Music Business Final

From the author's viewpoint, who is in the best position to handle the act's money?

personal manager or business manager

Under the first sale doctrine of U.S. copyright law, it is generally legal for someone to______.

sell the physical copy of a recording regardless of who owns the music itself

The main goal for film scores—which is music in movies—can be described as_____.

serving as the metaphorical glue that holds a movie together, augmenting and enriching the audience experience providing transitions for each scene in the movie

The term cut-in most commonly refers to_____.

sharing of the revenue from a copyright with a party who doesn't own the copyright

Fan magazines have relatively small circulations but are sought after publicity placements in music marketing because_______.

their audiences are proactive consumers

The trend is to release a recording at the same time around the world _____.

to thwart piracy by making legitimate recordings available at the same time

Background singers on a major hit album might earn contingent scale payments of more than 10 times the scale payment they received from the original recording session.

true

California law prohibits personal managers from procuring employment for their clients.

true

One main use of analytics is to gain intelligence on record sales.

true

Only a small portion of the public is interested in classical music, and classical recordings sell in low quantities.

true

The MTV music channel around the world exposes U.S. music to other countries and vice versa.

true

recording contract that gives the label a cut of revenue from licensing artist products such as T-shirts with the artist's picture or band's logo is called a _____ deal.

360

Regardless of eventual royalties that might be earned, it is commonplace for royalty artists to be paid for a recording session an amount that is _____.

3x scale

Historically, after deducting certain out-of-pocket or third-party costs, what has been a typical amount a record company shares with an artist for recordings that are licensed for other than direct sales to consumers, such as license fees paid for masters licensed for synchronizing with motion pictures?

50%

Typically, the publisher of a song shares at least this much of the net mechanical royalty with the writer or writers.

50%

A U.S. copyright in a composition created in 2016, and not a work for hire, extends for how many years after the last surviving author's death?

70

Which of the following statements is most likely applicable when licensing live music at a major hotel?

A blanket license is needed.

When video game companies use popular hit music in video games, the game company usually insists on what in the music licensing deal?

A fixed-sum buyout of rights

Which of the following statements is most applicable for a new opera debuting at the Met?

A grand rights license is needed.

What is an inaccurate statement about a mechanical license?

A mechanical license only applies to phonorecords.

Define demography (sometimes referred to as demographics), and list some of the traits it could cover.

A statistical view of a population, generally including age, gender, income, schooling, occupation and so on .

Which of the following statements is most applicable for a motion picture film score for a movie shown in U.S. theaters?

A synchronization license is needed.

Which of the following statements is most applicable for Muzak programming heard in a supermarket?

A transcription license is needed.

The name terrestrial radio describes which delivery technology?

AM and FM stations

Explain the difference between "above-the-line" and "below-the-line" in making commercials.

Above - creative fees , talent & below + expenses such as studio rentals, scale paments to union artists, music coping and recording incidentals

For music produced for commercials, what party is responsible for filing work reports with labor unions and coordinating with a third-party payroll service?

Advertising Agency

When may a songwriter register a copyright for a song?

After the song is written

Few publishers will accept a negotiated mechanical royalty rate from record companies.

False

In the early days of radio, the programming was virtually all prerecorded music.

False

Musicians who establish themselves as star performers generally don't have to join a union as their career progresses.

False

Radio is no longer important in the promotion of recordings because it has been replaced by music TV and social media.

False

Songwriters of hit songs are usually advised to create songs as "works for hire" because this arrangement guarantees them big royalties that continue for decades.

False

The AHRA and DMC copyright acts, targeted to halt the tide of illegal digital downloading, succeeded in this mission.

False

The CD was eclipsed in the digital millennium by streaming and downloading because the compact disc was an analog format.

False

The DIY artist is pretty much alone without online tools to help provide promotional support for music distribution.

False

The fundamental distinction between "grand rights" and "small rights" is the relative size of the use fees.

False

The growing popularity of the Creative Commons license since 2001 has led to widespread adoption by music publishers because of the simplicity of rights administration.

