Music publishing Everything - Keen

Select ALL correct answers.This is a Multiple Answer question. Select all correct statements about Alternative compensation in a deal using existing songs in Commercials.

- An Ad agency has contacted you about using one of your songs in a commercial for a restaurant chain. If the Sync fee being offered is insufficient, you can try to negotiate for Alternative compensation e.g. discounts (or free!) food at that restaurant chain for your writers or writer/artists. who composed the song. - An Ad agency has contacted you about using one of your songs in a commercial for a chain of Automotive vehicles. If the Sync fee being offered is insufficient, you can try to negotiate for Alternative compensation e.g. a cheap or free lease on a van in which your band can tour.

Select all correct answers about "At Source"

- At Source is designed to prohibit a subpublisher who has a 90/10 deal with you from sending your royalties through several of their offices in different territories and taking 10% at each office. - At Source means royalty splits are calculated where earned.

Select all correct answers regarding Mechanical royalties outside the United States. (what we might call Foreign Mechanicals)

- Foreign Mechanicals might be collected by a Mechanical Rights society - It's important to clarify whether a percentage of Sales price is calculated from the Retail price or the Wholesale price. - Most foreign countries calculate Mechanicals as a percentage (%) of sales price.

Multi Answer. Select ALL correct answers. Regarding jingles which of the following are correct? Select them.

- Jingles are commonly written on a Work-For-Hire basis - Jingles are not existing songs. They are written for commercials.

Select ONE answer. Before granting a Sync license, a publisher needs to...

- Review the Songwriter's contract for any limitations that prohibit placing the song in Movies, TV shows and Commercials that are contrary to the writers values and beliefs, e.g. No X-rated sex scenes, no extreme violence, no products offensive to the writer.

Select the "Big 3" top grossing International Publishers in the world.

- SONY - Universal - Warner/Chappell

Which of the following are true about the "Black Box"? Select all which are true.

- The Black Box contains unclaimed royalties. - After a designated amount of time, publishing royalties left in the Black Box can be distributed to members of the Rights society(ies) in the territory holding them. - Mechanical royalties in the Black Box of a certain territory may be distributed to member publishers based on their market share of Mechanicals in that territory.

Multi-Answer. Select ALL correct answers. When Licensing an existing song for a Commercial a wise publisher ...

- will check their contract with the writer for restrictions such as; the writer will not permit their songs to be used in commercials for products that conflict with their deeply held beliefs about the environment and/or animal rights and/or eating meat. - will check their contract with the writer for restrictions such as; the writer will not permit their songs to be used in commercials that are in conflict with the writer's deeply held religious beliefs . - will check their contract with the writer for restrictions such as; the writer will not permit their songs to be used in commercials for certain personal hygiene products or sexual products that might embarrass them.

Select ALL correct answers. Which of the following products that use music require a Sync License. Assume the song(s) already exist. Select all correct answers.

-A song in a Video Game -A commercial Movie. -A network TV show. -A TV commercial

Match each PRO acronym with its full name

-ASCAP a.American Society of Composers Authors and Publishers. It's owned and run by Songwriters and Publishers. -Sesac d.No acronym anymore. It's owned by Wall Street investors. -BMI b.Broadcast Music Inc., owned by Broadcasters. -GMR c.Global Music Rights owned by Irving Azoff's corporation.

Match each PRO with its customary Contract length for Songwriters. BTW all of these can be Non-calendar year(s) and the Resignation window opens only ONCE during the entire term.

-ASCAP c. 1 year -BMI a. 2 years -Sesac d. 3 years -GMR b. The contract length is usually tied to Recoupment of an advance.

Select ALL correct answers. Which of the answers below are Emerging Practices in Music Publishing?

-Label Services such as financing and owning albums, distribution, marketing and promotion -Artists Services such as Management

Select ALL correct answers. Which of the following are PRO licenses? Select them

-Non-commercial Radio License -Per Program License -Blanket License -Commercial Radio License

Select 3 answers. What are the names of the "Big 3" multinational publishing companies?

