MP FINAL (midterm + test 3) (GET THAT B)
You, a publisher own 50% of a co-written song sold as sheet music for 99 cents. The rate is 10%. Your publisher's net share from the sale of 103,000 copies is;
$2,549.25
You, a publisher own 100% of one song and 50% of another song in a songbook containing 20 royalty-bearing songs that sold for $19.98. It sold 350,000 copies. What is your pro-rata share of net income if you negotiated a 10% rate?
$26,223.75
Some of the challenges of Foreign publishing are . language barrier b. technological capability and compatibility c. Citizens of foreign companies rarely consume American music. d. different customs and laws e. distance and time zones
. language barrier b. technological capability and compatibility d. different customs and laws e. distance and time zones
Which of the following legally requires a Mechanical License (permission to use) ? A song is on an album done for charity. A major label songwriter/Artist records another writer/artist's song. As of Jan. 1, 2021, Interactive streaming a song(s). A Belmont (student) artist records another songwriter's song for their independent, commercially released album. Non-interactive streaming.
A major label songwriter/Artist records another writer/artist's song. As of Jan. 1, 2021, Interactive streaming a song(s). A Belmont (student) artist records another songwriter's song for their independent, commercially released album.
Which of the following statements is true? Both Writers and Publishers can simultaneously be members and affiliates of as many PROs as they want. A Publisher can be a member or affiliate of only 1 PRO at a time. A songwriter can only belong to 1 PRO at a time. A Publisher can be a member or affiliate of more than one simultaneously. A songwriter can belong to as many PROs as they want to at the same time.
A songwriter can only belong to 1 PRO at a time. A Publisher can be a member or affiliate of more than one simultaneously.
Match each PRO with the Term (length) of its Songwriter's contract.
ASCAP - 1 year BMI - 2 years Sesac- 3 years The term is often tied to recoupment of Advances given - GMR
Match each PRO acronym to its full name.
American Society of Composers, Authors and Publishers - ASCAP Formerly, Society of European Stage Authors and Composes - SESAC Broadcast Music Inc. - BMI Global Music Rights - GMR
In Paragraph 11 of the provided Mechanical License found in the Docs 4 Quizzes and Tests folder on your Bboard, for what are you (the publisher) granting or not granting permission?
Among other things, you are forbidding the use of the song lyrics to promote any services or products. This could mean no advertisements or promotions other than promotion of the recording itself. Among other things, you are granting the Print Rights for the lyrics at no additional charge. But those rights are limited to inclusion in the liner notes and/or album packaging and/or an artist or label site that is promoting the recording.
Computing royalties where they are earned is known as:
At source
Which of the following generates Grand Rights royalties? A Passion Play in Branson MO featuring your songs (no PD songs). All shows in a Theme park A Broadway musical on tour An Opera A ballet A Broadway musical Disney On Ice A Concert in a Broadway theatre
Broadway musical on tour An Opera A ballet A Broadway musical Answers: A Passion Play in Branson MO featuring your songs (no PD songs) Disney On Ice
Which of the following is an organization or Licensing Agency for Publishers?
CMPA CCLI NMPA
Which of the following uses of songs legally requires a Performance license? Terrestrial radio Music in a Film being broadcast on network television. Cover bands playing in bars. Streaming. Overhead music in a gym. Merch being sold at a Live Concert. Live or recorded music being played in a restaurant. Music in a Film being shown in American Movie Theatres.
Cover bands playing in bars. Streaming. Overhead music in a gym. Live or recorded music being played in a restaurant.
"At source" means where the song is written.
F
A Compulsory Print License allows someone to arrange and sell sheet music of your song even if you've denied them permission.
F
A Controlled Composition Clause (the Spawn of Satan!) is a clause in a publishing contract transferring control of the copyright to a publisher.
F
Alternative Compensation in a Sync license is defined as Bitcoin Currency.
F
An emerging practice of American publishing companies is to offer Artist Development
F
Black Box monies are fines paid for illegal copyright usage.
F
Fair Use Doctrine exempts churches from any License requirements when they use lyric re-prints in their worship services.
F
It never makes sense to give a foreign sub-publisher partial ownership in a version of your song that they translate and obtain a recording of in their territory.
F
Music in best-selling Video Games doesn't produce enough royalty income to justify a publisher pursuing it.
F
Once your song has been released on an album you cannot refuse anyone who asks to use it in a movie.
