6 Exclusive Rights
1. Distribute
2. Copy
3. Public Performance
4. Public Display
5. Derivative
6. Digital Transmission
Exceptions to 6 Rights
1. Compulsory License
2. Fair Use
7 Categories of Copyright
1. Musical Works 2. Literary Works 3. Architecture 4. Movies 5. Dramatic 6. Visual 7. Choreography
Revenue Streams for Song writer contract
1. Sync license
2. Mechanical license
3. PRO
4. Ringtones
5. Print
Terms in Song Writer contract
1. term
2. territory
3. royalties
4. pre-existing
MME Music (TV/Video)
1. Pre Existing song (never work for hire)
2. Song written for movie
3. score
4. source
License needed for music and images
Sync license
License used for publishing
Mechanical license
Who does the PRO pay?
Publisher and songwriter
Compulsory license?
anyone can use audio once it’s been published.
What are the only public performance companies?
ASCAP and BMI
3 ways to use fair use
1. comment and criticism
2. nature of copyrighted work
3. whether it gains or looses work money
Where does songwriter’s money come from?
PRO’s (ASCAP, BMI)
What is a joint work?
both publishers own 50% of everything
What is a sunset clause?
manager fee diminishes over time.
What percentage of an artist’s gross earnings does a manager make?
15%-20%
Name 3 customary deductions
1. recording costs
2. tour support
3. sound and lighting
4.opening acts
What is the traditional term of a management agreement?
3-5 years
What does a Controlled Composition clause state?
It limits the amount of songs you put on an album.
What is the statutory rate?
9.1 cents
What is cross collateralization?
All money spent on making the record will be repaid with the money made by the record.
What are the 4 P’s of marketing?
Product
Place
Price
Promotion
3 main steps of marketing?
1. create awareness
2. Make connections
3. Ask for money. ATTENTION
What are generatives?
uncopyable values. i.e. trust.
8 main steps of Advertising
1. Immediacy
2. Personalization
3. Interpretation
4. Authenticity
5. Accessibility
6. Embodiment
7. Patronage
8. Findability
Duration of a single work
life of author plus 70 years
Duration of a joint work
last surviving author plus 70 years
Duration of works for hire
95 years from first publication
120 years from creation
(whatever comes first)
Duration of work after sold to company
35 years