-Sony/ATV -Warner Chappell -Universal

MATCH EACH DISRUPTION OR OPPORTUNITY TO ITS SOLUTION

-Teenagers like Carole King, Neil Sedaka and the others who wrote for Don Kirshner writing music for their peers c.Publishers began to sign younger songwriters , even teenagers -The British Invasion of music featuring bands like The Beatles, Rolling Stones, Zombies and Hollies. d.Publishers began signing bands and artists who wrote their own songs. -Music in movies. e.NYC publishers opened additional offices in L.A. and Sync royalties began. -Because of racial segregation, R&B and Blues music created by African Americans was underrepresented to the American public. b.Berry Gordy founded Tamla Records and Jobette Music Publishing creating the Motown sound in Detroit. -The Corona Virus quarantine a.An "explosion" of Songwriters, Artist/Wrters and Artists offering concerts online.

Select ALL correct statements. Which of the following are true about the MMA (Music Modernization Act)?

-We hope to see a significant upswing in Mechanical royalties. -We hope it will enable Spotify and other streaming sites to distribute the undistributed royalties they are holding in the "Black Box" efficiently and soon! -We hope it will make licensing for online Interactive streaming easier for streaming platforms. -The MMA mandates the creation of a singularauthoritative database of songs

Select ALL correct answers. Select all of the following usages that generate Performance Royalties. Assume all uses are legal/licensed and the music has Copyright protection.

-You Tube "airplay" -Music featured in a network TV show. -Overhead music in the halls of a mall. -A band playing cover songs in a bar. -A hymn played or performed live during a service in a Funeral Home. -Terrestrial Radio (AM/FM) -Streaming (both Interactive and Non-interactive) -Music on hold on a telephone.

Select ALL correct answers. The 35 Year Rule...

-allows songwriters (or their Estate) to reclaim ownership of their songs 35 years after the date of 1st publication or 40 years after the date of the contract signed. -must be activated by the writer(s) or their Estate. -was part of the '76 Copyright revision Act which became effective Jan. 1, 1978. So 2013 was the first year songwriters or their Estates could use this opportunity.

Select ALL correct answers THE MUSIC MODERNIZATION ACT (MMA)...

-created an historic new license in the U.S.; a Blanket Mechanical License -created the MLC (Music Licensing Collective) -mandated the creation of a comprehensive authoritative database of copyrighted songs -included the AMP Act -included the CLASSICS Act

Select ONE answer. Of the following television usages, which one is most likely to generate the most income for a publisher and Songwriter? Select it.

-licensing a song for a TV show theme over several seasons because of the Performance income.

Select ALL correct statements. To determine whether a Mechanical License is required, consider...

-whether a "mechanical device" is needed to hear the music or not. (In this context, computers and mobile devices are considered mechanical devices) -whether a consumer owns or possesses a copy of the song or not. (In this context, saving songs e.g. to a Playlist or other type of "digital locker" is considered possession). -whether the song(s) is/are in the Public Domain or not.

Select ONE answer.Which single statement below is false? Select the FALSE statement.

ALL streaming generates Mechanical royalties

Match each usage or product to its corresponding royalty silo. You may use the same answer more than once.

An arrangement for Marching Band. - Print. A trio playing music in a bar. - Performance. Purchasing a vinyl album - Mechanical. Using music in a movie - Synchronization or "Sync" Music from a car radio - Performance. An Elsa doll singing "Do You Wanna Build a Snowman" - Mechanical.

"At Source" means royalties are calculated where collected.

False

"Catalog musical" describes a musical that an Institutional buyer can order from a catalog.

False

A Broadway musical is the only vehicle/product from which a publisher can earn Grand Rights royalties.

False

A PRO sample detects every performance on radio

False

A license isn't required to post tabs (music tablature i.e. the melody and chords ) on the web.

False

A publisher should always calculate the Mechanical rate into their Sync quote when licensing a song for an ad.

False

A traditional Blanket License gives the user the rights to use music anyway they want too.

False

All Sampling is exempt from Mechanical licensing requirements under the Fair Use Doctrine.

False

American artists and bands in the '60s and '70s routinely licensed their songs for ads.

False

An Alternative Compensation package describes the perks a jingle writer gets from signing to a Jingle House.

False

An important factor in determining the Sync fee you'd charge a TV or movie production company is a Spawn of Satan clause in the publisher/writer contract.

