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Midterm Study Guide

by: Zannah Leeds

Midterm Study Guide Music Contract and Negotiations

Zannah Leeds
Full Sail University
GPA 3.08
Music Contract and Negotiations
Victoria Hernandez

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About this Document

This is my Midterm Study Guide for Music Contracts and Negotiations
Music Contract and Negotiations
Victoria Hernandez
Study Guide
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This 7 page Study Guide was uploaded by Zannah Leeds on Friday January 30, 2015. The Study Guide belongs to Music Contract and Negotiations at Full Sail University taught by Victoria Hernandez in Winter2015. Since its upload, it has received 265 views. For similar materials see Music Contract and Negotiations in Music at Full Sail University.

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Date Created: 01/30/15
LCN Midterm Review 1 What are the two types of speech a m written or spoken word clearly stated I Symbolic intend to send a particular message likely to be understood by audience implication 2 What are the two types of restrictions on speech a Content Based what is said is restricted rather then how when or where i Ie not allowed to say bom in an airport ii Government must show that the regulation is l Necessary to achieve a compelling state interest 2 Narrowly tailored to achieve the state interest 9 Content Neutral time place and manner restrictions speech restricted without regard to content i Gov t has a legitimate content neutral interest ii Not broader than necessary 3 What kind of restriction does not restrict what is said but rather restricts the time place or manner of speech a Content Neutral 4 What three things must be shown to prove that the speech is incitement to violence a Brandenburg Test i Intended to incite criminal action ii That is imminent immediate iii Likely to result 5 What type of speech is unprotected has no safe harbor and may even result in criminal penalties a Obscenity i Whether the work taken as a whole lacks serious literary artistic political or scienti c value ii Whether the average person applying contemporary community standards would find that the work taken as a whole appeals to the prurient interest iii Whether the work depicts or describes in a patently o ensive way sexual conduct defined by state law 6 What group was responsible for causing the RIAA to place warning stickers on albums a PMRC Parents Music Resource Center i Formed in 1985 by Tipper Gore wife to Al Gore and other Washington Wives ii Claimed popular music was partially responsible for the increase in rape teen pregnancy and suicide iii Tipper Sticker Parental advisory warning sticker on selected releases 7 Of all forms of communication which receives the least First Amendment protection a Broadcast Radio 9 Most restriction least protection 8 What is safe harbor a The hours between 10pm and 6am 9 Radio stations may broadcast indecentprofane material 6 Never applies to obscene material 9 What is the name of the administrative body that regulates interstate communication by radio wire television and satellite 61 Federal Communications Commission 139 Civil Penalty 1 Revoke or deny reissue of licenses 2 Fine of up to 350000 ii Criminal Penalty 1 Fine andor up to 2 years imprisonment 2 State v Defendant 10 What is defamation a Knowledge that the statement was false or reckless disregard for the truth 9 Private Persons 139 Publication of a false statement of fact which harms their reputation 6 Public Figures 139 Made with actual malice 11 What is the purpose of antitrust laws a Protect the economv and ensure compem i Prevents restraints on trade ii Prevent monopolies iii Stimulates innovation amp efficient methods of production iv The purpose is to protect competition not consumers I Apply to virtually all industries 12 Name the three ways marketplace competition benefits consumers a Lower prices 9 Better quality 6 Greater choice 13 What are the terms of the Sherman Act and the consequences for businesses that Violate them a 1890 b Prevented unreasonable restraints on trade 6 Prevented monopolization of entire industries d Criminal statute 139 Company may be broken up or dissolved ii If found guilty people can piggyback sue in ciVil court for 3X damages Clayton Act of 1914 i Outlawed mergers that lessen competition 5 14 What are the three elements of a consent decree a No admission of guilt I Cease anticompetitive conduct 6 Not vulnerable to private suit piggybacking 15 What three elements must be satisfied to establish monopolization a Intent to control prices or destroy competition 9 Predatory or anticompetitive conduct 6 Dangerous probability of success in achieving monopoly 16 Define market power a The ability to affect market price 9 Key to monopolization 