Term
| What is the traditional income split between publishers and writers? |
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Definition
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Term
| What is a vest-pocket publisher and what functions do they perform? |
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Definition
| one-person publisher with administrative help |
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Term
| What are the major music publishing companies? |
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Definition
Universal
Warner-Chappell
EMI
Sony
BMG
Famous Music |
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Term
| What is a mechanical license for? |
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Definition
| Writer has right to control 1st recording |
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Term
| Who issues mechanical licenses in the U.S.? |
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Definition
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Term
| What is a controlled composition clause? |
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Definition
| Recording artists who write their own songs make 25% less in performance royalties than songwriter who license their songs for others to record |
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Term
| What two ways do record labels limit mechanical royalties? |
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Definition
Rate per song
75% of statutory mechanical rate
Rate per album
Maximum mechanicals per album “cap” |
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Term
| What are public performance royalties? |
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Definition
Royalties for live performances
Right to perform music publically |
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Term
| What are the 3 performing rights organizations in the U.S.? |
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Definition
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Term
| What is a blanket license? |
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Definition
Blanket license issued to:
venues, clubs, restaurants, juke boxes, etc.
based on crowd capacity |
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Term
| Who pays the writer his share of performance royalties? |
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Definition
| PRO pays writer directly & sends publishing company their share |
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Term
| How many performing rights organizations can a writer join? |
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Definition
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Term
| What are cue sheets used for? |
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Definition
TV/films provide cue sheets of all songs in their product
The way they track things for movies |
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Term
| Are public performance fees collected for motion pictures shown in the U.S.? |
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Definition
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Term
| How are foreign performing rights fees for theatrical exhibition calculated? |
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Definition
| Foreign exhibition = % of box office |
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Term
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Definition
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Term
| How long are licenses for print music? |
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Definition
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Term
| What is a synchronization license for? |
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Definition
| Right to use music with visual images |
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Term
| What are some of the categories or bundles of television rights? |
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Definition
Free TV, Basic Cable & Satellite:
5 yr license
Pay TV
Foreign Theatrical:
TV movies released in foreign theaters
Home Video:
TV show released on DVD
TV Theme Songs
Common Carriers
Performance License
TV License |
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Term
| What is the first thing you must do when starting your own publishing company? |
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Definition
| Vest-pocket publisher = one-person publisher with administrative help |
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Term
| Are “Standard Songwriter Agreements” standard? |
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Definition
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Term
| What is the purpose of a catch-all phrase in a contract? |
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Definition
| writer gets 50% of “all other monies not referred to in this agreement”. |
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Term
| What is a favored nations clause? |
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Definition
| Your rate goes up if anyone ever gets more money than you do |
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Term
| What does a publisher use a demo for? |
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Definition
compilations for radio, TV, record companies, web sites, and other users.