False

Ancillary products are not an issue with songs or music in a video game.

False

Artist Development is an Emerging Practice in Music Publishing.

False

Broadway theatres which solely present musicals are required to acquire Performance licenses from the PROs.

False

By design, Deal Memos are legally binding.

False

Currently, most Music Publishers create their own Print music products.

False

For most large publishers, the revenue from Performance income and Mechanical income are equal.

False

Foreign Sub-publishing practices and licensing are identical to those in Print Sub-publishing.

False

Foreign royalties are always calculated, collected and distributed according to our Copyright laws and practices in the U.S.

False

Hamilton is an example of a Catalog musical.

False

If Belmont does a musical then records the songs from the performance to sell as downloads, they're exempt from any licensing requirements under the Fair Use Doctrine.

False

If a video game is based on a TV show or Movie and the game creators use the songs from the movie or TV show, the songs don't have to be licensed because they already were licensed for the TV show or movie.

False

If you are sampling a portion of a recording you don't have to get permission from the © owner and the (p) owner.

False

If you, a publisher use a Print sub-publisher you automatically grant them partial ownership in every copyright with which they work.

False

If your song has been recorded and released (published) , anyone can use it in Print if they want too.

False

It is recommended that you always give partial copyright ownership to your sub-publishers.

False

Lawyers cost a lot of money, so it's wise not to consult one just to sign a music biz contract.

False

Mechanical royalties came about as the result of a confrontation in a French restaurant between composers and the owner.

False

Most Exclusive Songwriter's Contracts state that the songwriter writes for one publisher and is free to write for any other publishers they choose.

False

Most often, a Sync license granting permission to use a song is issued from a production company (the Licensee) to a publisher (the Licensor)

False

Napster created the first disruption for music publishers.

False

Non-commercial radio stations pay license fees equal to commercial stations with the same listenership and playlists.

False

Pan-Euro licensing means only that the license fees are paid in Euros.

False

Performance income is generated from live performances only.

False

Print music has been tech-proof, immune to disruption.

False

Publishers and songwriters are very satisfied with royalties they receive from Streaming.

False

Publishers are not in the artist development business!

False

Publishers make Mechanicals from illegal downloads.

False

Royalties from the purchase of recorded music went into the previously designed Print silo.

False

Thankfully, song translations can just be done for free by cutting and pasting the lyric into any online translation software.

False

The 4 American PROs/MROs that distribute traditional publishing royalties are; ASCAP, BMI, Sesac and Sound Exchange.

False

The Black Box contains fines for illegal use of copyrights.

False

The Libretto is the musical score.

False

The PROs treat all airplay performances equally.

False

The Spawn of Satan clause i.e. Controlled Composition clause, is in a Publisher/Songwriter contract.

False

The existence of a Global Repertoire Database (1 metadatabase) has expedited international publishing.

False

The invention and purchase of CDs containing music led to a whole new category/silo of royalties.

False

The invention of movable type for the printing press generated Performance Royalties.

False

The invention of radio led to the creation of an entirely new category/silo of royalty stream.

False

The length of usage doesn't matter when determining the Sync fee you'd charge a TV or movie production company.

False

The license is to use a song in a commercial is granted by the ad agency (Licensee) to a publisher (Licensor).

False

The process and considerations for licensing a song for a commercial or video game are exactly the same as licensing for TV or movies.

False

The purchase of a vinyl record right after a concert at a Merch table generates Performance Royalties.

False

The term of a publishing contract is always a certain length of time.

False

To play songs from a musical on the radio no license is needed because the Grand Rights have already been licensed.

False

Typically, publishers pay writers their royalties quarterly.

False

The most common reduced rate is $.0455, half (50%) of the Stat Rate

False (3/4 of Stat ($.06825) is the most common reduced rate.)

The sale of a songbook containing hits from various musicals generates Grand Rights royalties.

False (Correct. Print $$ !)

The best way to get songs in a Musical is to stay abreast of what is being written and produced. Then pitch appropriate songs to the projects.

False (Doesn't work that way. It's not a Pitch and Cut business model.)

A song title on a tee shirt requires a Print license.

False (Good catch! For licensing, always try to get them to use a good portion of your lyric!)

