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What is the role of ASCAP, BMI and SESAC?
Collect performance royalties; provide licensing to TV and radio
What is the role of a record company?
To distribute recordings by signed artists
What does Harry Fox Agency do?
Provide licensing services for songs on recordings and downloads
What is the primary role of a music publisher?
To secure commerically released recordings of songs under its control
Why is it necessary for demo recordings to be made of a writer’s new compositions? Who pays for these?
- To secure commitments.
What are the various departments within a music publishing company? And what is the role/function?
- Business and Legal Affairs
What is an individual song agreement? In this type of agreement what are the rights granted to a music publisher?
- Writer transfers copyright of a single or selected number of songs to a publisher.
- Represent and License
What is a co-publishing agreement?
Songwriter co-owns and gets partial publishing earnings plus songriter's share
What is an administration agreement?
Publisher receives right to administer for specified period of time
What is a foreign subpublishing agreement?
Publisher receives right to administer song(s) for specified period of time and songwriter is from another country
Exclusive Songwriter’s Contract
Everything written during contract duration is property of publisher
Important Provisions of Songwriter/Publisher Contracts: List them and be prepared to discuss what each provides for.
- Sale of the muical composition
- Return of songs to the writer
- Rights granted to the publisher
What are the three performing rights organizations
that license radio and television stations and collect monies for performances of a writer’s songs?
The ____________ Agency provides licensing services for songs used on recordings or as downloads.
What is the role of the Creative Department within a music publisher?
Listen to new material; Suggest and promote writers
This department is responsible for negotiating,drafting and approving all contractual agreements entered into by the company.
Business and Legal Affairs
Name the five rights granted to the music publisher in an individual song and exclusive agreement
- Represent and License
What are the two basic typed of contracts that a writer signs with a music publisher?
Explain “subfloor advance"
Ensures writer will receive a reasonable advance for the next year and protest the writer from having the advance reduced to a minimal amount due to large unrecouped advances.
What is a development deal?
Publisher develops writer into a recording artist and secures ownership of all songs produced.
What are mechanical royalties?
What is the current statutory mechanical rate and when does it expire?
- 9.1 cents
- December 31, 2012
Why is Broadway Musicals one of the most lucrative
markets for a song use?
Endless amounts of revenue stream - touring, soundtrack sales, licensing to colleges, community theaters, etc.
What is the current royalty rate for the creation and use of a ringtone?
How are royalties calculated for a single release containing a medley of prior hits?
What is DPD and what is the royalty rate for these?
- Digital Permanent Download
- 9.1 cents/ 1.75 cents for 5:00 minutes+
How does a writer qualify for a co-publishing agreement?
- Successful songs
- Signed recording artist
- Potential of becoming a signed recording artist
What are the terms for a 75/25 split of a co-publishing agreement? Give an example.
Writer gets 50% of all income + 25% of publisher's 50%
4 variations as to when an option period has to be exercised in an album-based agreement.
- Delivery of the album
- A number fod ays prior to release
- Release of the album
- Exercise based on the delivery or release dates of the prior album
What happens with the agreement if the Publisher decides not to exercise the Album Option?
Writer has the right to make a deal with another publisher, because current agreement will be considered expired
Who owns the songs once the contract has ended under a co-publishing agreement?
Remain jointly owned by the writer and the publisher for the life of copyright
How are demo recordings handled? Who pays?
Publisher - 50 - 100% recoupable from royalties due to songwriter
What does “reversion clause” refer to? Be familiar with the different scenarios.
Compositions re-assigned to songwriter
What are the advantages and disadvantages of signing a “deal
- Relationship commences immediately
- Money freed for writer to get all finances in order
May run into disagreement during negotiation of long form, so may never sign
What in an Administration Publishing Agreement, and what is
the main advantage over the Co-Publishing Agreement?
Publisher handles everyday administrative duties involved in protecting and promoting songs
Songwriter maintains full copyright ownership of all songs that he/she owns
What are some of the advantages of having a Co-Venture or
Joint Venture agreement?
Songwriter/artist/producer/record company has administrative support and a source of financing to accomplish what they may have not been able to on their own.
Publisher has an additional A&R source.
What are the options known as “puts” and “calls?”
Put: entitles party exercising option to force other party to buy its remaining interest at a specified price.
Call: one party requests the other party to sell its share back to the party exercising the call
Copyright law for musical compositions was first established
in what year?
What are the four basic types of copyrightable works in the
- Musical works
- Dramatic works
- Motion pictures
- Song recordings
What are the exclusive rights that a copyright owner has?
- Prepare derivative works based on copyrighted work
- Display publicly
- Perform publicly by means of digital audio transmission
What do we mean by fair use?
