midterm study guide

midterm study guide - The Business and Legal Aspects of the...

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The Business and Legal Aspects of the Music Industry (MUIN 372 ) Mid-term #1 I Study Guide The following list is representative of the terms and names encountered in the lectures and reading ( not necessarily complete ). Be prepared for multiple choice, short answer questions, and essay questions . Artist – signed to personal services contract; receive income from record sales; receive an advance from the record label for costs of making a record and costs of living Writer - someone who WRITES the song; not always the artist Producer - is the director of a recording (artistic); is the producer of a recording (finances); the weaker the artist, the stronger the position of the producer is. Radio - makes money by selling advertising time; is THE prominent tool of the record industry (the number 1 way new records are exposed); record labels provide “promo” copies to radio stations for free in hopes they will play them; radio DOES NOT pay artists for airplay; radio DOES pay publishers/songwriters for airplay (the right to broadcast songs embodied in a recording—copyright issues) Copyright definition - a limited duration monopoly; copyright law is the basis of the music industry; copyright is the author’s, publisher’s statutory property! The “Bundle of (6) Rights” - 1.) the right to reproduce 2.) the right to make derivative works based on (using a portion of, or adapting the copyrighted work) 3.) the right to distribute to the public 4.) the right to perform 5.) the right to publicly display 6.) in the case of sound recordings, to perform the work publicly via digital audio transmission (added in 1995) Conditions of © ownership-
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Works covered by © Notice Registration – copyright registration is administered by the U.S. copyright office at the library of congress; tangible copy is required-- $35 fee per copyrighted work to be registered—no review, no receipt. Deposit Renewal Publication Fair Use Compulsory license (what) Compulsory license (why) First Use First Sale Doctrine Work for hire Joint work Copyright transfer Termination rights License vs. sell Statute of Anne – granted a 21 year extension to current (pre-existing) Stationer’s Rights ( 1909 Act/Revision **** 1972 Act/Revision 1976 Act/Revision ****
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1998 Act/Revision The term of © per Act Music publishing Melody & lyrics Substantial materiality. .. Mechanical license - the license (contract between a publisher and a record company) that allows for royalties to be paid for the use of a song on an audio recording Mechanical royalty - the statutory rate is 9.1 cents per song, for a song up to 5 minutes or 1.75 cents per minute if the song is longer than 5 minutes. Statutory rate Reduced rate – 75% of the statutory rate (9.1 cents) for mechanical royalties Harry Fox Agency Performance rights Performance royalties Broadcast performance license Live performance license Synchronization license Grand (dramatic) licenses Print licenses Types of publishers Song-plugging/marketing Administrative publisher Sub-publishing – contracted by the original publisher to collect and issue licenses for
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midterm study guide - The Business and Legal Aspects of the...

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