False

The rise of P2P file sharing in the 1990s boosted the overall sale of CDs in the United States due to greatly heightened consumer awareness of new artists.

False

The rise of streaming as a delivery mechanism is more lucrative for artists than the download business model because royalty rates (per listening experience) are proportionally higher.

False

The symbol ℗ stands for "performance."

False

The union encourages "spec" recording sessions.

False

Tin Pan Alley was the nickname used to describe the biggest entertainment industry law firm operating in New York City.

False

Unlike the featured artist on a recording, a record producer typically earns a straight salary and not a royalty.

False

Unlike their counterparts in smaller cities that are classified as 501(c)3 charities, large symphony orchestras in the United States typically are profit-making ventures, returning to their cities of origin dividends amounting to 10% or more of gross ticket sales.

False

When a song is played on AM or FM radio, the writer's performance royalty is paid to the songwriter by the publisher.

False

Your text asserts that when a songwriter creates a song for a pop artist, it is usually in the songwriter's interest to have the performing artist apply for the copyright because he or she has more clout to protect it legally.

False

Describe the process and personnel involved in doing the "final mix" for a movie score.

Following the music recording sessions which last several days, the music is combined with dialogue and sound effects in dubbing sessions, This final phase of sound synch is rerecording, is mostly concerned with setting relative sound levels and making final choices regarding the music and sound including whether some segments need to be recut, the composer , music cutter and sound effects person and one to three engineers or mixers attend these dubbing session.

A "sunset clause" in an artist management contract provides a roadmap for an orderly de-escalation of the financial obligations between the artist and manager.

True

A Spanish language version of a Walt Disney movie would be considered a derivative work.

True

A club's blanket license is based, in part, on its seating capacity and weekly budget for music.

True

A major label acquiring a master recording from an independent producer must pay musicians (retroactively if not already paid) the relevant AFM and SAG-AFTRA scale and contingent scale payments.

True

ASCAP does not handle grand rights for its members.

True

About half of the applications from qualified music organizations that come to the federal funding agency National Endowment for the Arts (NEA) end up receiving grants.

True

All résumés should be sent out with an accompanying cover letter asking for an interview or audition.

True

An orchestra musician at a major symphony can earn $80,000 to $100,000 a year, which is a decent full-time wage.

True

Anyone may make a recording imitating or mimicking the sound of a commercial release without owing a sound recording royalty to the original artist or label.

True

As a practical matter, successful booking agents serve the interests of two different parties, the artist and the talent buyer.

True

BMI's first affiliates included songwriters from many genres of music that had not been previously represented by performance rights organizations, including jazz, R&B, country, gospel, and folk.

True

Background music is also called "elevator music."

True

Because U.S. labor unions insisted that their members receive fees for every reuse of recorded music, the production music library business historically turned to overseas musicians who did not require such fees.

True

Because advertisers are most attuned to the words in commercials, background music is arranged to be muted to "stay out of the way of the words."

True

Because of copyright law, under certain circumstances the employer may be considered to be the "author" if the employer engaged a person to perform on a work-made-for-hire basis.

True

Because stadiums with seating of 30,000+ are usually sports facilities, they require extensive setup/tear down for performing stages when used for concerts.

True

Cable TV systems in the United States generally operate under a compulsory blanket license for music.

True

Classical music musicians have agents and others who negotiate their deals for performing, much like pop music artists.

True

Despite their fame and clout in negotiations, most big stars remain subject to the rules set forth in collective bargaining agreements negotiated by a union.

True

Even in the do-it-yourself era for songwriter-performers, it is highly advisable for songwriters to have a contract with a company recognized as a music publisher, whatever its size.

True

In a seminal test of the concept of giving music free to fans who decide how to pay for it, it was estimated that 60% of fans downloading the Radiohead release "In Rainbows" from the band's website in 2008 paid nothing for the download.

True

In an all-in deal between an artist and label, the producer's royalty comes out of the artist's royalty.

True

In an open shop, employees who are not members of a union are subject to the same wages and conditions as those employees whose union negotiated a collective bargaining agreement.