Uses of the work that do not violate copyright infringement. Exemptions include certain reproductions by libraries and archives, certain educational uses, certain face-to-face teaching activites, performances in the course of religious services, chartiy and non-profit performances, performances in the home, and other uses that do not require authorization of the copyright owner.
What is a “work made for hire?”
Special category of copyright that primarily affects film and television underscore composers and songwriters where the employer becomes the "author" and the copyright owner for the entire term of the copyright.
What is a compulsory license?
Give certain types of users (cable systems, jukebox operators, public braodcasters) the right to use copyrighted musical works without the permission of the copyright owner.
What did the Audio Home Recording Act of 1992 provide for?
Required equipment, tape, and disc manufacturers of digital audio recording devices and media to to pay royalties to creators for the loss of revenue that occurs from home taping.
What is copyright notice? Give an example. And is it required on compositions today?
- The notice that should appear on all copies of a published musical work, including the symbol (c), year of first publication, and the name of the owner.
- (c) 2012 Brittany Sylvester
The 1976 Copyright Revision Act provided for what term of protection?
Increased the term of protection or most copyrights created after January 1,1978 to the life of the author + 50 years after death.
The 1998 Sonny Bono Copyright Term Extension Act did what?
Increased the 50 year term to 70 years after the author's death.
What is the current duration of copyright?
70 years after death of author
Who can claim renewal rights in musical
- Executor of will
- Next of kin
What is copyright infringement?
When somone violates any of the exclusive rights of the copyright owner
Is Parody considered “fair use?”
How are US copyrighted works protected
Through individual treaties between the US and foreign countries, and US participation in major international conventions
How do you register your work for copyright?
Through the Copyright Office
The standard deal for many shows produced for
network television give the network a license to air each show how many times? What are the options?
- Option to run the show outside of primetime hours
If a network chooses to “repurpose” or “multiplex”
the show, what does that mean?
Air a show twice per week or air it first on network and then on cable
What are the different types of uses of music within television?
- Series theme song
- Specific scene in tv show
- Preexisting songs in a tv show
- Hit song used as theme
- Network and production company logo
- Promo for upcoming or current shows
- Commercial jingle
What is the typical rule of thumb used to determine the music budget for television? What are the music costs associated with this budget?
Allocate 20-25k per hour for all music-related costs
- Composers creative fee
- Studio time
- Instrument cartage and rentals
- Music-licensing fees
The music that accompanies, enhances, and explains
much of the visual elements of television is known as what?
Define “spotting” session.
Meeting where a work tape of a program is viewed and discussion occurs of where the music should start and stop, and what the "feel" of the music should be.
When trying to find out who owns a song for use in television, what are some the ways of finding out? Who can you call or where can you go?
Contact: Publisher, Harry Fox Agency, Law firms
What is a sync license?
License to "sync" music to some kind of media output, such as television or movies.
Why are Synchronization fees low?
Use of a song on television leads to numerous other earning opportuntiies
What are some of the major revenue producing areas for a song used in television after its use in television?
- Use in other TV programs and motion pictures
- Sheet music
- Emmy Awards show
- Home videos
- Cover recordings
- TV broadcasts throughout world
What are the three performing rights’ organizations? And what does each stand for/represent?
- ASCAP: American Society of Composers, Authors, and Publishers
- BMI: Broadcast Music Inc
- SESAC: Society of European Stage Authors and Composers
What is the purpose of PRO’s?
To collect statutory royalties
What is a blanket license?
Allows a user to perform any works in the ASCAP or BMI repertory during the term of the license for a specific negotiated fee.
Give examples of businesses who would have a performance
license or blanket license.
How is the fee determined for the business seeking a
- Net receipts from sponsors
- Intensity of music usage
- Other objective factors
What are some of the methods PRO’s use to track royalties?
- Station reporting
- Digital monitoring
- Cue sheets
What is the “time of day weight”?
Four time-of-day factors that affect the value of a performance
What are the four general categories of licenses and
What are additional sources of income for a songwriter?
- Video games
- Sheet music/folios
What determines how many performance credits an artist will
Type of performance
What is a network hook-up weight?
Precise number of sttions carrying a program multiplied by the payment schedule rate for a particular type of performance to arrive at the value of a performance.
What are sources of income for a Broadway Composer and
- Out of town performances
- Show cast album
- Hit singles and cover records
- U.S. touring productions
- Prootional commercials
What is the average weekly costs of operating
What is Capitalization?
Present value of future payments
What is a royalty pool arrangement?
All royalty participants share in an agreed-upon percentage of the weekly operating profits of the musical with certain guaranteed minimum per-point royalties.
Give 3 examples of songs from Broadway musicals that have
become hit singles on the radio.
- "Memory" - Cats
- "Don't Cry for Me, Argentina" - Evita
- "Luck Be a Lady" - Guys and Dolls