Music Industry Final Exam

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One can claim "Fair Use" of a song or a record if you only use a small portion of the copyrighted work for your commercial purposes.

False

One lesson of this module is that rap and hip hop are easy to define and their definitions rarely change.

False

One of the reasons that investments in intellectual property by the music industry have become so important is that the media industries are more invested in the production of physical goods than they were two decades ago.

False

Spotify offers substantial advances that are recouped through future plays to all artists.

False

Steve Jobs believes that the subscription model like Apple Music or Spotify would ultimately succeed.

False

The "Long Tail" refers to a problem of distribution where scarcity of space, time and inventory remain significant problems for digital

False

The Harry Fox Agency administers and collects for performance rights.

False

Artists and labels alike have had to come to a new understanding about what was of value in a world of online music.

True

As labels decided to adjust what and how they would make their investments in recording artists, musicians now had to learn how to create new kinds of relationships

True

The idea of the dominant paradigm is to acquire a right and spread the property throughout your set of already established properties an connections

True

The importance of metadata is it helps make make music more "findable."

True

The need to better standardize both production systems and products is one of the reasons record labels tend be organized around genre.

True

The record industry has had to adjust to the information age.

True

Among the reasons that intellectual property has become important in the music industry today is that

the sale of CDs and other recordings have decreased substantially beginning in the 2000s.

When talking about PROs, you need to understand that

these institutions function to audit a songs performance.

One way to think of discussions about "Long Tail" economic is that

unpopular product will become much more important than it was in the past.

You are a service like Spotify and you want to license a track from a band. You will need to negotiate

with labels and publishers for the track and any other track you may wish from that band.

Among the four Ps of business are

All of the above.

Paramore

All of the above.

When it comes to Spotify we have an example of

All of the above.

In an online world artists and acts

All of the above

The following are parts of revenue streams for musicians

All of the above

Thinking of music as a property than can be programmed with the proper license is

All of the above

BMI stands for Broadway Music, Inc.

False

Making songs free and easy to access is like YouTube and Spotify do or preview like iTunes and Amazon allows is

Emphasizes an openness that is key for all experiential goods to find success in the marketplace.

"1,000 True Fans" is an idea that says a musician can make money if it gets 1,000 fans who will simply buy his/her product.

False

"360 deals are standardized and every artist signs the same 360 contract.

False

360 deals force the company to give up the master to the musicians who produce them.

False

A "grand right" can be acquired by purchasing a blanket license from a PRO.

False

According to Anderson, an artist like Amanda Palmer proves that Twitter updates, e-mails correspondence and blog entries are not as important as one might believe.

False

According to Frith, genres are static and it does not matter how labels address their audiences.

False

According to Halloran, et, al. the practice of acknowledging authors who did not contribute to a song by offering part ownership is also known as "false co-writers:

False

According to Halloran, et. al, if one has a dispute with a PRO, artists cannot file grievance procedures.

False

According to Halloran, et. al., the digital music marketplace is harmonized and works well.

False

According to Halloran, et. al., the practice of acknowledging authors who did not contribute to a song by offering part ownership is also known as "false co-writers".

False

According to Hull, acts of all sizes are always offered guaranteed amounts of pay for shows.

False

According to Hull, it is typical to pay managers in the music industry a base salary.

False

According to Hull, talent agents almost always do business on a handshake.

False

According to Hull, the "First Sale Doctrine" notes that when a copy of a song or record is purchased by the consumer can now copy the record or song and sell those copies.

False

According to Hull, the live entertainment stream is the most consolidated of the music industry income streams.

False

According to a study published by the Live Nation, Live Nation now believes that in the new paradigm the music industry will revolve around the release of and sale of recordings.

False

According to the DMCA, Spotify would be considered a non-interactive service.

False

Allison Weiss was able to use Kickstarter to achieve her donations goal. However, she was only able to use the service once.

False

Ani DiFranco administers her own publishing.

False

As argued in the lectures, the primary goal of music services is to promote music as a way to sell music and merchandise.

False

Because Spotify can purchase compulsory licenses and statutory licenses to get access to music catalogues, they have had no problem making a profit.

False

Because the record industry must interact with culture, consumers and technologies that they do not control, it is a closed system.

False

Business-to-business entities like Bandcamp and CD Baby only help act as place for musicians to sell merchandise and CDs

False

Compulsory license rates for performance rights vary for each song. As a result there is no blanket license for them.

