SURVEY of the MUSIC BUSINESS

Review for Exam 2

• A performance is consider a public performance if it

• a. takes place in a place open to the public• b. is attended only by family and close

acquaintances• c. is broadcasted• d. a and c• e. all of the above are public performances

A synchronization license fee a. is set by the federal government b. is totally negotiable c. varies depending on the use of the musicd. more than one of the above is true of synch licenses

Permission to use a copyright is usually granted througha. A controlled composition clauseb. Copyright office of the United States of

Americac. A licensed. A verbal agreement and a handshake

What kind of license is obtained from the PROs if a venue wants to allow performers to publicly perform any song in the PRO’s catalog? a. Mechanical licensesb. Blanket performance licensec. Synchronization licensed. Single Use license

The entity most often held responsible by the PROs for obtaining a performance license isa. the artist(s)b. the artist's managerc. the venue managerd. the road manager

The current statutory mechanical royalty rate isa. Fixed for eternityb. $0.091 or $0.0175/minute, whichever is greaterc. $0.02d. $0.091

The _____________ exempts a publisher from having to license a song at the statutory rate if it is the first time it has been licensed for recordinga. Mechanical licenseb. Doctrine of first usec. Library of Congressd. “right to rent”

Cross-collateralization is a method fora. recoupment of advancesb. joint record-publisher dealsc. reversiond. none of the above

If a writer or an artist is given an advance, the publisher or label will usually

a. Recoup the advance before paying royaltiesb. Pay a reduced royalty until they get the advance backc. Forgive the “loan” if they are successful

The license required to use a recording with an audio-visual work is aa. Mechanical licenseb. Master licensec. Synchronization licensed. None. A license is not required to add a recording to an audio-visual work

Which of the PROs typically takes about 15% of the licensing fees to pay for administration and overhead?

a. ASCAPb. BMIc. SESACd. ASCAP and BMIe. Harry Fox Association

The largest source of performance royalty revenue (payments) is

a. radiob. live performancesc. televisiond. sales of prerecorded CDs

To issue mechanical licenses, most music publishers usea. ASCAPb. The AF of Mc. A direct licensed. The Harry Fox Agencye. AFTRA/SAG

Music publishers and songwriters usually have performance royalties collected by:a. RIAA and NARM b. RCA and CBS c. ASCAP, BMI, or SESACd. The Harry Fox Agency

Mechanical royalties for songwriters and publishers are generated by:a. Radio station airplay (pre-recorded performances)b. Sales of recorded product (CDs, vinyl and downloads)c. Live performances of a song d. The use of a song in the production of a film e. None of the above generates mechanical royalties.

In the United States, song performance royalties are paid to: a. Songwriters and music publishers b. Musicians for a live TV broadcast c. Recording artists for radio station airplayd. Recording artists for live performances in a concerte. All of the above

The license issued by a PRO that authorizes the use of all the songs in their repertory for public performance is a a. Performance licenseb. Blanket licensec. Per use License d. None of the above

The oldest of the three major U.S. PROs is a. ASCAPb. BMI c. SESAC

For a television network or station to broadcast music they must have a _____ license a. public performance b. mechanical c. compulsory d. synchronization

The license needed to use a song in the soundtrack of a movie is

a. performance b. mechanical c. compulsory d. synchronization

The license needed for recording a song on a CD is

a. performance b. mechanical c. compulsory d. synchronization

When money is received by the publisher from the Harry Fox Agency for the sales of recordings (mechanical royalties), what percentage of that money is the songwriter entitled to in a standard writer/publisher agreement? a. 100% b. 75% c. 50% d. 0%

When money is received by the publisher from a PRO for the airplay of recordings (performance royalties), what percentage of that money is the songwriter entitled to in a standard writer/publisher agreement? a. 100% b. 75% c. 50% d. 0%

A song has earned $100,000 in mechanical royalties. Assuming no HFA fees, how much would the songwriter receive? a. $100,000 b. $75,000 c. $50,000 d. $44,500 e. $0.00

A song has earned $100,000 in mechanical royalties. Assuming no HFA fees, how much would the record company receive? a. $100,000 b. $75,000 c. $50,000 d. $44,500 e. $0.00

The Harry Fox Agency does not collect monies from a. broadcast performances b. “mechanicals” owedc. synchronization licenses d. recording companies e. more than one above

Which of the following would most likely be considered a public performance by the PROs?a. A band practicing in a garageb. Sorority sisters singing around the house pianoc. A rebroadcast of “the Apprentice” on MSNBCd. A student writing songs in their dorm lobby

Royalties for digital music services and satellite radio are collected bya. ASCAPb. BMIc. SESACd. Sound Exchangee. All of the above

Which of the following license rates is “totally negotiable”?a. Mechanicalb. Performancec. Synchronizationd. All of the licenses are totally negotiable

Of the three PROs, which is the only one that has members?a. ASCAPb. BMIc. SESAC

The organization formed in 1998 to help churches comply with the requirements of the copyright law isa. The American Society of Composers, Authors

and Publishersb. Broadcast Music, Inc.c. CCLI – Christian Copyright Licensing

Internationald. SESAC e. All of the above exist to help churches

comply with the copyright laws.

True (A) False (B): The grant of the right to reproduce the copyright in a phonorecord also includes the implied right to create a derivative work.

A controlled composition clause a. reduces the mechanical royalties paid to the publisher and writer b. fixes the mechanical royalty rate at a percentage of the current mechanical royalty rate and that rate does not escalate like normal mechanical royalty rates c. is part of an artist’s contract with the publishing company d. a and b above e. all of the above

When a musician samples another artist’s recording without permission, they have violateda. the song’s writer and publisher’s copyrightsb. the recording artists’ and record label’s

copyrightsc. both a and bd. no copyright laws if the sample is short

True (A) or False (B): An Electronic Transcription License like those used by Muzak background music services include the right to reproduce the copyrighted work in phonorecords and sell those phonorecords to the public.

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