F
The PROs consider all Performances to be equal in financial value.
F
The statutory Print rate is $0.91 per unit sold.
F
The statutory synchronization rate is $.0175 per minute if the use is longer than 5 minutes.
F
When a TV show is Syndicated a publisher always receives additional Sync fees for their songs in the show.
F
When other countries use American copyrights, they are required by law to use our songs according to American practices, customs and laws.
F
Win/Win relationships dictate that you should make sure the other party gets everything they want when you negotiate.
F
A Songwriter's PRO contract automatically terminates at the end of the Term.
F - Nope. The songwriter has to activate the Resignation process.
If the Music Super won't give you, a publisher the Sync fee you need it might be a good idea to request that additional songs you own be placed on the Soundtrack to possibly make up the difference or... they use additional songs you own in the movie without additional Sync fees to you.
F Half of that is true. Remember, more songs IN THE MOVIE = MORE Sync $ for the publisher.
On page 1 of the provided Mechanical License found in the Docs 4 Quizzes and Tests folder on your Bboard, which of the following answers are correct?
If the song is co-written, whomever is filling out the license should list all co-writers to insure proper and expedient royalty flow. If the song is co-published, whomever is filling out the license should list all co-publishers to insure proper and expedient royalty flow.
What are questions you would want to ask a Music Supervisor who wants permish to use your existing song in a TV show? Length of usage. Any plans for Syndication? Type of usage (Theme, Feature, Background). Repeats? How many times will the song be used? Synopsis of the scene.
Length of usage. Any plans for Syndication? Type of usage (Theme, Feature, Background). Repeats? How many times will the song be used? Synopsis of the scene
Which of the following is the newest source of publishing royalties a. Lyric videos b. Sound Exchange royalties c. Lyric re-prints in churches. d. Illegal downloads e. NIL
Lyric videos
When the Original Cast Recording from a Musical is sold what Royalties does it generate? Mechanicals Grand Rights Performance Sync Print
Mechanicals
What Restrictions would you, a publisher look for in your contract with a songwriter before licensing their song for Sync use? Spawn of Satan clause A list of all P.D. songs (songs in the public Domain). No extreme violence No R- or X-rated sex scenes. Lifestyle restrictions e.g. the writer is Vegan and forbids use of their songs for meat products. No personal hygiene products.
No extreme violence No R- or X-rated sex scenes. Lifestyle restrictions e.g. the writer is Vegan and forbids use of their songs for meat products.
A songbook containing songs from various musicals generates which type of royalties?
Select ONE factor about Music in Video Games which differentiates it from other Sync products. Quite often the consumer controls the Length of use depending on how long they are at a certain "level" in the game. The type of usage (Feature, Background, Theme) is important. The Territory can be "Universe". Ancillary products like Tee-shirts are often created.
Quite often the consumer controls the Length of use depending on how long they are at a certain "level" in the game.
Which of the following statements is NOT true concerning Print royalties Lyric re-prints projected on a screen in church worship are not exempt from licensing requirements under the Fair Use Doctrine. b. Reduced statutory rates are common c. NIL usually costs around 5% d. P.D. songs affect the royalty payout e. The range of Rate negotiated is commonly 10%-15%
Reduced statutory rates are common
Match each PRO with its ownership and criteria to join.
Songwriters and Publishers. Technically a songwriter must have a published song to join. But that requirement can be waived. - ASCAP Broadcasters. Open to any songwriter who wishes to join. - BMI Investors. Invitation only - SESAC A private company owned by Irving Azoff. Invitation only. Very elite. - GMR
A Compulsory Mechanical License allows someone to record a published song of yours without your permission.
T
A foreign sub-publisher may garner a more favorable income split when they obtain a local cover
T
A publisher may strike a deal with a foreign sub-publisher to represent them worldwide or just in certain territories.
T
A valid formula for computing a publisher's net royalty income from the sales of a Songbook containing one or more of their songs is; Units sold x Sales price x Rate divided by royalty bearing Songs in the book x Songs owned in the book = Gross divided by 2 (Split royalties between Songwriter/Publisher = Publisher Net
T
Audio Feature Premium, Station Weight, Market Size and Radio 1 or 2 are examples of PRO/MRO weighting factors.
T
Black Box money is eventually distributed to members of the society where the royalties are being held
T
CCLI is a licensing organization.
