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33 Cards in this Set

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  • Back

Statute of Anne

Model for US Copyright Law

First American Copyright Law

1790

First American Copyright Law Revision

1831/32


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

Co-publishing


Single Song


Exclusive

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

Leverage


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

Synchronization

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

Sony/ATV

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

Tidal

Having no luck at all getting traction in the streaming marketplace

Streaming

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