MUSB 2305 Study Guide 4

STUDY GUIDE 

THE PLAIN AND SIMPLE GUIDE TO MUSIC PUBLISHING

 by Randall D. Wixen

Study Guide by Dr. Aubrey Tucker

T/F MULTIPLE CHOICE

_______ 1. T/F Phonorecords are covered by a mechanical license

______ 2. T/F A karaoke disc that includes the recording, images and on-screen lyrics would require a mechanical license

_____ 3. T/F Film DVDs require a mechanical license

_____ 4. T/F Once you have authorized public distribution of your song for the first time, anyone may record and release your song without your approval 

_____ 5. T/F A mechanical use must involve audio- only reproductions of music.

_____ 6. A mechanical license gives you the right to record your own version of Michael Jackson’s “Beat It!” with your changes in lyrics an melody.

__ ___ 7. You have to find the copyright owner (the music publisher) to get a compulsory mechanical license

______8. The present U.S. mechanical per minute rates are lower than they were 100 years ago.

_____ 9.  A video mechanical requires a mechanical license

_____ 10. The current statutory rate for a mechanical license is 9.1 cents per unit distributed

_____  11. Basically, record companies and publishers handle mechanical licensing as it is spelled out in the U.S. copyright code.

_____  12.  The “mechanical licenses” that publishers send out are, when read carefully, not actual licenses but waivers of compulsory license provisions to which the publisher agrees

_____  13. Record companies offer their own mechanical license forms as a convenience to small publishers

______ 14. A blanket license gives the record company the right to use your song on any product or with any recording artist without having to acquire another mechanical license

______ 15. Free goods are records given away for promotional value

MUSB SG CH 4

______ 16. In the real world, neither record companies nor publishers really want to deal with compulsory licenses

______ 17.  Bonus records are free records given to stores with each paid order, to then be sold to the general public

______ 18. The controlled composition clause in record contracts usually requires the artist/ songwriter to accept reduced mechanical royalties, but never applies to the publisher

______ 19. The three- quarter rate request on mechanicals might be seriously considered by a publisher with the incentive of an advance payment

______ 20. Typical requests for reduced mechanicals are for units of 25,000 and above

______ 21. Wixen’s Law of Inverse Effect stipulates that it’s easier to do big license deals than small license deals

_____ 22. Wixen recommends using the Harry Fox Agency to handle your mechanical licensing

_____ 23. It’s difficult handling mechanical licensing between the U.S. and Canada

_____ 24. Canada requires a statutory mechanical rate, as the U.S. does

_____ 25. Record clubs have presented particular problems regarding mechanical licensing 

Essay/ Outline questions for Exam I

1. Describe at least 5 details in securing and complying with the mechanical license as required by U.S. copyright law

2. Name 5 or more details to include when requesting a mechanical license from a publisher

3. List 4 provisions that a “real world mechanical license” will state

4. List 7 ways that a record company will try to gain advantage in issuing their own mechanical license for the publisher to sign 

5. Name  three reasons why publishers would accept reduced- mechanicals deals

6. Describe “9.009% of PPD” as it is practiced by most European mechanical rights organizations