T
CMPA is the Church Music Publishers Association
T
Catalog musicals are often created from a group of songs owned by one entity (such as a publisher).
T
Currently, the Top 5 Countries (in random order) consuming American music are: Japan, U.K., Germany, France, Italy
T
Grand Rights apply to music featured in a live dramatization.
T
It is common for the TV or Film Underscore to be done on a Work-For-Hire basis.
T
Many wise publishers pro-actively create "catalog musicals" for Broadway. It's a growth area.
T
Mechanical Royalties used to provide revenue somewhat equal to Performance Royalties. Currently they do not.
T
Membership in foreign mechanical rights societies is sometimes mandatory if you want to collect mechanicals there. One way for an American publisher to deal with that is to use a sub-publisher.
T
NMPA is the acronym for the National Music Publishers Association.
T
Performance Royalties are the largest stream/silo of income for most large multinational publishers. (Recently, ASCAP and BMI have each collected over a billion dollars in annual revenue.)
T
SACEM in France was the world's 1st PRO. ASCAP was the 1st American PRO.
T
Sound Exchange is a Performance Rights organization that represents phonorecord owners, artists, producers, engineers, session players and singers. Sound Exchange collects & distributes digital Performance royalties to them.
T
Sync fees are to publishers (Song owners) as Master License fees are to labels (owners of sound recordings of songs).
T
The 5 major international publishers are Sony, Warner Chappell, Universal, Kobalt, BMG. (Random order)
T
The American PRO's have reciprocal agreements with foreign societies to collect royalties.
T
The Harry Fox Agency (HFA) was started by the NMPA to assist publisher members in Mechanical licensing and royalty collection & distribution of Mechanical royalties. HFA is now owned by Sesac.
T
The Mechanical Licensing Collective was created in the MMA to facilitate a new license that went live on 1/1/21. Its HQ is in Nashville.
T
The Music Modernization Act (MMA) mandates a new Blanket Mechanical License in the U.S.
T
The creators of a Broadway musical are often paid a fee upfront plus a % of box office or from a pool of 35% of box office.
T
The current statutory mechanical royalty rate is $.091 per song/per unit sold unless the song is longer than 5 minutes in length.
T
The existence of a Soundtrack from a Film might allow you some "wiggle room" when negotiating a Sync fee
T
The new MLC license applies only to Interactive Streaming.
T
The party responsible for obtaining a Performance license is the venue, broadcasting network or streaming site not the band, artist or songwriter.
T
There is no Compulsory Foreign Synch License.
T
Traditionally, a terrestrial radio station's PRO license is based on a percentage of advertising revenue.
T
Translating a lyric generally requires rewriting it in another language because literal translations won't work.
T
Two licenses are required to use an existing recording in a movie: Synch and Master.
T
WIPO acts as the worldwide publishers' trade organization
T
When a Musical is a Hit, royalty income can be generated into every silo we've identified.
T
When negotiating a Sync license it is wise to consider the potential value of Alternative Compensation, meaning that the negotiation can be about more than the amount of the Sync fee.
T
Win/Win negotiating describes a mindset whereby you eschew adversarial tactics and go into the negotiation with a strong desire to create an agreement that works for both partie
T
You, a publisher own 100% of a song being sold as Sheet music. A valid formula for computing Print royalties for sheet music sales due from a sub-publisher to you the Publisher is:
T
n a Sync license for TV, it is common for the publisher to grant the rights in the license for perpetuity. However permission to use the music is often restricted to a certain episode.
T
Use the the provided Sync and Master License in the Bboard folder titled Docs 4 Quizzes and Midterm to select ALL correct answers below.
The Licensor is the Publisher. The Licensee is the Film company.
What is it about a musical product that would qualify it for and/or legally require a Mechanical License? The consumer can own or "possess" a copy. The song is P.D, in the Public Domain. The Rights to Manufacture and Distribute must be licensed. The song is published in any form or format. The consumer needs a "mechanical device" to experience the recording of the song.
The consumer can own or "possess" a copy. The consumer needs a "mechanical device" to experience the recording of the song
In the provided Mechanical License found in the Docs 4 Quizzes and Tests folder on your Bboard, what permission(s) are you (the publisher) granting in Paragraph 2.C.
They can use 1 recording by the Artist in any of the formats listed above in Line I. They are to designate a phonorecord # for each format used.
