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33 Cards in this Set

  • Front
  • Back

Statute of Anne

Model for US Copyright Law

First American Copyright Law


First American Copyright Law Revision


Included music for the first time

35 Year Rule

Benefits songwriters

Regain rights and song ownership

Song Pluggers/Creative Directors

Pitchsheets keep track of who's recording

Casting songs, and signing songwriters/artists requires objectivity

Deal Memos

Not legally binding

Types of Music Publishing Contracts


Single Song


Provisions in Songwriter/Publisher Contract

Advance is the monthly amount given to a songwriter prior to recoupment

Compensation defines the royalty amount and % songwriter will be paid

Exclusion allows songwriter to omit certain genres from their contract

Exclusive deal means work for hire during term of contract

Co-writer clause requires exclusive songwriter to encourage unsigned writer to place their publishing with them

Mechanical License

First use allows publisher to chose who records the song

Compulsory license allows anyone who wants to record the song to do so, as long as they agree to publisher's terms

Co-Publishing Contracts

Uses co-publishing performance royalties to recoup advance

Songwriter is a copyright owner

Two reasons for a co-pub agreement


New SW/Artist pursued by many

Recording artist with record deal

SW at end of deal and looking around

Already has a single song agreement

Administration Deals

Need a stream of income

Joint Venture

J/V partner and SW both receive advances

Troy Tomlinson thinking these are a thing of the past at Sony

Controlled Composition Clause

75% of Statutory rate ($.6825)

Ex: 10 song album

Total album max cap rate (10 songs x .6825) - outside song(s) = album gross to be paid by record company to publisher

Then, multiply by number of records sold

Download rates are full stat for record contract with CCC

CCC does not affect performance royalties

Print Folio

the retail cost of the book x royalty % = the aggregate

aggregate/# of songs = individual song royalty

song royalty x # of books sold = gross royalty paid to publisher

If there are more songs in the book, then # of songs x song royalty rate x number of books sold = total gross royalties paid to publisher


Music synchronized to a moving image

No statutory rate

Music supervisor negotiates with publisher's director of sync department

Youtube Sync Royalties

Collected by the Harry Fox Agency

Video Game Sync

Single Song Equation:

1 cent x 1st 500 K units

+ 1.3 cents x 2nd 500 K units

+ 1.5 cents x units sold over 1 mil

= Total Royalties

Movie Sync

Opening/Closing credit sync rate for existing songs is $35-65K

Producer only owns underscore, theme song, and songs written for movie

Pre-existing songs cut from films do not receive sync royalties

Video buyout included for all music/songs in films

Television Sync

One season TV underscore equation:

# of episodes (including reruns) (22) x amount paid for each episode ($12,500) + pilot ($15,000) = total work for hire fee paid by the producer to the underscorer ($290,000)

Performing Rights Organizations

Purpose is to license, collect, and distribute

ASCAP are non-profit, SESAC is for-profit

BMI became successful by signing blues, country, and rock n roll artists

Non-surveyed venues

Pay performance license fees

Pay fees based on their gross income

Radio generates the most performance royalties

Royalty pools

BMI charges 1.6% | ASCAP charges 1.7%

Royalty pools are created after operating expenses are deducted from the gross yearly revenues

Performance Royalties

Distributed to SW's and publishers based on time of day, type of performance, and length of song

TV = census survey reports by cue sheets

Radio = Sample survey reports

Grand Rights

Broadway musicals

Creative team: bookwriter, composer, and lyricist

Receive 4.5% of box office receipts pre-recoupment

REceive 6% after recoupment


Owned by Sony, Corp. and Michael Jackson Estate

Acquisition of the EMI publishing catalog made them the biggest publisher in the world

Publishing Catalog Value

NPS avg over last 3-5 years x the multiple

Due diligence to verify crucial information is accurate

Foreign Sub-Publishing Challenges

No universal song database

No standard licensing fees

Difficulty collecting royalties in some countries

Types of Sub-Publishing Agreements

World Wide

Territory by Territory

Foreign Sub-Publishing Rates

Mechanical statutory rate is different: it's determined by % of retail, not penny rate

Foreign Sub-Publishing Fees

Normal fee 10-25%

Fee charged for getting a "cover" from the US catalog ranges from 30-50%

"At Source" payments are part of the agreement to make sure there is no double dipping


Having no luck at all getting traction in the streaming marketplace


Download sales have decreased due to Spotify and Pandora

Pandora has lost 2-3 million customers in the last 3 months

Mark Volman lawsuits with pre-1972 recording streaming rates