False

Copyright enforcement at an international level is surprisingly simple since nations all adhere to the same set of copyright laws.

False

Free is often offered without conditions

False

Frith points out that by the late 1980s that music and film industries were locked in a competition that was mutually distrustful of each other.

False

Historically, European composers went through SESAC to administer their mechanical rights in the US.

False

Hull points out that registration is a requirement for a copyright protection

False

In the US, older, just like internet broadcasters, terrestrial broadcasters have to pay performance rights royalties to musicians whenever their records

False

Live performance is the only income stream for successful musicians today.

False

Many believe that people playing a specific genre need only focus on the music to be successful.

False

Many believe that people playing a specific genre need only to focus on the music to be successful.

False

NARM is a trade association that stands for the National Association of Recorded Music

False

Napster did not host a music index, rather it served to host millions of MP3 files.

False

The incentives for an artist to sign a 360 deal begin with allowing the artist to keep all of the profits from sale of their merchandise.

False

The initial period of copyright duration as defined by the US Constitution was 50 years plus the life of the author.

False

The issue of "Fair Use" is very simple to define and noncontroversial.

False

Theatrical usage licenses must always be acquired by anyone who performs a song in a concert venue like a theater or a bar.

False

There is an international copyright.

False

US copyright law ensures strong "moral rights" for authors.

False

When a label works with a band in a specific genre the label need not consider the conventions of the genre.

False

Spotify is considered an interactive service

None of the above.

The following organization is a PRO that distributes monies to musicians rather than songwriters

Soundexchange

"Song Plugging" Refers to attempting to get your song played by specific artists.

True

A mechanical license is a compulsory license

True

A performance right is purchased through a PRO that dispenses royalties to the rights holders.

True

A song that is recorded by many artists over many years is often called "evergreen"

True

According to Anderson, The social component of music is not a byproduct of music, but is an absolutely essential component of the experience of music.

True

According to Frith, genre distinctions are central to how A&R departments work.

True

According to Halloran, a good rule of thumb when it comes to social media is to not do something online that you would not do online.

True

According to Halloran, et al, in the music industry there are two types of lawyers, transactional lawyers and entertainment lawyers.

True

According to Halloran, et, al., you can divide your song ownership with other owners in a practice known as "joint ownership."

True

According to Halloran, et. al, a group name used for entertainment services is legally known as as a service mark.

True

According to Halloran, the paragraphs that often embody what we often call "360 deals" are dealt with in those titled "Ancillary Entertainment Rights" or "Brand Equity".

True

According to Holloran, et al, once a band selects a name it is a good idea to determine in writing who will own it.

True

According to Hull, a "rider" is a set of written requirements that an artist must have to put on a show.

True

According to Hull, a US Court of Appeals has noted that a de minimis claim a composition song can be made. However, there is no such claim that can be made for sound recordings.

True

According to Hull, it is common to have a "buy back" agreement with agents and managers so that a promoter who promoted an act in an earlier appearance will have the right to put in a bid on a date for that act's next tour.

True

According to Hull, most publishers make all of their money by licensing others to use their copyrights.

True

According to Hull, the downturn of the economy in the 2000's, including the recession that began in 2007-2008, affected the recording industry in a way that had not been felt since the Great Depression.

True

According to Hull, there has yet to be a case about whether or not a "beat" can be copyrighted.

True

According to the DMCA, Apple Music is an interactive service

True

According to the U.S. Constitution, copyright protects ideas to incentivize the development of better ideas and inventions.

True

Cash flow in all three income streams has driven major players to try to control all three income streams.

True

Frith argues that behavior rules for genre not only apply to performers but audiences as well.

True

Frith argues that the manner in which people needed to understand the media conglomeration of the music industry that takes place in the 1980s begin with the crisis of slowed record sales beginning in the later 1970s.

True

Frith notes that by the 1980s record stores were changing as space once reserved for records now started to be taken over by merchandise such as t-shirts and posters.

True

Frith points out that in the 1970s the youth share of leisure expenditures began to decline because of demographic reasons.

True

Frith proposes that one way to understand the old model of music career would be shaped as a pyramid with local scenes at the bottom and superstardom at the top. However, the new model is shaped more like a "circle" or "pool" where assets circulate the capital which is located in the center.