True

In the music business, songwriters want their work to be exploited by others.

True

Most company failures stem ultimately from bad management and not other issues such as marketplace conditions.

True

Most of the artists signed by labels in the last nearly 50 years never recouped the costs of their recordings.

True

Negative tour support is the money the label has advanced to make up for financial deficits the artist incurs while on tour.

True

Performance rights organizations find it impractical to survey performances in venues such as clubs and hotels.

True

Print music publishers initially feared radio's impact because it could shorten the period a hit song would be a big seller.

True

Record company publishing affiliates may acquire catalogs from other publishers or writers.

True

Self-contained groups recording for a major label are typically subject to union contracts that deal with issues not addressed in royalty artist contracts.

True

Some independent publishers focus only on collecting royalty payments.

True

Songwriting is such a competitive field that most starting out find it necessary to work another job for steady income.

True

The Audio Home Recording Act (AHRA) stipulated by whom and for what purpose digital copies could be legitimately made.

True

The Harry Fox Agency (HFA) will accommodate requests for royalty sharing of split copyrights.

True

The advent of digital recording equipment allowed high-end recordings to be made without incurring high-end production costs.

True

The bulk of contributions to nonprofit arts organizations today come from individual persons, not institutions.

True

The composition, orchestration, copying, and recording of music is called scoring when applied to films, TV programs, video games, and other visual works.

True

The playlists of radio stations with oldies formats are not tracked closely throughout the music industry.

True

The smaller the venue, the more equipment it tends to supply to visiting artists because small-time artists generally lack tour equipment.

True

When "weighting" the value of sampled performances, ASCAP takes into account whether the music used was theme music or background music.

True

When advertisers license popular songs for use in their commercials, they might change the lyrics from the original but are required to get permission from the copyright holder for such alterations

True

he amount and substantiality of the portion of a work used without the author's permission is one of several factors used to determine whether exploitation of a copyrighted work is "fair use" and thus permitted.

True

The ultimate authority for U.S. copyright law is the______.

U.S. Constitution

Which statement is true?

Unions negotiate wages and working conditions.

What party is customarily responsible for licensing performance rights for music used at a concert?

Venue

Your textbook argues that a songwriter should not permit reassignment of publishing contracts by the publisher unless the new publisher_____.

agrees to assume all responsibilities under the contract

The parent advisory logo (PAL) is placed on some recorded music products to ______.

alert potential buyers of lyrics with strong language, violence, sex, or drug use

Career advice from professionals and educators is not always accurate because they_____.

are not necessarily knowledgeable about all industry segments

To try to make a profit from recording deals, some organizations ______.

create their own record labels

When a producer of a commercial agrees to a "package deal," the producer agrees to_____.

deliver a commercial for a specified fee

Throughout much of the 20th century, the technological changes that affected the industry were primarily the phonograph and broadcasting. As the 20th century gave way to the 21st, a third new force took the stage. What was that force?

digital

Most recordings at major music labels turn a profit.

false

In 2014, the number of legal music downloads in the United States was___________.

greater than 1 billion

The digital revolution that reduces costs for marketing and distribution globally particularly helps independent labels and emerging artists with small budgets in all of the following except _____.

making wall postering easier

Under U.S. copyright law, a phonorecord would be the best term to describe a______.

material object containing a sound recording

Union singers working on a national broadcast commercial are usually paid additional fees when the spot airs_____.

more than 13 weeks

Each individual placement point of production music in an audio-visual work is called a_____.

needle drop or cue

Your textbook advises that an artist's contract with a personal manager should be_____.

non-transferable

In what year did global revenue from nonphysical formats achieve rough parity with physical format sales of recorded music?

2014

Under the AFM definition, what is the minimum record royalty an artist must receive in order to be classified as a royalty artist?

3%

Popular music publishing first became big business at about what time?

1900

Compact discs (CDs) were first introduced commercially in what decade?

1980s

Give an example of a large non-record label company in the digital era that has achieved significant market share in the global music business. Describe their influence/importance in the music business.

