Fundamentals of Music Business - 4.1 Rights, Licenses, & Promises
What are the specific elements of a copyright notice?
"C" in a circle, year of publication, and name of the owner
Samantha has written a script for the play that she would like to produce. The completed script has been typed into her computer until she has secured the finances to begin casting and production. She wants to know how to copyright her script. Your answer to her is: ______________.
"Your copyright exists as soon as the idea is in a tangible form."
What is the Mechanical Statutory Rate for a song that exceeds 5 minutes?
$.0175/minute/song/record sold
What is the Mechanical Statutory Rate for a song 5 minutes or less?
$.091/song/record sold
Todd Bailey is a songwriter and aspiring performer. He has built up a catalog of songs... A RECORD LABEL APPROACHED TODD FOR A MECHANICAL LICENSE FOR "NIGHT LITE". HE AGREED TO GIVE THE LABEL USE AT THE STATUTORY RATE BUT HE CAN'T FIGURE OUT HOW MUCH MONEY HE WILL BE PAID. HELP HIM FIGURE OUT WHAT THE TOTAL PAYMENT WILL BE IF 30,000 COPIES OF THE CD? SELL?
$3,150
Based on this agreement, what amount will the Composer's royalty check be if 6,000 units of the soundtrack sell at $10.00 each?
$4800
This is how much a copyright costs for an album being registered by a band using the eCO registration format.
$65 for the album
Andrew Spear is a local artist who is has done many murals and other two dimensional art projects around town. He has been hired to create a backdrop for a stage performance. The director has provided him with the materials and direction for what needs to appear on the backdrop. In this situation, Andrew's work and relationship with the director who hired him would be considered _______________.
A Work for a Hire
Many contracts dealing with money will include a provision that will permit the parties to review the accounting from the event the agreement is written for. This is often included so the parties can verify the amount they are being paid or to make sure the other party managing the money is not stealing from them. What is this clause called?
Audit Provision clause
What are the five exclusive rights of the copyright owner?
Derive, Perform, Reproduce, Distribute, and Display
"In the event there is a last minute cancellation of the Production where said Production cannot run as agreed upon due to any of the following reasons: fire, blackout, act of public enemy, war, riot, labor dispute, or technical failures; Company will have the right to terminate their obligations of this agreement and retain any prepaid deposits." What is the name of this clause (better known as)?
Force Majeure clause
According to the Composer Agreement (PDF), who will be the owner of the Master Recording when this project is complete?
Fred Film Works
Who is benefiting from the "Originality and Copyright Considerations" provision in this agreement?
Fred Film Works, Inc.
Which of the following is NOT one of the categories of the Statute of Frauds?
Geographic location limitation
Now that Whitney Houston has passed away, what is the copyright term for her famous recording?
Her death is irrelevant because the recording is owned by the label, so the company term is only applicable.
"During the term of this contract you will not perform for the purpose of making phonograph records for any person, firm, or corporation other than us. During a period of five (5) years after the expiration of this contract, you will not perform any selection recorded hereunder for any other person, firm, or corporation in the world or throughout the universe, for the purpose of making phonograph records." Which party is benefiting from this clause?
Label
In order for Pandora to offer the streaming services they provide, they must contact SoundExchange for a Statutory license. Who is paid from this license?
Label & Artist
Singer/songwriter Ryan Adams re-recorded Taylor Swift's album "1989". In order for him to record this project, what type of license did he need to acquire?
Mechanical License
What are the five valid points of a contract that must be present for an agreement to be considered legally enforceable?
Mutual Agreement, Parties are legal, No illegal acts, Consideration, Unambiguous language
The Ohio State University Marching Band recorded an album titled "Ohio State University Marching Band-New Era" and the album is available for purchase on Amazon. The album includes a recording of the band playing "Beethoven's 5th". If 20th Century Fox were looking to use this song in their new movie, who do they need to contact for the Synchronization License?
No one because the song is in the public domain
This is an excerpt from a contract between a record label and an artist: "During the term of this contract, you will not perform for the purpose of making phonograph records for any person, firm, or corporation other than us. During a period of five (5) years after the expiration of this contract, you will not perform any selection recorded hereunder for any other person, firm, or corporation in the world or throughout the universe, for the purpose of making phonograph records." This clause falls under what title?
Non Compete clause
The song, "I Will Always Love You", from the movie "The Bodyguard", was made popular by recording artist Whitney Houston. The song was written by another famous songstress, Dolly Parton. Velvet Apple Music is Ms. Parton's publishing company currently managing her songwriting rights and Ms. Houston's recording is owned by Arista Records. Jessica is an up and coming female vocalist and she is recording her first album. She wants to do a cover of "I Will Always Love You" to add to the record. Who does Jessica need to contact to record this song and why?