If a publisher refuses to license a song to a movie production company, the production company can use the song in the movie via a Compulsory license.

False (Good catch! No Sync Compulsory license.)

All church music usage is exempt from licensing requirements because of the Fair Use Doctrine.

False (Good catch! When a church uses products i.e. carpet, chairs, wafers, grape juice, songbooks and/or Lyric reprints on a screen(s) they PAY for them.etc. Lyric reprints are a product.)

An important factor in determining the Sync fee you'd charge a movie production company is factoring in Performance income from American movie theaters.

False (Good catch. Unlike most European movie theatres, American theatres are not required to obtain a Sync license.)

The offer of a Single Song contract is an insult to the writer.

False (Good for BOTH parties)

The Library of Congress will administer the new Blanket Mechanical License mandated by the MMA.

False (Good work, the MLC will do it.)

If a Musical is derived from a song (like 9 To 5) the song becomes a derivative work.

False (It's the other way around)

At the end of every term, a writer contract automatically expires and she/he is free to leave and go to another PRO.

False (NO. It's important to remember that to resign from a PRO you must pro-actively send in the document(s) called for and submit during the Resignation window.)

The Statutory Rate in Print music is $.091 per unit sold.

False (No Stat Rate for Print Music)

MFN in your (Publisher's) Sync License means that you get paid as much as the highest paid publisher with music in the show.

False (No. It depends on the type of use. A feature pays more than a background use for example. So an MFN in Sync will say something like, "Similar pay for similar use.")

Two very pro-songwriter organizations are SGA and NMPA.

False (Nope! The NMPA is Pro PUBLISHER.)

In Print, Pro-rata share means that the Print sub-publisher only remits royalties to professional publishers.

False (Nope, Pro-rata share is relative to how many songs you own in the product. It's your "fair share")

ASCAP was the first U.S. PRO and BMI was the second.

False (Nope, Sesac was second in the U.S.)

MFN in a Mech. License guarantees that the publisher will get paid the Stat rate.

False (Nope. It guarantees that a publisher with MFN in their license will get paid the same rate as the highest rate offered to any other publisher. That may not be the Stat rate, just the highest.)

CCLI is a Christian Music publisher.

False (Nope. They're a Licensing org.)

All live Theme park shows generate Grand Rights royalties.

False (Not every show qualifies for Grand Rights licensing. Some of them are mini-concerts by a band or artist. They require Performance licensing.)

Cross collateralization is a sketchy practice.

False (Right! You just need to be aware that it's in the deal.)

If a song from a musical is used in a film, no license other than the Grand Rights license is needed.

False (Right! a Sync license must be negotiated.)

Most large multinational Publishers make approx. 50% of their income from Mechanical royalties.

False (Sad and false. They used too!)

To calculate the publishing royalties from the sale of 20,000 downloads of your song, the formula would be: 9.1 x 20,000.

False (Sorry, but to write (or type) the mathematical formula for calculating royalty revenue, 9.1 cents is written as $.091. BIG diff! Remember this, it's crucial!)

If someone wants your song in their movie you can request the Statutory Sync Rate.

False (Statutory Sync Rate does not exist)

Win/win negotiating means that you always make sure the other party gets everything they want out of the deal.

False (That's not Win/Win. That's Co-dependant!)

Typically, every cut on an original cast recording is paid Mechanicals at the Statutory rate.

False (There are way more than 10-12 cuts! Couldn't afford the payout at that rate.)

Grand Rights royalties are paid at the Statutory rate.

False (There is no stat rate for grand rights)

Broadway show producers love the Grand Rights Compulsory License. Publishers hate it!

False (Theys nary un!)

Your publishing company created a show using songs that the company owns. The show features actors singing the songs, a scripted storyline, costumes, props and an extensive Set. The license(s) required to perform it are the same as if an artist performed the songs in concert.

False (Thus, Grand Rights!)

A co-publishing contract merely means that the song was written by 2 songwriters.

False (What if both writers write for the same publisher? Co-published means there's more than one publisher involved!)

A good, solid contract will always prevent a crook from cheating you.

False (Work ONLY with people of Integrity)

The Statutory Sync rate is the same as the Statutory Mechanical rate.