Apple was not originally a lable. They were simply an electronics company who advanced the sales of digital music. Apple has given the chance for all artist to be represented. They let anybody who is intrested in selling their own music sell. They have given freedom to the artist without the weight of being under a real lable.

Being a music editor who prepares music scores before they are printed is often a fallback career for persons who start out in which of the following?

Arrangers and composers

According to the representative organizational structure illustrated in your text, if a dispute arises who generally has the ultimate authority for decisions for a major act?

Artist

What career choice touches on music performance contracts, intellectual property rights, copyright and trademark protection, rights of publicity, and artist representation agreements?

Attorney

A large publisher's copyright department will perform a number of tasks. Which one of these tasks would typically not be performed by that group?

Auditing the writer's share of performance royalties

What was the drawback of estimates for record sales that were published in widely circulated charts years ago?

Back in the day their was not much technology, so the information was limited. The sampling pool was small, so the demographics were not completely accurate. Also PD's could have played the system through manipulating the plays on the radio.

Explain the term "billing" as used in the entertainment industry.

Bill matter refers to the prominence and position of an artist's name and slogan on the posters for a performance

Which one is not an important social media website today where fans sound off about music preferences?

Billboard

Because music videos are of such short duration, video producers are not required to have a synchronization license from the publisher of the music.

False

Because of conflict-of-interest rules, it is illegal for an artist's attorney to manage the artist's publishing company.

False

Because of its unique nature, the different systems and subsystems of the music industry are so self-sufficient that success or failure in one part of the system has little impact on other parts of the system.

False

Audio content from production music libraries is almost never licensed for use in_____.

Broadway musicals

Explain how street teams promote concerts.

By placing posters in prominent locations with heavy foot traffic such as restaurants, taverns, night clubs, shopping malls and so on. They also pass out fliers to pedestrians in an attempt to draw attention to the concert .

Which would be the overall better deal for an artist in a recording contract?

Can't tell without more information

Which of these musicians worked as a composer in the Brill Building in New York?

Carole King

For which use below would a mechanical license be inappropriate?

Commercial radio broadcast of nondramatic music

Talent agents or booking agents typically engage musical artists for what kind of work?

Concerts or club dates

Because of the Berne Convention, a copyright registered in any country automatically has copyright protection throughout the world.

False

In brief, describe "crossover" in the context of serious music.

Cross over music is when an artist from a different genre comes and performs another kind of genre. For example Taylor Swift, crossed over from the country music scene in to pop, and Josh Groben crossed over from the classical scene to the pop, and Sara Brightman came from the musical theater scene into classical music.

An important task of music business research is to compile consumer data by age, geographic location, gender, income status, and ethnicity, which is known as _____ information.

Demographic

The expression DSP stands for:

Digital Signal Processing

A copyright is not valid until registered in Washington, D.C.

False

A movie score is finished often before a film is shot so the music can be used in advertising and film trailers.

False

A nonprofit arts organization can be expected to cover costs by ticket sales if well run.

False

A pseudonymous work cannot be protected by copyright because the true author is not clearly identified.

False

What day has been designated Global Release Day for recorded music?

Friday

Describe the phrase "papering the house".

If a production isn't selling strongly during its early performances, producers will often distribute free tickets in the hope of boosting audiences and sparking good word of mouth

When did singers in the United States generally come under union jurisdiction for music videos released by some of the larger record/entertainment companies?

In 2012, when music videos were becoming relatively less critical than in earlier years

The American style of music first became a world style at what time?

In the 1940s, as World War II spread U.S. culture

Which one is not among the three basic types of structures to first launch a business?

Initial public offerings (selling shares through a stock market)

What is "song casting"?

It is basically like an audition for songs, to see who wants them and who doesn't.

Offer a brief explanation of what it means when we say the "music dollar" flows from one sector of the industry to another sector.

It means that in the music industry, there is a lot of work that is done. It's not only the artist that makes the money but also those who help produce the music, promotions, recordings and legal works as well.

How did the term mechanical originate in the music business?