Only Velvet Apple Music because they are the publisher for the song and this is all she needs
Singer/songwriter Ryan Adams re-recorded Taylor Swift's album "1989". Your friend Bob is a big fan of how Ryan Adams recorded these songs and would like to have the Ryan Adams version of "Bad Blood" play when people come to his (Bob's) website. What license(s) will he need to accomplish this?
Performance License and Statutory License
Todd Bailey is a songwriter and aspiring performer. He has built up a catalog of songs... WHEN TODD DECIDES TO REGISTER ONE OF HIS SONGS, WHAT ARE THE COPYRIGHT REGISTRATIONS HE MUST CONSIDER WHEN IT COMES TO PREPARING FOR MUSIC?PUBLISHING
Performing Arts, Sound Recording
"During the term of this contract you will not perform for the purpose of making phonograph records for any person, firm, or corporation other than us. During a period of five (5) years after the expiration of this contract, you will not perform any selection recorded hereunder for any other person, firm, or corporation in the world or throughout the universe, for the purpose of making phonograph records." Is this a protection or an option?
Protection
Is the "Originality and Copyright Considerations" provision of this agreement a protection or an option?
Protection
Combining music with a visual medium such as video games, tv, or film, requires a synchronization license. Who is getting paid from this license?
Publisher & Songwriter
Symtech, a electronic funk band, recorded their version of a Daft Punk song for their latest commercial CD release. Though Symtech did not change any of the lyrics or composition, the band was sued for copyright infringement for failing to obtain the mechanical license for their CD. What rights of the Daft Punk songwriters were violated?
Reproduce and Distribute
Christopher is super excited to buy the new Michael Jackson cd! Once he has made his purchase, he is permitted to ______________________ for his own personal use.
Reproduce, Display, and Perform
There are four ways to handle a breach of contract. Which of the following choices is NOT one of the four?
Right of First Refusal
Though discussed during our IP lecture, a Non Compete is very useful type of contract that must be limited in what three areas to ensure protection.
Scope of Activities, Time, and Geographic Location
"If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, only said provision is affected and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby." What type of clause is this?
Severability Clause
This agency collects performance royalties for the digital transmission of a recording (i.e. Pandora, Spotify, or other streaming uses), who is this agency?
SoundExchange
Todd Bailey is a songwriter and aspiring performer. He has built up a catalog of songs... WHAT LICENSE WOULD TODD ISSUE IF A FILMMAKER APPROACHED HIM ABOUT USING A SONG FOR A CHARACTER TO SING IN A SCENE OF THE MOVIE?
Synch License
The Ohio State University Marching Band recorded an album titled "Ohio State University Marching Band-New Era" and the album is available for purchase on Amazon. The album includes a recording of the band playing "Beethoven's 5th". If 20th Century Fox were looking to use this recording in their new movie, who do they need to contact for the Master (Synchronization) License?
Tresona Multimedia
How is copyright infringement defined?
Violation of any of the exclusive rights of the copyright owner.
What is the purpose of the Statute of Frauds?
dictates when oral agreements must be in writing
USE THE PDF TO ANSWER THE NEXT 4 QUESTIONS (Copy & Paste into your URL)
https://fso-lms4-immortal-assets.s3.amazonaws.com/241/201810/2f3fa01f-6fa7-45e7-ac14-dbd819ba4b88-a80e26a6-3f84-4a59-a347-09b5ad069dd7/ComposerAgreement.pdf?response-content-disposition=inline&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Date=20210108T233807Z&X-Amz-SignedHeaders=host&X-Amz-Expires=600&X-Amz-Credential=AKIAI4QJ7YJDQ7JYMBXQ%2F20210108%2Fus-east-1%2Fs3%2Faws4_request&X-Amz-Signature=41c54675e933ac4e98c34ba99b61c12bf9e20e51f2e8810759640df5b5d1eece
The purpose, or function, of a Protection clause in a contract is _____________ .
to prevent harm from the other party
The purpose, or function, of an Option clause in a contract is _____________.
to provide choices in the agreement
Todd Bailey is a songwriter and aspiring performer. He has built up a catalog of songs... NOW THAT TODD HAS HIS MUSIC UP ON A PUBLIC WEBSITE, WHERE WOULD YOU ADVISE HIM TO GO TO REGISTER HIS COPYRIGHTS?
www.copyright.gov