False (You're right. NO Statutory Sync license exists.)

In Grand Rights, when we say "composer and author", author means the script writer.

False (in older practices and products, "author" means the lyricist.)

The Mechanical Statutory Rate in the U.K. is the same as in the U.S.

False (no mech stat rate in UK)

Match each Top 5 Foreign market with its PRO.

Japan A.JASRAC Germany D.GEMA U.K. E.PRS France B.SACEM Italy C.SIAE

Select ONE answer. Why was Sir Walter Scott's claim on John Hill Hewitt's song, "The Minstrel's Return From The War" not piracy?

There were no copyright laws covering music in the U.S.

"Library music" concerns songs/music done on a Work-For-Hire basis that are usually cheaper to license than existing hit songs.

True

"RATE" is the percentage (%) of the Sales price that is set aside for royalties to the publisher(s), the copyright owner(s).

True

"Reciprocal agreement" means both parties treat the other's writers or members the same way they treat their own.

True

"Territory" in the Ad game is often used to describe whether the ad is a National, Regional or Local commercial.

True

120 years ago there were several songs which sold a million copies of sheet music.

True

A Blanket license from ASCAP or BMI allows access to more songs than a Blanket License from Sesac.

True

A Deal Memo can save money for all parties

True

A Package Deal means that the music composer receives a set budget in exchange for creating, arranging and recording the music.

True

A Per-Program License is a good bargain for a Talk radio station that uses parts of 6 songs a day coming in and out of shows. The Music usage must total less than 32% of their broadcast day to qualify.

True

A Performance License fee for a terrestrial radio station costs a small percentage of their ad revenue.

True

A Print sub-publisher can have an exclusive deal to represent your songs in all Print areas.

True

A Print sub-publisher commonly pays the publisher (owner of the copyrights used) an agreed upon percentage of the sales price.

True

A Print sub-publishing contract usually contains an initial term with options.

True

A Print sub-publishing deal can be for one song, a group of songs (like an album) or an entire song catalog.

True

A Song By Song contract can involve several songs.

True

A feature performance of a song in a movie usually generates a 6 figure fee ($) or more.

True

A good metaphor for an Exclusive Songwriter's Contract is: marriage.

True

A new silo was created for royalties from the sale of recorded music.

True

A professional ballet work can generate Grand Rights royalties.

True

A publisher can chose one sub-publisher to represent them worldwide (outside their own territory)

True

A song featured prominently in a hit movie or TV show can go on to earn significant income from other royalty streams.

True

A soundtrack is to a movie as the original cast recording is to a musical.

True

A sub-publisher may require partial ownership in a translated version of a song they create and get recorded for a publisher.

True

A successful Opera can generate Grand Rights royalties.

True

A valid formula for computing mechanical royalties is: Units sold of the product x Rate x Songs you own in the product = Gross amount to Publisher(s). Then the publisher splits it with the writer(s) leaving the Net profit for the publisher.

True

A wise publisher considers the "burn factor" when licensing a song for an ad.

True

A writer must choose to join only 1 PRO at a time. A publisher can join all 4

True

ASCAP and BMI each collect over $1 billion in annual gross revenue.

True

After a contract ends, any unrecouped advance gets "eaten" by the publisher if never recouped.

True

An Indemnification clause in a Sync license is designed to protect one party from illegal actions of another.

True

An advance in a beginner writer's contract is given so that they might be able to quit their "day gig" and concentrate on writing songs daily.

True

An audit clause gives the writer the right to have their account with a publisher examined for accuracy.

True

An audit of a record company might reveal unpaid royalties due a publisher.

True

An important factor in determining the Sync fee you'd charge a TV or movie production company is the number of times they'd use the song.

True

An important factor in determining the Sync fee you'd charge a TV or movie production company is whether it's a Background or Feature usage.

True

An important factor in determining the Sync fee you'd charge a movie production company is how important it is to the film, i.e. Title? Storyline?

True

An important factor in the negotiation between a video game developer and a publisher would be the "type" of game (Console, mobile device, online, etc.)

True

Another huge disruptor was the invention of recorded music played on the Phonograph and Gramaphone. It disrupted publishing practices that had gone on for centuries.