It was originally a license to reproduce music through a piano roll for a player-piano

In 2012, Clear Channel (later named iHeart Media) and record label Big Machine cut a deal that was significant for what reason?

It was the first time a label would directly collect negotiated performance royalties from a U.S. broadcaster.

After the United States, the second-largest market for recorded music is which territory? _____________

Japan

What equipment is almost always supplied by venues for touring concerts?

Loudspeakers

What are some qualities and competencies that should be sought by an artist in a personal manager?

Loyalty , friendship, good managing of previous artists, big connections in the industry

Which of the following is not recommended in scripting TV commercials?

Make various versions, each with a different look and feel.

Which one is typically in a résumé?

Making work experience as impressive as possible

The organization that represents recorded music retailers is known as the _____.

Music Business Association (formerly NARM)

A balance sheet that presents a company's financial position does not contain entries for_____.

Net Profit

What is the difference between "new use" and "extended use?" How does SAG-AFTRA handle it?

New use are added wages when a song is used in a different medium than originally intended, extended use is when song is used for longer than intended period. The organization pays the artist.

Songs being played on radio and TV channels are tracked by_____.

Nielsen Broadcast Data Systems (BDS), as well as Mediabase

Which one of the following is most likely not a strength to utilize in the marketing of a recording release?

Nonstop touring built up the artist's fan base.

In brief, describe how digital technology has leveled the playing field, reducing the competitive advantage that major record labels have over competitors.

Now artists can record their own works at home. The quality of home recorded music on computers are just as good as what was professional. They can also do their own marketing and promotions online with youtube and other forms of social media.

A provision of the Taft-Hartley Act frustrates music unions primarily for what reason?

Performers in some venues are classified as independent contractors, not employees.

What job function is least likely to be handled by union workers in unionized performing facilities?

Publicity

Who pays the writer his or her share of mechanical royalties?

Publisher

A "development officer" (or director) handles what function at a performing arts organization?

Raises money from donors

Which three segments of the U.S. music industry are the biggest, in terms of annual revenue?

Recorded music, instruments/equipment, and concert tickets

What are the duties of the A&R rep (artist & repertoire)?

Searches for talented individuals, Evaluates talent and match with potential audience, Signs talent to label with executives approval, Finds a song for the artist, Helps facilitate relationships within the label and the artist , Provides input for artist career, Finds suitable producer and recording studio, Plans the recording budget

Which two large companies initially collaborated on the introduction of the CD format?

Sony& Phillips

Name at least four types of venues that a touring musician might play, in addition to night clubs.

Stadiums, Amphitheaters, Festival sites, theaters,

Describe how the major studios approached film scoring in Hollywood's Golden Era of the 1930s and 1940s

Studios had composers on a salary full-time. Each major studio had a staff orchestra of almost symphonic proportions, reqired because of the perferred musical style was neo-romantic. Producers would explain what they wanted music that sounded like Debussy and other european composers.

While revenue from the DIY model might seem very attractive at first glance, artists should keep in mind their direct income could reasonably be reduced by expenses for all except which expense item?

Synchronization licenses

Instrumentalists recording music for a major label release perform work covered by union contracts negotiated by which entity?

The AFM national or "federation" office

Explain briefly why members of the Dramatists Guild of America should not be regarded as members of a union.

The Dramatists Guild is best thought of as a trade association and not a union . Its members are not considered employees.

Which one is best known for licensing little-known independent music, which is the province of DIY artists?

The TV and movie business

Describe in brief the history of government funding of symphonies and operas in Europe and the United States up to the 1970s.

The UK offers governmental subsidies, because of the popularity of classical music. On the other hand the united states support for the arts has been near zero because of the lack of interest in classical arts. Our government supports the arts through grants or tax benefits for donors.

If a singer-songwriter has a major recording contract, a copublishing deal with the label-affiliated publishing company might likely have this characteristic:

The artist gives up 50% of the writer's income share to the publisher.

Copyright vests initially with whom?

The author

Describe in detail the significance of the Rosa Blasi case for the music industry. Who did the outcome favor and why was it important?

