisions?
a. List of rights granted to publisher
b. Term of agreement
c. Song delivery requirement
d. All of the above
e. None of the above

2. A synchronization license is required when a song is used in:

a. Music video
b. TV show
c. Motion picture
d. TV commercial
e. All of the above

3. Which of the following does U.S. Copyright Law not protect?

a. Ideas

4. Music Publishers generally pay songwriters what percentage of the net income?
 a. 50%

5. Which of the following are functions of the royalty department in a music publishing
company?
a. Check the accuracy of incoming statements
b. Credit the income to the correct songs
c. Pay the royalties
d. All the above
e. None of the above

Midterm Short Answer

56. List the 5 exclusive rights you receive when one registers and holds the copyright in a song
● Distribute
● Copy
● Publicly Perform
● Display
● Digital Transmission
● Derivative Works

57. List 5 criteria needed to obtain a compulsory license

● Song must have been previously recorded and distributed
● must notify publisher in advance
● notification must include your artist name, label name, release date, and all pertinent
addresses
● make no dramatic changes
● formal record only (mechanical license – doesn’t translate into anything else)
● must pay full statutory rate
● must account monthly and yearly

58. List 5 Provisions of the 1976 copyright act

● pre-empts all other copyrights
● life of author + 50 years
● codified “fair use”
● defined performance royalties
● broadcasters, colleges, jukeboxes need to pay for copyrighted music

59. List 5 factors that can influence amount of the licensing fee for a synchronization license
● length of use
● notoriety of the song
● notoriety of artist who sings it
● clout of writer
● clout of publisher
● background use or visual/vocal use
60. List 5 responsibilities of a road manager
● check box office receipts
● hire tour accountants
● security for artist
● moving people/equipment
● meals/hotel/lodging

61. Explain the term “recoupable” and give two examples of expenditures made by a record
company or a publishing company that are likely to be considered recoupable.
● Advance against future royalties. If you don’t earn any future royalties, you don’t have to
pay anything back. Examples could be demo cost to writer advances, artist advances,
recording costs, tour support – anything company pays for for writer/artist

62. List 5 attributes or skill sets of a successful artist manager

● Loyal
● Perceptive
● Hardworking
● Connected
● cooperative

63. Define a “Sunset Clause” in a management contract

● Relationship between artist and manager after contract terminates. Specifically, financial
relationship as to how the manager is going to continue to earn commissions on work
that the manager did during the term of the agreement, usually on a diminishing scale.

64. Define “Fair Use”

● When an artist is using someone else’s work. It is a copyright term and involves the use
of copyrights for songs. This use does not require a license, permission, or fee.

65. Define a “Key Man” Clause

● Between an artist and a person identified by the artist, could be a
manager/publisher/AR person. This person has a clause in their contract that they can
get out of their contract without penalty if that key man is no longer employed by the
company that the artist is signed with.

66. Define a “Work for Hire”

● Employment agreement that must be in writing that stipulates that anything that the
employee writes becomes the property of the employer. Writer may get future writer
royalties but they have no ownership or control over the song.

67. Explain what a “Re-Use” or “New Use” fee is and to whom it benefits
● Only benefits the musicians, the union musicians who played on the original recording.
The re-use is a new use of a recording with a new format (put it into movie, commercial,
compilation). As soon as it is used in another format, you have to pay the musicians a
 reuse fee.

68. In music copyright language, define “first Use”

● First use: first use of a song, which can be denied. After you can get a compulsory
license. You can charge more than statutory amount.

69. Define “Controlled Composition”

● Parties are between artist and a record company and it is when the artist is a songwriter
and the record company is saying that they may record any song they write or control,
but if they do they will only pay them ¾ of the statutory rate.

70. List 5 benefits of AFM or AFTRA membership

● health plan
● pension
● predetermined plans
● collective bargaining
● vet booking agents
● credit unions
● get paid overtime on weekends

71. List and describe the 5 audio stages of the recording process
● Pre-production (stuff that happens before recording like budget and rehearsal)
● basics and tracking (basic elements of music that go into the song)
● overdubbing (adding tracks/instruments/vocals)
● mixing (deciding instrument levels and tonal qualities)
● mastering (final edits to the song to create the final product)
● delivery (marketing, advertising, promotion of artist/record)

New Short Answer

72. 5 Elements of a technical rider (addendum to performance contract specifying requirements

for staging, equipment, etc.)
● travel arrangements
● hotels
● food and beverage catering
● technical needs, such as band gear, sound, lights
● size and number of dressing rooms
● Technical rider – requirements for the act
o Sound
o Lights
o Load-in
o Load-out