True

Genres are pre sold properties because audiences have an idea of what to expect when they explore a piece of music or a band from a specific genre such as jazz, metal, etc.

True

Genres exist as types of "social contracts" between audiences and producers.

True

Hull argues that those in the music industry who wish to maximize security and profitability, they must participate at some level of all three income streams.

True

Hull notes that the Berne Convention is a convention that many nations have joined to protect literary property such as songwriting.

True

If a label samples a record and they do it incorrectly they are risking infringing copyrights for both recordings and the song.

True

In those countries that allow authors of songs to prevent unauthorized changes to their works, the country allows authors to claim "moral rights."

True

Duration of copyright was changed in the United States by

the "Sonny Bono" Copyright Extension Act of 1998.

It is not uncommon for performance spaces like bars and coffee houses to acquire blanket licenses so that performers can play any song they wish.

True

Kevin Kelly argues that a true fan spends upwards of $100 a year on his or her artist of choice.

True

Martin Bandier, the chair and CEO of Sony/ATV Music Publishing, the group that controls The Beatles song catalogue, made it clear that he was involved in a long-term strategy to exploit this asset.

True

Media companies have bought publishers and record companies to come together as media conglomerates

True

One way to think of songwriting is as a means of creating "expressions of ideas".

True

One way to think of your computer is as a copy machine.

True

PRO stands for "performance rights organization"

True

PROs often sponsor songwriter workshops and seminars in major cities.

True

Pareto curves are power laws that illustrate the 80-20 principle.

True

Performance spaces such as bars and theaters need to acquire blanket licenses from PROs to allow artists to perform songs and music whose licenses they do not already own.

True

Publishers were the first commercializers of music.

True

Song catalogues are often considered assets by media companies

True

Spotify and other services operate more like a utility than a retail space.

True

The "Fan Funnel" proposes that fans be valued differently at different positions within the funnel.

True

The use of gifts by musicians and labels to fans are deployed to generate collective obligations and establish a long-term social commitment in which exchanges happen on a continual basis.

True

When speaking of the metadata that is placed on a song, granularity refers to the specificity of that metadata.

True

When you write a song, you actually generate a bundle of rights.

True

Hull points out that registration of copyright at the US Copyright Office is consider prima facie evidence that the information on the form is valid.

True.

The specific blanket license that is purchased by radio stations and performance venues that allows these venues to be licensed for a song's "performance rights" is

a compulsory license

A "system analysis" of the music industry allows us to understand

all of the above

ASCAP is

all of the above

According to Hull, systems theory says there are five components to any business system. They include the following.

all of the above

Among the six exclusive rights that a songwriter generates when she/he writes a song are

all of the above

Frith argues that in using genres they are

all of the above

Music companies are really part of media companies that are searching

all of the above

The mechanical license is

all of the above

The streams of revenue that compose the music industry are

all of the above

There are many pros and cons involved in "360 deals". Among the cons are

all of the above

There are three C's in Copyright. They include:

all of the above

When determining how much it should cost to license a song's synchronization rights, one needs to consider

all of the above

You are sampling a significant portion of a recording of "She Love you" by The Beatles and you decide to sell your record. You

all of the above

According to Holloran, et. al, The following are foreign PRO's

all of the above.

Among the four considerations needed to be made for a claim of "Fair Use" are the following:

all of the above.

Frith - Once a band is signed a certain genre, musicians will "be expected to act and play and look in certain ways. "This means performers of a certain genre need to

all of the above.

SoundExchange is a PRO that is

all of the above.

intellectual property rights include

all of the above.

According to the DMCA, an interactive service is one that

allows users to receive a transmission of a program specifically created for the recipient immediately after the request is made.

Compulsory rates and statutory rates

are determined by the third parties such as PRO's or the courts.

According to Dr. Anderson, streaming services should

convince musicians to revalue their records and songs.

What makes one have to acquire a grand performance right versus a small performance right is determined by whether or not a song is used in a

dramatic performance

Music supervisors working for film and television producers

help clear sync rights.

According to Anderson, iTunes most important contribution to Apple was

it provided a direct line to Apple's iTunes store.

According to Hull, which of the following forces does not affect the music industry?

none of the above.

According to Hull, songwriters have the statutory rights to terminate an agreement with a publisher after a period of 35-40 years. This is called rights

reversion


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