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Music Business Test 1
publishing licensing
75
Music
Undergraduate 2
10/05/2009

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Term
largest revenue generator
Definition
licensing/publishing
Term
sonwriter income, greatest to leasst
Definition
mechanical royalties, broadcast performances, non-broadcast performances, sheet music, synchornization rights, dramatic rights
Term
mechanical royalties
Definition
to the sale of music recordings. 9.1 cents per copy sold mandated by congress, writer and publisher split this 50/50
Term
controlled composition
Definition
songwriter is the performer
Term
Broadcast Performances
Definition
radio/tv. pay license fee to a PRO that then pays the songwriter/publisher
Term
Non-broadcast Performance
Definition
Concerts, venues pay onetime blanket fee to PRO to cover themselves
Term
synchronization rights
Definition
put with a visual, paid upfront and is negotiable
Term
1 standard contract between the writer and the publisher
Definition
50/50
Term
2 splitting the publishing
Definition
writer keeps their 50 and takes some of the publishers cut
Term
3 Writer can
Definition
own the publishing company and take 100 %
Term
4 writer owned company can also
Definition
contract with publishing company for administration deal, (publisher here is not actively promoting the work) Paul McCartney does this.
Term
5.
Definition
Partnership owened company
Term
6 staff writer
Definition
could be paid in advance for expected royalties or creates "works for hire"
Term
label affiliated publishing companies
Definition
reduced % justified because they shouler most of the promo costs. sometimes a record company can drop you but stil own your publishing
Term
publishing company should be
Definition
proactive- "exploiting" every avenue. less favorable ones are more like collection agencies
Term
SGA
Definition
Songwriters Guild of America, not a publishing company, it has contract guidelines and provides low cost administrative services
Term
Contract Reassignment
Definition
Your publishing company gets sold to another one, your contract and all its terms go with it. fairly standard, you can provide a clause for no reassignment
Term
Contract Default
Definition
If one of the parties "defaults" from contract hey are given a period of time to "remedy" it, if remedy is met contract is not void
Term
lead sheet
Definition
melody/lyrics and harmony
Term
"songplugging"
Definition
putting lead sheets/demos in hands of artists etc.
Term
Types of publishing companies
Definition
full-line, independent, record compnay affiliates, educational field, specialty publishers, subpublishers
Term
Full-line
Definition
all genres, promotion, print, administration acquisitions, print publishing of sheet music though this is often exluded
Term
independent publishing companies
Definition
specialize in a genre most often, making them ultra efficient.
Term
record company affiliates
Definition
usually have a PRO they want you to be with
Term
Educational field
Definition
music packaged with instruments, and school band orchestra arrangements
Term
specialty publishers
Definition
niche genres, (christian, classical, concert music<- rental of scores which oft comes with the performance royalty cover fee)
Term
subpublishers
Definition
often specializing in print production or distribution get a royalty percentage
Term
foreign territories
Definition
multinational companies-negotiate with smaller regional sub-publishers instead of setting up their own office, subpub usually gets 10 to 15 %
2. Independents often use subpubs.
Term
collecting subpublishing
Definition
1. at-source, the writer is paid directly from each subpublisher (common w/multinationals) preferable as cut comes soley form the publisher
2. Receipts basis where the writer is paid after the subpubs percentage is deducted. (more common for smaller companies)
Term
Publishing Company Structure
Definition
Royalty dept, copyright dept, legal business affairs, print production, distribution, professional manager, acquisitions
Term
Royality dept
Definition
receipts and disbursements
Term
copyright dept
Definition
-determine works originality, -register works with library of congress, -copyright ownership can be transfered, -establishes liason with Harry Fox Agency
Term
Legal Business Affairs
Definition
experts in domestic and international intellectual property law. Draw up and futher negotiate contracts.
