Music Business Handbook and Career Guide 10e Baskerville Instructor Resource

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1 Chapter 6: Music Copyright STUDY GUIDE MUSB TH NAME 1. Which of the following was (were) true in respect to U.S. copyright law prior to the 1976 revision of the statute? a. It had become inadequate in dealing with developing communications technology. b. Copyright owners of sound recordings did not receive performance royalties. c. Neither a nor b d. Both a and b 2. Anyone may make a recording imitating or mimicking the sound of a commercial release without owing a sound recording royalty to the original artist or label. (Refer to page 100) 3. Cable TV system operators are now exempt from paying for transmission of copyrighted music compositions. 4. As a result of the 1989 U.S. accession to the Berne Convention, the U.S. Copyright Act was amended to provide for negotiated licenses with jukebox operators. 5. Copyright vests initially in the publisher of the work. (Refer to page 92) 6. Under copyright law, under certain circumstances the employer may be considered to be the author if the employer engaged a person to perform the work made for hire. 7. Under U.S. copyright law, a musical work is created when: a. The songwriter first conceives of the melody and lyrics b. The first live performance takes place outside of friends and family c. It is fixed in musical notation or recorded on a phonorecord d. It is first released as a commercial recording in the United States 8. The symbol P in a circle stands for performance.

2 (Refer to page 106) 9. Copyright law recognizes that some ideas are so novel that they deserve protection regardless of the way they are expressed. (Refer to page 92) 10. A recording of a musical work is protected by the Copyright Act even before the work has been registered in Washington, D.C. (Refer to page 107) 11. An author may terminate an assignment of copyright even if that termination contradicts another agreement or a will. (Refer to page 97) 12. The Copyright Royalty Board (CRB) has the right to set which kind of royalty rate in the United States? a. Negotiated mechanical license b. Cable and satellite retransmission fee c. Sound recording performance royalties for AM and FM radio d. Print publishing royalty e. Synchronization fee for a 35mm feature film (Refer to page 108) 13. A work shall not be considered to have been made for hire unless the author and employer have signed a written agreement to that effect. (Refer to page 98) 14. Transfer of ownership of a phonorecord is the best way to transfer ownership of the music embodied in the recording. (Refer to page 95) 15. Publication is the distribution of copies or phonorecords of a work to the public by sale or otherwise transfer of ownership or by rental, lease, or lending.

3 16. A public performance of a work does not of itself constitute publication. 17. Under U.S. copyright law, a fixation of sounds is properly considered a sound recording when it accompanies a motion picture. 18. A pseudonymous work cannot be protected by copyright because the true author is not clearly identified. 19. A new performing group need not seek legal protection for its name in the United States until it attempts to tour internationally. (Refer to page 111) 20. A Spanish language version of a Walt Disney movie would be considered a derivative work. 21. The Copyright Office refuses to accept sound recordings (in the absence of a written copy) as acceptable deposits when seeking to register new works of authorship. (Refer to page 107) 22. Copyright notice language may include either the full name of the author or a recognizable abbreviation. (Refer to page 105) 23. Because of the Berne Convention, a copyright registered in any country that is a member of the United Nations automatically has copyright protection in every other member country. 24. The ultimate authority for interpreting U.S. copyright law is the:

4 a. Copyright Royalty Board (CRB) b. Copyright Arbitration Royalty Panel (CARP) c. Supreme Court d. Library of Congress e. United Nations 25. In the case of a hit song from the 1960s, who would receive a royalty if it were played on an FM radio station in Chicago today? a. The featured artist b. The session musicians c. The composer d. The arranger e. The producer (Refer to pages 88-89) Essay 26. Define the term audiovisual work as it is used in copyright law. 27. Under U.S. copyright law, a phonorecord would be the best term to describe a(n): a. Leadsheet b. RIAA gold record plaque c. Recording containing an audiovisual work with music d. Material object containing a sound recording 28. Under U.S. copyright law, if there are two composers and three lyricists for a song, they must share the royalties according to which formula? a. Each must share equally b. The composer or composers collectively get 50% and the lyricist or lyricists collectively get 50% c. The composer or composers collectively get 50% and the lead lyricist gets 50% d. The first artist to record the song assigns the royalty split (Refer to page 95) 29. Publishers routinely prevent less well known artists from releasing cover records of their hit songs. (Refer to pages ) 30. Who owns the U.S. copyright in a new arrangement of a copyrighted work? a. The arranger b. The original copyright holder c. The publisher d. The artist who commissions the arrangement (Refer to pages 98-99)

5 31. A U.S. copyright in a composition created in 2013, and not a work for hire, extends for how many years after the last surviving author s death? a. 28 b. 56 c. 70 d. 95 e. 120 (Refer to page 104) 32. Under the first sale doctrine of U.S. copyright law, it is generally legal for someone to: a. Sell the physical copy of a recording regardless who owns the music itself b. Rent the physical copy of a recording regardless of who owns the music itself c. Give homemade copies of a copyrighted sound recording to up to 10 friends d. Incorporate a recording into a motion picture under a compulsory mechanical license (Refer to pages )

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