True

Arguably, we are in the biggest Disruption in the history of Music Publishing because of streaming. Consumers don't buy as many copies of songs like they always have for about 500 years!

True

Audio Feature Premium (AFP), which includes Radio and Streaming airplay, is a weighting factor that rewards songs played the most in a given quarter

True

BMI was the first PRO to open an office in Nashville.

True

Broadsides from the 1700s are an example of "sampling"

True

By using a Compulsory Mechanical License someone can legally record a published song without permission of the song's owner(s).

True

CCLI is a Licensing organization representing publishers and songwriters

True

CMPA is the Church Music Publishers Association

True

Catalog musicals turned Grand Rights into a growth area for music publishers.

True

Contracts are only as good as the people behind them.

True

Contracts codify the parties' expectations of each other.

True

Currently, some artists license their songs for ads and consider it their "airplay".

True

Currently, subsequent airings on multi-platforms are negotiated in the Sync license for a hit TV show.

True

Demo expenses can be "advanced" by a publisher and then recouped or partially recouped from the songwriter's royalties.

True

Disruption is normal. Publishers adjust and eventually thrive. FEAR NOT!

True

Early music publishers created sheet music and other print product. They were Print music publishers.

True

For centuries, creating sheet music was the primary function of music publishers, now it is not.

True

For hundreds of years, music publishers' income was derived primarily from Print music

True

Foreign income can be collected using Reciprocal agreements between PROs and between Mechanical Rights Societies.

True

Foreign usages of American songs are a growth area for American publishers.

True

Formerly, Artists' music videos rarely generated income directly to a publisher. That has changed due to You Tube.

True

GMR (Global Music Rights) and Sesac are For Profit companies

True

Grand Rights apply to songs that are part of a Live dramatization.

True

Granting the mechanical rights gives permission to manufacture and distribute copies of a song(s).

True

HFA is now owned by Sesac.

True

If a movie goes to DVD, it is the norm for there to be a "video buyout" in the Sync license instead of per-unit payment of the Stat. Rate.

True

If a movie like The Lion King becomes a Broadway musical, the musical is registered as a derivative work.

True

If a musical is a hit, income can be earned from every royalty silo we've studied in class!

True

If a musical is successful, touring it can earn sizeable income.

True

If a writer has a Reversion clause in their contract, they can get their songs back under certain conditions.

True

If an Ad Agency wanted to use an existing recording in a TV commercial they would need to request a Sync license and a Master license.

True

If the recording of a song is longer than 5 minutes, the mechanical rate is $.0175 per minute. You round up e.g. a song that is 5 minutes and 40 seconds long is calculated as 6.

True

If you own 1 song that is legally downloaded 45,000 times you should gross $4,095 in mechanicals.

True

If you wrote a musical about a well-known story in your hometown and tickets were sold for its performance at a theatre there, it could generate Grand Rights royalties. Ancillary products like an album and/or a songbook could follow.

True

If you, a publisher own 1 song that is legally downloaded 45,000 times you should net $2,047.50 in mechanicals after paying out the writers share in a standard 50/50 deal.

True

If your publishing company created a musical about the life of Christ using your songs and staged it in a Branson theme park, Grand Rights would apply.

True

If your publishing company owned all the hit songs written by Hank Williams Sr. you could license them for a Catalog/Jukebox musical.

True

If your song is featured in a Network TV show it should show up in the PRO census.

True

In Europe and Asia, artists' songs have routinely been used in commercials for a lot longer than in the U.S.

True

In Sync negotiations, "everything is negotiable".

True

In a traditional publishing contract, the writer transfers all rights to their songs (including their portions of co-written songs) to the publisher. The publisher owns the songs (or portions thereof).

True

In some foreign countries it is mandatory that you be a member of their Mechanical Rights Society for you to collect Mechanical income there.

True

In the 50s, 60s and 70s many musicals had Hit songs on the radio.

True

In the U.S. the Statutory Mechanical rate is 9.1 cents per song, per unit sold.

True

In video games sold in foreign markets the American songs might be replaced by hits in that country/territory.

True

Intellectual Property, including Music is America's 2nd leading export. It's important financially!

True

It's common that in Christmas Songbooks many of the older songs used are in the Public Domain. If so, they don't require licensing or royalty payments.