Uses it as a sales pitch |
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Term
| What is a term (or exclusive) songwriter agreement? |
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Definition
| All songs owned by publisher during term of contract |
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Term
| What are the two aspects of delivery requirements? |
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Definition
Required to create specific # of songs during each term of contract:
To move to next term
To receive advance |
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Term
| What happens if the writer does not deliver the agreed minimum of songs? |
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Definition
| publisher can suspend advances or extend contract until min. delivery fulfilled |
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Term
| What does self-contained artist mean? |
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Definition
| Somebody who writes and records their own songs |
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Term
| Why do independent production companies like to own the artist’s publishing when they sign them to a record deal? |
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Definition
| So they can make more money |
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Term
| What is a co-publishing agreement? |
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Definition
| agreements between writer, writer’s publishing company, and another publisher |
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Term
| What is an administration agreement? |
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Definition
allows writer to retain copyright interest & limited to administration by publisher for fee:
15-25% of income earned |
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Term
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Definition
| Paper with the words and music of the song |
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Term
| What can the record company do if a member leaves the group? |
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Definition
Record company has option to:
1.use their services as solo artist or member of any other group
2. keep remaining members as group
3. Terminate contract |
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Term
| Why does a band need an internal group contract? |
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Definition
| Prevents legal issues if they break up |
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Term
| What is the most important asset of a band? |
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Definition
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Term
| What are some of the major issues that should be addressed in a group contract? |
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Definition
Form of business liability & tax issues
Rights to group name
% of profits
Control over decisions
Firing, Hiring & Quitting decisions
Contributions & expenses
Death & Disability
Ex-partners & buyouts |
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Term
| How is the band’s name legally protected? |
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Definition
Protected by service mark:
US and foreign registration
trademark |
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Term
| Who is in charge of the tour? |
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Definition
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Term
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Definition
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Term
| What is the itinerary and why is it critical? |
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Definition
Tour Routing:
cities & order
critical juggling act |
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Term
| What are some of the arguments for setting low ticket prices? |
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Definition
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Term
| What is the typically deposit paid by promoters and how does it protect the artist? |
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Definition
Guarantee – artist guaranteed a fee against a % of net/gross profits of show:
Even if show didn’t make profit, artist gets guarantee
Typical split 85/15 to 90/10
50% up front |
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Term
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Definition
Present act in specific market:
Local
Regional
National
International
Advertising, coordination, pricing, expenses, accounting, & any other detail relating to event |
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Term
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Definition
Owners of arenas, etc. buy shows themselves
Directly contracts with artist
May pay more since no middleman |
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Term
| Who is in charge of the financial aspects of the tour? |
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Definition
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Term
| What is the purpose of forecasting tour expenses? |
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Definition
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Term
| What are the responsibilities of the tour manager? |
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Definition
Handles everything on the road
Hotels, tickets, transportation, etc.
Settles the box office |
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Term
| What does settling the box office mean? |
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Definition
| Reviews promoter’s accounting of show and deposits funds |
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Term
| Why do most new artists have difficulty making money from touring? |
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Definition
Usually don’t make a profit touring
Difficult to pack concert halls unless they sell a lot of records and create a buzz |
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Term
| What is the major touring season? |
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Definition
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Term
| What does a split of the gate mean? |
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Definition
share of money charged for admission:
20-60% depends on stature & # of acts |
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Term
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Definition
artist guaranteed a fee against a % of net/gross profits of show:
Even if show didn’t make profit, artist gets guarantee |
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Term
| What is the usual split for major artists? |
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Definition
| Typical split 85/15 to 90/10 |
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Term
| What is the definition of net profits? |
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Definition
| Gross receipts less promoter’s expenses |
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Term
| What are some of the expenses a promoter can deduct from the gross receipts? |
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Definition
Advertising
Hall rental
Personnel & Stage crew
Equip rental
Insurance
Security
Catering
Public Performance license
Medical |
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Term
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Definition
| amount charged to Artist by venue for selling merchandise |
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Term
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Definition
| addendum that rides on another contract |
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Term
| What major points are included in a rider? |
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Definition
Security (provided by purchaser)
Purchaser responsible for damages by audience
Complimentary tickets
Papering the house – promoter gives away comps to make house look full
Backstage access
Merchandising
Hall fees: amount charged to Artist by venue for selling merchandise
Ground transportation
Food
Lodging |
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Term
| What does papering the house mean? |
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Definition