Term
Print Production
Definition
if full line
Term
Print Production
Definition
if full line
Term
Professional Manager
Definition
Signs new writers, maintains relationships with contracted writers, persuades industry figures (artists/producers/mgrs.) to use work, involved in negotiation of contract, seek new use
Term
Acquisitions
Definition
collecting existing catalogs, looking for -recent success -insider recommendation - material from signed writers - perfomer/writer -market/genre -quality/longterm
Term
copublishing
Definition
two or more writers, all writers shar pulisher, or writers have different publishers, everyone gets 1/4
Term
Cut-in
Definition
writer assigns portion of the writers share to a non-writer (back in the day-powerful djs to get them to play it, give some to a powerful artist and they'll make the song a hit)
Term
song-casting
Definition
figuring out who as a performer is perfect for that song
Term
NMPA
Definition
national music publishing association
Term
Harry Fox Agency
Definition
(Clearing House) 1, issues mechanical licenses 2. helps with global synchronization liceneses but do not negotiate 3. licenses for ads.
Term
compulsory mechanical license
Definition
writer must grant permission to use song, permission must be requested
Term
appointment
Definition
IDs the parties and the services, and the term-period of time Often initial period plus options. writers may agree to the options but want to see escalations-advances tied to options. term may specify number of composition to be delivered
Term
"Recording Goal"
Definition
Term IE, amount of time for the publisher to place a number of songs on commercially released recordings
Term
conterminous
Definition
Label affiliated company, if the record deal falls through publishing does too and vice versa
Term
assignment
Definition
songs to publisher, for duration of the deal publisher owns the copyright. many times the assignment is beyond the terms of the contract. specific copyrights if existing listed as an addendem.
Term
Right of First Refusal
Definition
What the publisher has over an artist (right to yes or no to certain songs)
Term
warrenty
Definition
the writer states that they are free to enter the agreement, the writer states that ll work submitted is the writers creation is suchthing as "unconscious plagerism"
Term
Advances and Royalties
Definition
money to writer as an advance on royaltys, comes out of the writers percentage until paid back but if not made up the writer doesn't owe the money. seperate percentage for print production
Term
Foreign Rights
Definition
assign the publisher the right to enter into subpublishing agreements, may limite the percentage that subpub can receive. control how monies are calculated and may restrict territories.
Term
promotion expense
Definition
language states what if any costs are born by the writer
Term
the right to audit
Definition
standard. the right to check the book with certain limitations (number of audits within a given period) who bears the cost of the audit? writer unless indescrepencies are found.
Term
creative rights
Definition
what changes will the writer allow the publisher to make
Term
right of assignment
Definition
publisher can sell the copyright to another company and if so under what terms
Term
reversion
Definition
wen do copyrights go back to the writer, for writer ideally goes back when term ends
Term
default cure
Definition
what steps and what time period to correct what is considered a breach of the contract. both directions.
Term
arbitration
Definition
specify a third party to help negotiate any problems/disputes. may be specified AAA american arbitration association
Term
copyright act of 1976(8)
Definition
some terms had to ammended to conform to the Berne Convention. Duration life of the author plus 70 years
Term
DMCA
Definition
Digital Millenium Copryight Act- recording now get a performing royalties if digitlly transmitted)
Term
Audio visual work
Definition
any visual image mechanically displayed and accompanied by sounds no matter what the fomat.
Term
best edition
Definition
version of the work that is registered with the library of congress. the final form.
Term
collective work
Definition
multiple independent works which are then assmpled into a whole
Term
compilation
Definition
same thing as collective work but all the elements pre-existed
Term
copies
Definition
material objects in which the work is fixed including the ovject in which it is first fixed
Term
created
Definition
when the work is first fixed on material object
Term
derivative work
Definition
a new wor based on existing work but which demonstrates enough difference to constitute an an original work. the orignal works writer owns the rights. can't exist w/out permission of original author, arrangements are considered derivative works.
Term
device/machine/process
Definition
type of technology both in eistence and not yet in existence
Term
display
Definition
showing a copy of the work can refer to an elements of the work
Term
establishment
Definition
business open to public. majority of space is nonresidential where non-draatic music works are enacted/performed
Term
fixed
Definition
(permanent/stable) embodiment of the work. Material Object
Term
Food/serice/Drinking Establishment
Definition
where food/beverage are the primary function but where music works are performed
Term
perform
Definition
to enact the work directly or indirectly through mechanical means.
Term
phonorecord
Definition
objects in which sounds not accompanying a visual work are fixed (including original as well as copies)
Term
psuedonymous work
Definition
in which the author is ided b a ficticious name
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