True

Jersey Boys is a Catalog musical

True

Kobalt Music is currently acting as a PRO/MRO for digital royalty collection and distribution in Europe.

True

Legal audio streaming, whether it's Interactive or Non-Interactive generates Performance royalties.

True

Licenses to use songs in ads commonly contain an initial term plus options.

True

Licenses to use songs in ads commonly contain some sort of Scope of Exclusivity.

True

Licenses to use songs video games can provide for one payment with additional Sales Plateaus for further payment.

True

MFN = Most Favored Nations

True

Major advertisers will often ask you for a confidentiality agreement when they share the concept of the ad with you while negotiating to use your song.

True

Many foreigners may dislike our politics but they love our music.

True

Many publishing contracts are intended to be viable all over the universe.

True

Mechanicals are due to publishers 45 days after the end of the quarter

True

Most large corporate, multinational publishers no longer earn their largest single percentage of royalties from selling copies of songs.

True

Most of the time, Advances are recoupable.

True

Most publishing contracts consist of an initial term plus options.

True

Music-intensive shows like American Idol or The Voice have larger music budgets than other episodic shows but the individual Sync fees a publisher might receive are not as high as one would think because the budget needs to cover several Feature performances.

True

NIL means; Name, Image and Likeness

True

NSAI helps songwriters with their craftsmanship and also lobbies Congress.

True

Negotiating a Sync license can be about more than just the Sync fee.

True

Nowadays, the license to use an existing song in a Commercial will often include a clause allowing Online ads.

True

Once the new Blanket Mechanical license kicks in on 1/1/21 royalties from Interactive streaming will be part of the royalty structure going forward. Because of this, Mechanical royalties can be viewed as a growth area for publishers and songwriters.

True

One big difference in video game usage is that the consumer often controls the length of the usage.

True

Original underscoring for a video game is usually done on a Work For Hire basis.

True

PRO Weighting factors for TV like Time of Day (T.O.D.) and Usage type (e.g. Feature vs. Background) affect the Perf. royalties they generate.

True

PRO Weighting formulas contain economic valuations of songs performed and detected in their surveys. Some types of airplay are worth more than others in terms of a financial impact.

True

PRO detection of airplay on TV, Radio and major Streaming sites is done on a Census basis.

True

Performance royalties came about as the result of a confrontation in a French restaurant between composers and the owner.

True

Print Music income (through CCLI) is is one of the largest income streams for Christian Music Publishers.

True

Print music industry insiders consider the Arranger to be the "star".

True

Print royalties can be earned from Lyric videos.

True

Publishers may advance money to record and own a Master with the intent that the writer will become a successful artist.

True

Radio 1 and Radio 2 are BMI weighting Factors.

True

Record companies will often ask for a reduced rate for a song on a compilation.

True

Retention defines how long the publisher retains the rights to a song.

True

Royalties from legal digital downloads are of the same category/silo as those from purchases of vinyl records.

True

SACEM was the world's first PRO

True

SGA helps songwriters with their business i.e. reviewing royalty statements and licenses.

True

Some bands have sold more copies of video games using their music than albums of their music.

True

Sometimes the license for a video game allows for a consumer to upload their own version(s) of song(s).

True

Spawn of Satan can be extended to pressure an Artist/Writer's co-writers. That's not in Copyright Law but it happens.

True

Spawn of Satan only applies to the sale of physical product e.g. CDs, vinyl albums and singles. It does not apply to iTunes downloads

True

Station Weight is a weighting factor at ASCAP that rewards performances on the most popular stations in their market.

True

Sub-publishing can be done territory by territory using different sub-publishers.

True

TV music budgets need to be significantly higher if there is an ongoing need to license existing songs as opposed to having no songs in the show.

True

The "term" in a video game license might be Life Of the Game and include potential sequels.

True

The Dramatists Guild is the union for creators of Grand Rights properties.

True

The Harry Fox Agency (HFA) was originally set up by the NMPA to assist publishers with the Mechanical licensing process.

True

The Market size where a song is performed on radio and picked up in the Survey affects its royalty payment. It's a weighting factor.