What questions would you ask the Music Supervisor of a Movie who wanted to use your song in their film Foreign Distribution? Synopsis of film and scene in which the song will be used. Length of usage and how many times (repeats). Any plans for Syndication? Type of Use (Opening credits, Feature, Background, End title)? Star power.
Type of Use (Opening credits, Feature, Background, End title)? Foreign Distribution? Synopsis of film and scene in which the song will be used. Length of usage and how many times (repeats).
In Sync, what does it mean to a publisher when we say Speed Wins? Using the emerging practice of Label Services. If you own both the Song and the Master you can offer both licenses in one phone call or email. Having perfect metadata on your songs including info on Co-writers and Co-publishers. Wearing kicks that make you run faster and jump higher! Getting up earlier than other publishers and being first in line with all the music supervisors to pitch your songs! Reducing the amount of phone calls and emails the music super has to make/send.
Using the emerging practice of Label Services. If you own both the Song and the Master you can offer both licenses in one phone call or email. Having perfect metadata on your songs including info on Co-writers and Co-publishers. Reducing the amount of phone calls and emails the music super has to make/send.
When I record someone else's copyrighted song for release on Apple Music I am responsible for obtaining... a mechanical license and a Performance license a Performance license Clearance from the Library of Congress. nothing a Mechanical license
a Mechanical license
Select the best single answer. In the Mechanical license provided on your Bboard in the file named "Docs 4 Quizzes and Tests" examine paragraph 4. A good record company would be wise to request that you...
alter it and list the Territory as "Universe".
MULTI ANSWER Sub-publishing can mean that... (Select ALL correct answers.) a. another publisher owns less of the song than you do if you both have ownership shares b. another publisher represents your song(s) in a specific income area/silo c. another publisher represents your song(s) in a specific territory d. another publisher co-owns the song(s) with you e. You own all of a song but your rights have been subsumed.
another publisher represents your song(s) in a specific income area/silo c. another publisher represents your song(s) in a specific territory
Foreign publishing income a. is not worth pursuing by major publishers b. has become easier because of all the pan-global rates in force c. all the above d. has become easier now that we have a world-wide metadatabase e. is a growth area for American publishers
e. is a growth area for American publishers
Regarding Print royalties, Pro-Rata means a. the sub-publisher has a professional rating b. the same thing as the Rate negotiated c. each publisher's share(s) of the royalty pie d. the Statutory rate e. Most Favored Nations
each publisher's share(s) of the royalty pie
Use the the provided Sync and Master License in the Bboard folder titled Docs 4 Quizzes and Midterm to select ONE correct answer to the following question; Paragraph 9.d. ...
is an example of a Boilerplate or Template clause that could be found in any contract or license
Use the the provided Sync and Master License in the Bboard folder titled Docs 4 Quizzes and Midterm to select ALL correct answers to the following question; Paragraph 7.a. ...
is specifically a Warrant of Exclusivity, meaning the Publisher owns and controls the Rights to this Song and Master. protects the Film company from liability if another party different from Wise Kings claims to own the Exclusive Rights to the Song and Master. Answers: is specifically a Warrant of Exclusivity, meaning the Publisher owns and controls the Rights to this Song and Master.
Most sub-publishing contracts have length: a. set by statute b. of life of the writer plus 70 years c. of an initial term plus options. d. that is uniform from company to company e. that is open ended.
of an initial term plus options.
Use the the provided Sync and Master License in the Bboard folder titled Docs 4 Quizzes and Midterm to select the single best answer to this question.
the Publisher indicates that they own both the Song and the Master Recording of the song being negotiated.
Use the the provided Sync and Master License in the Bboard folder titled Docs 4 Quizzes and Midterm to select the ONE best answer to the following question. Per the usage described in Paragraph 3 it would be reasonable in Paragraph 4 for the Publisher... In Paragraph 1 section A...
to request a 6-figure dollar amount.
Granting a license to use an existing song in a TV commercial... is more common now in the US than it was 40 years ago. necessitates that a wise publisher check the contract with the writer(s) for any restrictions before granting the license. commonly includes use on a Soundtrack. will include a discussion about intial Term and Options. usually involves a discussion about the scope of product exclusivity.
usually involves a discussion about the scope of product exclusivity. is more common now in the US than it was 40 years ago. necessitates that a wise publisher check the contract with the writer(s) for any restrictions before granting the license.