● Hospitality rider – requirements for the Artist

 o What drinks for artist
o Dressing room
o Clean towels
o Meals

73. Identify 5 of the songwriting teams

● Brill Building Writers
o Pomus-Shuman
o Goffin-King (Carol King)
o Bacharach-David (Dionne Warwick)
o Lieber-Stoller
o Mann-Weil
o Phil Spector
o Barry Gordy (Motown)
o Joe Meer
o George Martin
● Lennon-McCartney
● Holland-Dosier-Holland
● Ashford-Simpson
● Jagger-Richard
● Boyce-Hart

74. Categories of things that changed (back of midterm)

● Pop music (who was writing) – 50s sun records, 60s brill building, 64 beatles/dylan,
bbyoys british invasion, 70s bands singer/songwriter
● demographic/consumer – 50s adults, 60s teens, 64 older teens, 70s young adults
● social/political setting – 50s post war, 60s economic boom, 65 vietnam/civil unrest
● recording technology – 50s stereo, 60 3tk, 64 4tk, 8tk, 67 16tk, 70s 32 trk
● music product (# tracks) – 50s 78-33 1/3, 60s 45’s, 70s LP (33 1/3)
● Radio format (AM/FM) – 50s AM, 60s AM top 40, 70s FM
● record CDs – 60s Indies, 70s majors CBS, RCA, Capitol, Columbia

75. 5 Fixed costs of concert promotion

● Advertising
● Rent
● Sound/Lights
● Stagehands
● Security
● Insurance
● Catering

76. Venue types and seating capacities

● Amphitheaters – 5,000-30,000
● Stadium – 30,000+
 ● Arena – 5,000-20,000
● Concert Hall – 5000
● Festival Site – 10,000-120,000
● Theater – 1000-6000
● Clubs – less than 1000

77. 5 things producers and artists consider before committing to recording studio
● Cost – how much the act can spend to make its record
● Will the act be comfortable: big city, town, bars, access to airport
● Available equipment
● Downtime entertainment
● EQ and timbre
● Digital vs. analog production
● Level of service
● Staffing
● Range of equipment
● Intangibles – vibe
● Acoustics and other sound qualities of the space

78. 5 Types of licenses and what do they allow you to do

● Mechanical License – legal permission given by copyright owner to make a commercial
recording of copyrighted music
● Compulsory License – After first licensing, must license any other person to produce and
distribute in exchange for fixed statutory royalty
● Synchronization License – right to synchronize composition in timed relation with visual
imaged on film/ tape (commercials, movies)
● Statutory License – license to broadcast digital music and audio over the internet
● Performance License – permission granted by copyright owner for public performance of
copyrighted music in exchange for fee

79. What was the key element/phenomenon that led to demise of brill-building assembly line
– what happened
● The demise of the brill-building came about because the artists that became popular
in the 1960s (and later) were singer songwriters and no longer needed a third party to
be responsible for writing songs. Singer/songwriters are more attractive to record
companies because they don’t have to pay anyone else for their lyrics if the artist
writes their own songs. This is the case with people like The Beatles
(Lennon-McCartney) and Bob Dylan. There was no longer as much of a need for
writers.

Other Things to know:

1. Describe what a 360 record deal is?
a. Business relationship between artist and a music industry company
 b. Company provides financial support for artist for marketing, promotion, and
touring, and artist agrees to give the company a percentage of their income
c. Used because in new age of music, musicians income comes from areas other
than recorded music – companies trying to get a bigger piece of the pie
2. Considerations when booking a tour/act – headliner
a. How much the artist will pay the booking agent
b. Available dates
c. Possible venues
d. Venue potential
e. Contract provisions
f. Marketing
g. Ticketing
3. What is a “PRO” and what do they do
a. Performance Rights organization
b. They are established to protect the rights of the publishers songwriters, etc…
4. Show the formula used to determine the amount of royalty income earned when a CD
sell one million copies. Of this total, what percentage goes to the publisher and what
percentage goes to the publisher and what percentage goes to the songwriter?
a. mechanical rate X 1,000,000 CDs = $0.091 X 1,000,000 = 91,000.
b. 50% to publisher and 50% to songwriter
5. List five sources of revenue for songwriters and music publishers
a. Mechanical royalties
b. Performance royalties
c. Licensing of music to other mediums
d. Foreign income – subpublishing
e. Special agreements/license
6. List five terms of a single song agreement
a. Song can be co-authored
b. Non exclusive – can have more than 1
c. Agreement lasts only 1 song
d. Song is owned by publisher
e. Rates of compensation must be negotiated
7. List five factors that can influence the amount of synchronization license
a. Movie budget
b. Music budget
c. How song is used
d. How much of song is used
e. Where song is used
f. Trailer
g. If used in live performance
8. List five functions of a “FULL SERVICE” music publishing company
a. Distribution
b. Promotion
c. Sub publishing – different countries
 d. Negotiate rates
e. Sign an artist
f. Publish music
9. Any ticket that is not sold is Deadwood
● Papering the house is when they buy a lot of the unsold tickets to make it seem
like they had higher capacity
o Give away those tickets
o Makes the experience better for the audience
o Usually done after they have reached breakeven point