Term
| What are the five points of a valid contract? |
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Definition
| All Parties must be legal, The contract cannot call for illegal acts, The language must be clear and unambiguous, There must be consideration, there must be mutual agreement. |
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Term
| When are oral agreements not valid? |
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Definition
| Real Estate, Sale of goods over 500$, Agreements that take more than one year to complete, Pre-nuptial agreements, Agreements to pay someone else's debts, Selling a copyright. |
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Term
| What are the four ways to handle a breach of contract? |
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Definition
| Waiver, Poor Performance, Contractual Remedies, and Litigation |
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Term
| What can you utilize to avoid breaching an agreement? |
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Definition
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Term
| What jurisdiction governs contract law? |
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Definition
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Term
| Are e signatures legally binding? |
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Definition
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Term
| Can courts impose a contract where none existed? |
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Definition
| Yes this is called a Quasi Contract |
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Term
| What is the job of the music publisher? |
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Definition
| Exploits music, accounts for money, pays the copyright owner |
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Term
| Who grants print licenses? |
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Definition
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Term
| What kind of license allows you to record a song? |
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Definition
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Term
| What is the rate for recording someone elses copyrighted song if it is under 5 minutes? |
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Definition
| 9.1 cents per record sold |
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Term
| What is the rate for recording someone elses copyrighted song if it is over 5 minutes? |
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Definition
| 1.75 cents per minute per song per record sold |
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Term
| If you cant locate the publisher or copyright owner, what kind of license can you obtain? |
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Definition
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Term
| Who sets compsulsory license rates? |
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Definition
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Term
| What role does the Harry Fox Agency play in music? |
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Definition
| Issues mechanicals and collects fees for publishers |
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Term
| To publicly perform a song, what kind of license do you need? |
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Definition
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Term
| Who handles performance licenses? |
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Definition
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Term
| In case of streaming licenses who must you contact? |
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Definition
| PRO's (ASCAP, BMI, SESAC) |
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Term
| What type of license must you obtain when combining music and film? |
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Definition
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Term
| What type of license must you acquire to use any part of a pre-recorded song? |
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Definition
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Term
| To what does fair use apply? |
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Definition
| The use of protected information |
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Term
| What are some categories of fair use? |
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Definition
| education, parody, News, Critique, Non Profit, Religious, Government |
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Term
| What is the first rule of fair use? |
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Definition
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Term
| What is the second rule of fair use? |
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Definition
| The nature of the original work |
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Term
| What is the third rule of fair use? |
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Definition
| How much and what part of the work was used |
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Term
| What is the fourth rule of fair use? |
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Definition
| What is the economic impact of the use |
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Term
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Definition
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Term
| Is deep linking fair use? |
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Definition
| No because you're bypassing intended first page of someones site |
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