139 Don t need 100 of industry just market power 17 What are the antitrust Violations a Violation depends on length of contract location etc b Noncompetition Agreement 139 Agree not to sell competing products or services c Tying 139 Product sold only with another product d Price Fixing i Competitors agree to set the same price 6 Customer Allocation Agreement 139 Divide up customers to reduce or eliminate competition 18 19 20 21 22 23 24 25 26 1 Geographically time etc f Bid Rigging i Conspiring to affect the outcome of bidding Clear Channel used Negative Synergy by limiting airplay of artists who didn t use its concert services This is an example of which antitrust violation a Tying 9 Required labels who wanted to use concert services to also buy radio advertising In any business who has the responsibility to ensure compliance with antitrust laws and thereby may be held liable for violations a Supervisorsmanagers Define Payola a Bribing radio stations in exchange for increased air play of certain artists orsongs What must happen for pay for play to be considered legal 61 Listeners must be told about the arrangement What is respondeat superior a The responsible supervisor Who may be held liable for the acts of a borrowed servant a Borrowed Servant 139 An employee temporarily on loan to another employer 9 Borrowing master is liable Finish the sentence An employer is liable only if the employee s acts were committed within the a Scope of Employment When are acts considered to be within the scope of employment 61 The employee is motivated in whole or in part by a desire to serve the employer s interests What is the Going amp Coming Rule 61 An employee going to or coming from work is usually outside the Scope of Employment 9 Exception Dual Purpose 139 Employee is performing a task for the employer outside of work hours 27 28 29 30 31 32 33 34 35 36 When is an employer liable for the intentional torts of his employee a The employee s conduct was furthering the employer s interests 9 Within the Scope of Employment 6 Generally foreseeable consequence Define fiduciary duty a A trust that arises between a relationship that involves a special trust confidence or reliance Define apparent agency a Person A works for Person B Person C gets hurt from something person A did Person B is liable Once an employer ratifies an act may the employer later avoid liability Deny an agency relationship a No What are the goals of negotiation a Produce a wise agreement 9 Improve the relationship List the elements of a wise agreement a Meets legitimate interests 9 Resolves con ict fairly c Durable What are the four steps of Principled Negotiation a Separate people from the problem 9 Focus on interests not positions 6 Generate options d Base the result on objective criteria Why is it so important for people to put themselves in the shoes of the other party a Allows an individual to understand if the other party is even willing to negotiate Explain active listening a Pay attention What are the two questions you should ask in order to identify interests 37 What are some examples of fair criteria upon which the result of a negotiation can bejudged a Market value 9 Professional standards 6 Costs 38 What is BATNA Why is it important to know your BATNA a BATNA Best Alternative To a Negotiated Agreement 39 Under the Negotiation Jujitsu approach why should you use questions instead of statements when dealing with a difficult or positional negotiator a 40 What are the benefits of using silence when negotiating 41 What are some ways in which you can design a deal to minimize risks CASES McCollum V CBS Case Parents of a 19year old boy sued Ozzy and CBS alleging that Suicide Solution caused the boy to comment suicide Result Ozzy not guilty Type Incitement State V Biafra Case Jello Biafra lead singer for Dead Kennedys was charged for obscenity due to the F renkenchrist album cover Result Biafra not guilty Type Obscenity Luke Records V Navarro Case 2 Live Crew s Nasty as They Wanna Be was labeled as obscene trial court ruled the album as obscene Result Court of Appeals overruled due to the trial court judge relying on personal judgment of community standards expert witnesses testified the album had artistic value Type Obscenity FCC V Pacifica Foundation Case George Carlin s Filthy Words radio broadcast aired at 2pm a listener complained to the FCC Federal Communications Commission Result FCC issued a reprimand stating indecent but nonobscene material should be left to a time when children would most likely not be exposed Type Obscenity Hustler V Falwell Case Falwell sued for IIED Intentional In iction of Emotional Distress from Campari liqueur Ad Parody in Hustler parody disclaimer on ad Result Imposed a defamation standard Type Defamation


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