The case protects artists against greedy managers. An artist's manager can only get a certain percentage of the artist income. If they go beyond the certain percentage they are breaking the law. The court favored the artist.

Define "four-walling" of a facilities rental in one to two sentences

The promoter takes all the ticket sales money and assumes full financial risk.

When the composer views a film for the first time, a certain routine usually follows. Explain what other colleagues from the film are likely to join in that screening, and briefly explain the spotting process.

The company producer, director , film editor and music editor. The director and composer watch the film roll by roll and identify the turning points , and changes in mood They discuss where the music should not be used The music editor listens to the conversations and makes notes and comments of what the other two have decide The music editor gives the composer spotting notes which specify where each cue will happen when in the movie. The composer reviews the first part of the agreed on fee

In the case of a hit song from the 1960s, who would receive a royalty if it were played on an FM radio station in Chicago today?

The composer

What are some major areas of responsibility of a personal manager?

The manager help advise the artist on which gigs to take and what not to. Also gets the artist started in their career. They lobby A&R to get projects done for the artist.

Who owns the U.S. copyright in a new arrangement of a copyrighted work?

The original copyright holder

Discuss some of the major factors that led to the boom in the U.S. record business in the 1950s through 1970s.

The soldiers were coming back from the war, and wanted to play, and buy music. Also those countries that were in the war were also influenced by the american music. So it ended up bringing in more record sales.

Describe some common characteristics of a well-crafted song.

The song has a well crafted tune, it also has a hook that is catchy, and it's lyrics are easily remembered.

Your textbook argues that the music industry is "almost unique" because of what characteristic?

There is a rapid change of product.

Under U.S. copyright law, if there are two composers and three lyricists for a song, they must share the royalties according to which formula?

There is no specific allocation dictated by law

How do royalty-free music libraries earn revenue?

They claim performance and mechanical royalties

Concert juggernaut Live Nation also owns this business.

Ticket Master

Which of the following is not normally among the duties of a music supervisor?

Write original music to plug small, unexpected gaps as they arise.

opular music was considered the voice of the 1960s generation. Does music still have the same political and social power that it did?

Yes

The performance rights royalty fee that is charged is typically priced as _____.

a small slice of gross ticket sales

When Make Believe Ballroom debuted, it signaled_____.

a threat to live music on the radio

The usually-cited economic attraction for those who license production music is that they can_____.

bargain for unlimited use

Why do venues only offer a limited choice of equipment, leaving the touring artist to bring in much equipment?

because stage equipment is personal choice , it is difficult to fulfill all equipment requests from the stream of artists passing through and portable on stage equipment can get damaged or disappear.

The word payola in the music business refers to_____.

bribes

In scoring for film or other visual works, the steady audio beat that is generated by computers to aid in synchronization of music and visual is known as the _____ _____.

click track

A key element to a good marketing program for a recording release is having a memorable element that grabs consumers' attention, which is called a _____.

hook

Persons who are self-employed—meaning they don't take full-time staff jobs on the payroll—are known as _____ contractors.

independent

A company name, which can be trademarked and legally protected, can be among the creative assets of a company known as _____ property.

intellectual

If, as part of a contract negotiation, one party "takes points" in the deal, what does that mean?

is the percentage of royalties a producer gets for working on an album

Under U.S. copyright law, a musical work is "created" when______.

it is fixed in musical notation or recorded on a phonorecord

Music that accompanied silent films in the early days of the motion picture was usually presented by_____.

small orchestras, pianos, or organs

In some booking contracts, the promoter and the act agree to divide all box office revenue between them after it reaches the _____ _____, with the artists typically getting the lion's share.

split point

The RIAA strategy of suing copyright infringers for illegal downloading was________.

successful in winning civil judgments against some infringers

The largest audience for serious music in the arts sector is for_____ .

symphonic orchestra

n the late 1990s, many experts forecast the digital revolution would quickly provide sizeable revenue to the music industry, but that did not happen rapidly because of_____.

the lack of infrastructure and caution by record labels

The most common source of funding for a startup business is_____.

the owner and his or her associates