NEWSLETTER a N E N T E R T a I N M E N T I N D U S T R Y O R G a N I Z a T I O N
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October 2005 NEWSLETTER A n E n t e r t a i n m e n t I n d u s t r y O r g a n i z a t i o n Music Biz Quiz Randall Rumage It’s time again for you to test your music biz knowledge, and see The President’s if all the music-related news you’ve recently read can be recalled on Corner command! The music industry can often be compared to matter…they both consist of particles that are in constant motion. Our business is in Dan Butler a continuous state of flux…whether it be the changing musical trends, the evolution of the record company business model, the use of music Last month’s annual Legal Eagles Update of in new technologies, or the legislative changes and judicial decisions the Law was a lively and informative panel which govern our business practices. So see for yourself if you’re still “in discussion. Topics included: the recent Su- the know”! preme Court decision in Grokster (as described The answers are at the bottom, but don’t be tempted to look by UCLA Professor Neil Netanel); the contro- ahead, as it will spoil the fun, and your CCC newsletter subscription versial record club litigation over mechanical could be revoked! Now on to the test: royalties (brought by panelist Neville Johnson); 1. The “old codgers” of rock and roll are still embraced by today’s Section 115 cha nge s (illum inated by Ron music buyers. All of the new albums from the artists listed below have Gertz); and the new dispute between Tom recently reached the Top 20 on the Billboard 200 albums chart. Match Waits and Warner Bros. Records over how the artist with the corresponding album title: artist royalties should be paid for downloaded mu sic (discussed by both David Altschul and A. Paul McCartney (debuted at #6) Evan Cohen). Special thanks to moderator B. Eric Clapton (debuted at #13) Da vid Hirshland and our expert panelists who C. The Rolling Stones (debuted at #3) kept the a udience glued to th eir sea ts well past D. Bob Dylan (debuted at #16) our norm al running time. One of the few areas in which record la bels i. “No Direction Home: The Soundtrack -- The Bootleg Series Vol. 7” and publishers find their bus ines s on solid ii. “Back Home” ground is in the area of film, TV and video iii. “A Bigger Bang” game licensing. Tonight’s panel will focus on iv. “Chaos And Creation In The Backyard” how innovative labels and publishers are wor- king with studios and producers to promote 2. On January 1, 2006, the U.S. statutory rate will be raised approxi- new artis ts and songs in creative ways that mately 7% (and 6% on the per-minute rates in excess of 5 minutes of enhance entertainment content with music. playing time). What will the new penny rates be? Join me as I modera te a v ery k now ledge able group of panelists, including TV music su- A. $.087 / $.0167 per minute or fraction thereof pervisor Alex Patsavas (“The O.C.” and B. $.09 / $.017 per minute or fraction thereof C. $.091 / $.0175 per minute or fraction thereof “Supernatural”) as well as film music super- D. $.095 / $.018 per minute or fraction thereof visor Julia Michels (“August Rush” and “The Dev il Wears Prada”), label execs Dominic 3. “PCD” is now the commonly used moniker for: Griffin of Hollywood Records and Elena By- ington of Sony/BMG, along w ith CCC board A. Personal Computer Drive member Jonathan Palmer. B. Podcast Delivery Eac h pa nelis t sh ould bring a different per- C. Politically Correct Doctrine spective to our discussion, which we hop e will D. The Pussycat Dolls both engage and enlighten you. 4. Last month’s release of Ba rbra Streisand’s and Barry 10. Match the f ollow ing film co mpo sers with the f ilms they Gibb’s reunion album titled “Guilty Pleasures” marked the 25th scored: anniversary of their highly successful 1980 collaboration. The new album is also released on DualDisc, containing a DVD on A. Flightplan one side and the entire audio album on CD o n the other side, B. Chic ken Little presented in PCM stereo. What is PCM stereo? C. Elizabethtown D. Oliver Twist A. Pers ona l Com pute r Mu sic B. Perfect Clarity Monitoring i. Nancy Wilson C. Pulse Code Modulation ii. Rachel Portman D. Profess iona lly Co mpr ess ed Music iii. John Debney