True

The Mechanical licensing process uses a Statutory Rate that started at $.02/copy and is now $.091/copy.

True

The Mechanical rate for Ringtones is $.24 per unit sold.

True

The Music Modernization Act mandates the creation of a Blanket Mechanical License for Interactive streaming.

True

The Music publishing industry began as a result of the invention of movable type for the printing press.

True

The NMPA stands for National Music Publishers Association, a Trade Org. for publishers.

True

The Performance royalties from music overhead in a large retail store, dance club, coffeeshop and commercial summer camps go into the General Licensing pool at the PROs.

True

The United States' share of global publishing revenue is approximately 1/3.

True

The chances of a Broadway musical recouping the investment are less than 50%.

True

The concept of Music Row is based on Tin Pan Alley which formerly existed in NYC

True

The creators of a Broadway musical often receive an upfront fee and 6% of box office upon recoupment.

True

The global trade org. for publishers is WIPO.

True

The invention of the printing press (especially movable type) resulted in the formation of the music publishing industry. We now had a product to sell!

True

The license granting permission to use a song in a commercial is granted from the the Publisher (Licensor). to the Ad agency (Licensee).

True

The original Napster created a huge disruption for publishers because consumers could download songs without paying for them.

True

The range a Foreign sub-publisher might earn for promoting a U.S. catalog is 25%-50%.

True

The rate for a Foreign sub-publisher who collects royalties but doesn't promote the catalog is usually 10%-15%

True

The timeline for a large seasonal Print product starts a year out.

True

Three (3) types of music found in movies are underscore, existing songs and commissioned songs.

True

Three types of Print publishing companies are; Sacred, Educational and Pop.

True

To use an existing recording in a Sync product, 2 licenses are required: Master and Sync.

True

Two types of Print client are; Institutional and Consumer.

True

Two types of songbook are; Mixed or Matching.

True

Underscores are usually done on a Work-For-Hire basis.

True

Using a song in a Trailer usually generates about a $25,000 Sync fee

True

Video games often use remixes and/or mashups of hit songs.

True

When Black Box funds are released they typically are given to publishers in the territory where they were being held.

True

When licensing a song for an ad, consideration should be given to how the product might "brand" the artist and/or writer.

True

When reviewing a synopsis of a video game for possible music use, the users' point of view (shooter, athlete, driver, etc.) is important.

True

There is no Print Compulsory license.

True (#truth. An agreement must be reached for any usage.)

Deal Memos are a tool used to build a contract.

True (A real Money Saver)

If a typical Sesac songwriter's contract renews, they cannot resign until 6 months prior to the end of the 3rd year. They're stuck for 3 more years.

True (Correct. Sad but true! At BMI, you'd be stuck for 2 more years. At ASCAP just 1 year.)

The largest singular sources of Performance royalties are Radio and TV airplay.

True (FWIW We hope that Streaming rates will rise significantly so that they will become a primary royalty source since streaming is the primary consumption model now.)

Music in a network TV show can generate Sync and Performance royalties.

True (Good work. The Sync license is for creating the product. Other royalties may be generated depending on the product usage.)

The existence of a Movie soundtrack might allow you to accept a lower Sync fee than you initially wanted.

True (Soundtracks involve mechanical licenses and you can negotiate additional songs onto the soundtrack that were not in the film)

Publishers rarely negotiate the actual songwriter contract.

True (True. Lawyers do that, with your input)

Legally, an artist's music video normally requires a Sync license. It's an audio/visual product.

True (Yep, good job. Even if the Artist wrote or co-wrote the song. Remember, many artists cover songs written by someone other than themselves.)

If a writer gets an advance they are receiving their own money ahead of earning it.

True (Yep, that's the definition of an Advance!)

Print royalties can be earned through church usage.

True (Yeppers! CCLI royalties can be MAJOR for Christian music publishers.)

The key to sizable Print income is volume sales, having lots of songs in lots of products.

True (Yup, you need a lot of songs out there selling well.)

Select ONE answer. What deep Truth is contained in the motto of NSAI, "It All Begins With A Song" ?

Without songwriters and songs there would be no music industry.

Select ONE answer. In the document, "KEEN ON PUBLISHING" it is stated that...

music is important culturally, economically and spiritually.