| promoter gives away comps to make house look full |
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Term
| What is the major disadvantage for the artist of using one promoter for the entire tour? |
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Definition
Successful shows pay for losers
Bad for artist |
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Term
| What suggestions does Passman make to increase income for the artist by cutting expenses? |
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Definition
| stop getting things you dont need |
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Term
| What does hub or hubbing mean? |
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Definition
| based in central location while playing venues nearby |
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Term
| What are the two types of merchandising? |
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Definition
1. Tour – most profitable
2. Retail |
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Term
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Definition
licenses rights to name & likeness & pays a royalty for each sale
manufactures & oversees sales |
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Term
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Definition
| venue charges 30-35% of gross profit to sell merchandise |
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Term
| How is the advance calculated? |
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Definition
| Size of advance based on projection of gross sales times royalty rate |
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Term
| Who has creative control over the merchandise? |
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Definition
| Artist usually has creative approval over design and quality of products |
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Term
| What do sell-off rights mean? |
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Definition
Merchandiser can sell off remaining merchandise on hand
not any new manufacturing |
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Term
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Definition
illegally manufacture and sell merchandise outside venues
$250 billion/yr in US consumer goods |
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Term
| For every song going into a film there may be up to 8 entities involved. Who are they? |
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Definition
1. Performer
2. Record Co. of performer
3. Record producer
4. Songwriter
5. Publisher of song
6. Owner of master recording
7. Publisher of song sampled
8. Record co. for soundtrack |
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Term
| What are the 2 categories of film music rights? |
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Definition
Acquisition of Rights for Film:
Performing artists
Songwriters, composers, publishers
Record producers
License of Rights from Film Co. to others:
Deal with record co. for soundtrack
Licensing film clips for music videos
Possible publishing administration |
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Term
| What are the 2 distinct parts of a deal for an artist to perform in a film? |
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Definition
1. Perform in film
2. Performance on soundtrack album |
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Term
| What is the range of fees for an artist to perform a song in a film? |
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Definition
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Term
| Where does the credit for the artist usually appear? |
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Definition
| Main title song – credit in main titles |
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Term
| What is a single card credit? |
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Definition
| no other credit on the screen at the same time |
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Term
| Before negotiating with the film company for the use of a record in a film and soundtrack album, what must an artist do? |
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Definition
Clear deal with record company first:
Exclusive rights |
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Term
| What percentage of royalties does the record company usually get as a cost of waiving the artist’s exclusivity? |
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Definition
| 50% of royalties to waive exclusivity |
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Term
| What is the typical split of fees between the artist and record label for music videos? |
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Definition
| Record & Film Companies split cost |
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Term
| What does the payment for writing a film song include? |
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Definition
| Fees from $0-$100,000 up plus royalties |
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Term
| What rights are usually granted to the film company? |
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Definition
| Film company gets rights in sequels, prequels, advertising, trailers, theme parks, live shows, merchandising, etc. |
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Term
| What is a score or underscore? |
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Definition
| background music underneath dialogue & action |
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Term
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Definition
| composer & director watch final cut & determine which spots need music |
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Term
| What is a Certificate of Authorship? |
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Definition
| states studio owns composer’s work |
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Term
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Definition
| Takes melody line from composer and writes out parts for various instruments |
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Term
| Where do composers usually receive credit in the film? |
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Definition
Main title, single card:
Composed by
Music composed by
Music composed and recorded by
Music by |
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Term
| What does a package deal for a composer include? |
|
Definition
Package fees:
$8,000 – $10,000/ ½ hour
$9,000 - $20,000/ 1 hour |
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Term
| What is a television pilot? |
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Definition
| single episode produced in attempt to sell series |
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Term
| What is the range of package fees for video composers? |
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Definition
| Package deals: $150,000 - $400,000 |
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Term
| From whom are most master licenses obtained? |
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Definition
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Term
| To use the Beatles’ song “She Loves You” in a film, what licenses must you obtain? |
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Definition
Master License
Synchronization License |
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Term
| What does a music supervisor do? |
|
Definition
Coordinates all music for a film
Consults with producer & director to work out types of music needed |
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Term
| What range of compensation do they receive? |
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Definition
Top music supervisors get:
$100,000 - $200,000+ per picture
Most - $75,000 - $125,000.
Top supervisors have royalties on soundtrack album:
1% to 2% of retail |
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Term
|
Definition
|
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Term
|
Definition
songs by major artists:
Pre-existing & songs written for film |
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Term
| What does wide release mean? |
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Definition
| opens on 2,000-4,000 screens |
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