E. Pitch-C han ged M idi file iv. James Horner 5. The Harry Fox Agency, Inc. offers mechanical and synch- 11. According to SoundScan’s 2005 Year-To-Date Soundtrack ronization licensing services. chart for the week ending September 25, 2005, how many mo- vie soundtrack albums initially released in 2005 have sold more A. True than 30 0,000 co pies in the U.S.? B. False A. none 6. Coldplay has been no stranger to TV and movie sound- B. 1 tracks. Select the TV series or film whose soundtrack did NOT C. 5 contain a Coldplay track: D. 13 A. Proof (starring Gwyneth Paltrow, Anthony Hopkins and 12. This year’s Emmy for Ou tstanding Main Title Theme Mus ic Jake Gy llenh aal) was awarded last month to: B. Roswell (the UPN sci-fi teen drama) C. Six Feet Under, Vol. 2: Everything Ends (HBO series) A. James L. Venable for Cartoon Network’s “Foster’s Home D. Garden State (the Fox Searchlight/Miramax film starring For Imaginary Friends” Zach Braff) B. W.G. “Snuffy” Wa lden for Showtime’s “Huff” C. Michael McCuistion for Cartoon Network’s “Justice League 7. The sou ndtr ack albu m to the T wen tieth Cen tury Fox film Unlimited” Fantas tic Four featured suc h heavyw eights as Velvet Revolver, D. Danny Elfman for “Desperate Housewives” Taking Back Sunday, Chingy, Joss Stone, Ryan Cabrera, Sum E. Joel Goldsmith for Sci Fi TV’s “Stargate Atlantis” Forty One, Simple Plan an d Lloyd Banks . According to SoundScan as of Septemb er 28, 2005 , how ma ny units of th is 13. Which mu sic c om pan y rec ently ann oun ced t hat it wou ld album ha ve been sold in the U.S .? discontinue subscribing to SoundScan at the end of this calen- dar year? A. less than 50,000 units B. more than 225,000 units A. Capitol/EMI C. more than 500,000 units B. Sony/BMG D. more than 1 million units C. Warner Bros. D. Universal 8. True or False: The National Music Publishers Association (NMPA), the Harry Fox Agency, Inc. (HFA) and the Recording 14. Each of the following artists ha s been featured on 2 or Industry Association of America (RIAA) recently reached an more soundtrack albums. Match the a rtists with the p air of al- agreement sett ing forth the r oya lty ra tes a pplicable to bums on which they appear: Internet-based music subscription services which offer limited- use down loads and o n-deman d streaming. A. Inte rpol B. Jimm y Ea t Wo rld 9. Five years ago, the film “Oh Brother Where Art Thou” fea- C. Imogen Heap (a.k.a. “Frou Frou”) tured country, bluegrass, folk, gos pel, and blues music of the D. Eels Depression era. The soundtrack album has sold over 7 million copies to date in the U.S. The summer of 2005 saw The Dukes i. Shrek 2 and Music From The O.C.: Mix 2 of Hazzard come to the big screen, which also featured region- ii. Music From The O.C.: Mix 2 and Six Feet Under, Vol. 2: al music (i.e., southern rock and country) featuring the likes of Everything Ends the Charlie Daniels Band, Lynyrd Skynyrd, Stevie Ray iii. One Tree Hill: Mu sic From The WB Television Series and Vaughan, Willie Nelson, and Jessica Simpson’s remake of Nan- Music From The O.C.: Mix 3 – Have A Very Merry cy Sinatra’s “These Boots Are Made For Walkin’.” The film was Chrismukkah number one in the country on opening weekend and has since iv. Music From The O.C.: Mix 4 and Garden S tate grossed about $80 million at the box office to date. How many units has The Dukes of Hazzard album sold in the U.S. (as of 15. Finally, back to the “o ld codgers.” Put the following artists late September 20 05, acco rding to Soun dScan)? in age order from youngest to oldest: A. 200,000 units A. Paul McCartney B. 500,000 units B. Eric Clapton C. 700,000 units C. Mick Jagger of The Rolling Stones D. 1,000,00 0 units D. Bob Dylan (Answers on Page 5) ADVENTURES IN MUSIC LICENSING Steven Winogradsky, Esq. It seems that everyone who of course they could do it, if they right owner who demands un- works in TV or film production had enough time to learn how to reasonable terms. For example, knows two things: (1) their own contact all the parties and what there is one publisher who, as job, and (2) music. We all listen each party’s policies are. What part of their motion picture li- to the radio or CD player in our music clearance companies sell is cense, has a clause making it a car and have a feeling of what we their expertise.