Radio
For Terrestrial radio play explain who receives the money generated
Royalties from radio play are collected by PROs such as ASCAP, BMI, or SESAC and then distributed to publishers and songwriters. The performers of the music make no money from radio play.
Define “cue sheets” & "score"
They are a list of all the music a TV show uses. They track how long the song was played for and how it was used. (background, theme song, performed)
A score is the music underneath the dialogue, action, and transitions. A good score can increase the impact of a film and enhance the emotions it produces.
What is a “cover” tune, & What is a song? Legally AND how are full songs counted by publishers (co-writes)?
A cover is any recording of a song performed by an artist other than the original songwriter or performer.
A song legally is the combination of music and lyrics, and it’s protected by copyright as long as it’s original and fixed. Publishers manage the registration, licensing, and royalty collection, and they take a portion of the royalties for their work.
How many PROs can a writer be affiliated with at a time?
1
Explain mechanical royalties and to who they are paid to
Mechanical royalties are paid to publishers and songwriters when a copy of a song is distributed, whether physical (CD, Vinyl, etc.) or digital (downloads, streaming).
What is a Reporting Station
A reporting station in the context of radio broadcasting is a radio station that is designated to track and report the songs it plays to PROs. These reports are used to determine which songs are being played on the radio, which helps PROs distribute performance royalties to songwriters, composers, and publishers.
What is Featured Use?
An audio/visual use of music that constitutes the main focus of an audience's attention at the time of the performance.
Co-pub deals
In a co-publishing deal, the songwriter and the publisher share the ownership of the song’s publishing rights and the income generated from it- a co-pub deal gives the songwriter a larger percentage of royalties and a greater stake in the ownership of the song.
What PRO is privately owned?
SESAC
How do royalties break down for a song? What % is the songwriter entitled to and what % is the publisher entitled to.
Royalties are split 50/50 between the writer and the publisher. If the writer is self-published, they get 100% (but still 50% as writer and 50% as publisher).
How do radio stations actually make money?
Radio stations make money through advertising spots and sponsorships.
What is In-Context Use?
Using the song apart from the film with the same visual images that accompany the film. Ex: if the song is used in the film while lovers walk down a beach looking lovingly at each other and that same scene is in the commercial for the film that is in-context use.
What does “exclusive songwriter agreement” mean? What does it usually include?
An exclusive songwriter agreement is a contract where the songwriter agrees to write songs exclusively for a music publisher. In return, the publisher provides an advance, manages the administration of the songs, and promotes them in exchange for a share of the royalties.
What and who are the PRO’s and How do Publishers work with them?
PRO or performing rights organization is an agency that- Ensures songwriters and publishers are paid for the use of their music by collecting royalties on behalf of the rights owner.
B. PROs collect public performance royalties.
i. When a song is played in public, like on any kind of radio (AM/FM, streaming, or satellite), in a venue, or in TV shows and commercials, it is required that they pay for the use.
ii. The PRO collects those payments and distributes them to the rights holders.
ASCAP, BMI, SESAC
Describe SoundExchanges and what is their role in the industry
SoundExchange collects and distributes performance royalties whenever a sound recording is played through a digital medium other than streaming.
What is Arbitron?
Arbitron was a company that measured radio listening habits. It tracked how many people were listening to certain stations, which songs were popular, and the demographics of the listeners. This data helped radio stations and the music industry understand what music was connecting with audiences.
What is a music supervisor?
Coordinates the music for films or TV series. They primarily focus on the choice of song, though they may be involved in the underscore as well.
Songwriters are paid by three principal sources. List where payments come from for each source below Mechanicals, Performance, Synchronization, Producers
Mechanicals: Payments come from Harry Fox Agency and record companies. Payments for mechanical royalties come from the reproduction and distribution of a song, on physical media (CDs, vinyl), digital downloads, or streams.
Performance: Payments come from performance rights societies (ASCAP, BMI, SESAC). These royalties are generated when a song is publicly performed, whether live, on the radio, on television, or in other public spaces (like bars or restaurants).
Synchronization: Payments come from TV and film production companies and music video producers. These are payments made when a song is used in sync with visual media—primarily in movies, TV shows, commercials, and music videos.
Publishing and Publishers- What do they do?
Acquire, administer, exploit, protect
Acquire:
This refers to the process of obtaining rights to a musical work or recording. A publisher or record company may acquire rights by signing an artist, songwriter, or composer to a contract. This could involve acquiring the copyright to a song, master recording, or both.
Administer:
This involves managing the rights acquired. Publishers or record companies handle tasks such as registering the work with performance rights organizations (PROs), collecting royalties, issuing licenses, and ensuring proper documentation.
Exploit:
This refers to the commercial use and monetization of the rights acquired. Publishers and record companies work to maximize the revenue potential of a song or recording by licensing it for use in films, TV shows, advertisements, video games, or other media. They may also promote the work to increase its visibility and sales.
Protect:
This involves safeguarding the rights and interests of the copyright owner. Publishers and record companies monitor for unauthorized use of the work (e.g., piracy, copyright infringement) and take legal action if necessary. They also ensure that proper credits are given and that the work is not used without permission.
Calculating royalty rates for mechanical licenses for BOTH songs over and under 5 minutes
For songs under 5 minutes, the rate is $0.124 per play/sale. For songs over 5 minutes, the rate is $0.0231 per minute per play/sale.
What is “payola”?
Payola is also known as bribery or extortion. This word is an underworld term that became prominent in the 60s when it was applied to a scandal involving illicit payment to disc jockeys in return for airplay.
Who are ALL of the people a motion picture company has to make a deal with in order to put a song into a movie?
There’s a minimum of three people that normally make deals, but there can be deals made with eight people. The eight people normally are the performer, the record company where the performer is signed, the record producer, the songwriter, the publisher where the songwriter is signed, the owner of a recording that’s being licensed into the film or sampled in a song, the publisher who owns a song that’s being sampled, and the record company putting out the soundtrack album.
What are the sources of income for a songwriter? (Sheet music; movies;radio)
Mechanical Royalties, Performance Royalties, Synchronization Fees, Print Royalties, Foreign Royalties, Digital Royalties, Advances, Licensing Income, Cover Versions, Public Domain and Sampling Royalties
Describe Advances & Draws
An advance is a loan, normally from a record label to an artist, to be repaid (recouped) from record sales. An advance is for one or more albums depending on the contract. A publisher’s advance would be recouped from publishing royalties.
A draw is a weekly or monthly sum of money paid to a staff songwriter by a publisher. This money is recouped from future mechanical royalties earned by the writer’s songs. A songwriter’s draw is usually NOT recouped from the performance royalties earned from his songs.
What are synch licenses and who receives the money? Is there a statutory rate for this?
Sync licenses are publishing licenses that pay songwriters for the use of a song in TV, film, or video. There is no statutory rate for sync licensing, the payment is decided by the publisher. This does not include radio ads.