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According to the decision of the court inCroce v.Kurnit, which of the following is true? Question 1 options: a) If a manager breaches a contract

According to the decision of the court inCroce v.Kurnit, which of the following is true?

Question 1 options:

a)

If a manager breaches a contract with an artist by grossly underpaying money owed to the artist, the artist is entitled to rescission of the contract.

b)

A contract between an artist and manager is unconscionable if it contains terms much more favorable to the manager.

c)

A lawyer can have a fiduciary duty to nonclients and can violate that duty by explainingwhatterms of a contractmeaneven if the lawyer does not advise as to whether the terms are favorable and doesn't suggest that the nonclient should agree to the terms.

d)

A contract between an artist and manager that contains terms much more favorable to the manager can be rescinded due to fraud.

Question 2 (5 points)

Which of the following types of music publishing contracts does not include a songwriter as one of the parties to the contract?

Question 2 options:

a)

Single Song Agreement

b)

CoPublishing Agreement

c)

Administration Agreement

d)

SubPublishing Agreement

Question 3 (5 points)

In contracts between artistsand concert promoters,what will a very popular artist usually be paid in return for performing at concerts?

Question 3 options:

a)

A guaranteed fee

b)

A percentage of income from ticket sales

c)

A guaranteed fee and a percentage of income from ticket sales

d)

An hourly wage and free beer

Question 4 (5 points)

A film producer wants to make a remake of the popular 1977 film "Saturday NightFever." However, instead of using 1970's disco music, the producer wants to use popular modern songs, including "Take You Dancing" (recorded by Jason Derulo). The copyright to the song is owned by Sony ATV Publishing. What license must the producer obtain to use the song in her film?

Question 4 options:

a)

A performance license

b)

A synchronization license

c)

A master use license

d)

A mechanical license

Question 5 (5 points)

How much of the income earned by an artist will the artist'spersonalmanager usually be entitled to?

Question 5 options:

a)

510%

b)

1015%

c)

1520%

d)

50%

Question 6 (5 points)

Which of the following is true with respect to a 360degree recording contract?

Question 6 options:

a)

The artist grants all copyright ownership in songs written by the artist to the record company.

b)

The artist grants all copyright ownership in sound recordings the artist creates to the record company, but the record company has no interest in other aspects of the artist's career.

c)

The artist grants all copyright ownership in sound recordings the artist creates to the record companyand alsogrants partial rights in income generated from other aspects of the artist's career.

d)

The artist keeps all copyright ownership in soundrecordings, butagrees to pay the record company a small share of income from sale and licensing of recordings.

Question 7 (5 points)

Concert Promoter and Artist reach an oral agreement to have Artist perform at a series of concerts in Arizona during the month of February.They exchange emails covering the main terms of the deal, including:

Concert Promoter will reach deals with the concert venues and will advertise and promote the concerts

Artist will be paid a guaranteed fee of $20,000 per concert

Concert Promoter and Artist plan to negotiate the details andenter intoa written contract, specifying all terms of the deal. Concert Promoterenters intocontracts with several venues and starts promoting the concertsalthough tickets have not yet been offered for sale. However, before a written contract is finalized, Artist notifies Concert Promoter that he has changed his mind since he's been offered a European tour which will pay more money. Concert Promoter sues Artist for breach of contract, but Artist claims that there was no contract. Which of the following is the probable result?

Question 7 options:

a)

Artist did not breach the contract.Since there is no finalized, written contract, there can be no breach by Artist.

b)

Artist did not breach the contract since tickets for the concerts have not yet been offered for sale.

c)

Artist is liable for breach of contract only if Artist cannot reschedule the European tour.

d)

Artist is liable for breach of contract. Since the main terms were agreed upon and performance begun by Concert Promoter, there is a valid contract.

Question 8 (5 points)

As of 2019, the greatest source of income from recorded musicin the U.S.comes from:

Question 8 options:

a)

Compact disc sales

b)

Online streaming (e.g., Spotify, Apple Music, Tidal)

c)

Digital downloading services (e.g., iTunes,emusic)

d)

Licensing for use in movies and television

Question 9 (5 points)

Assume (for this question)that David Moser can own a trademark in the name "Dave Moser Band."He wants to register the trademark in order to prevent others from using the same name to sell recordings and other products as well as in connection with live performances of music.An entertainment attorney advises him that he can get this done by filing a trademark registration application with the U.S. Patent and Trademark Office, but he must pay more than one filing fee for the different products and services he wants the trademark to cover. The attorney's advice is:

Question 9 options:

a)

True

b)

False

Question 10 (5 points)

Willy Wildcat, after graduating with a University of Arizona bachelor of law degree, decides he doesn't want to be a lawyer. Instead, he wants to pursue his childhood dream of being a country music singer. Willy makes an audio recording of a song titled "I Fought the Law" which was written in 1959 by Sonny Curtis and the copyright of whichwas owned by Sony/ATV Music Publishing. "I Fought the Law" was recorded by a group Curtis was a member of called TheCrickets, butwasn't very popular. However, the song wassubsequentlyrecorded in 1966 byThe Bobby Fuller Fourand became a top 10 hit. It waslaterrecorded byThe Clashin 1979 and became a hit again. "I Fought the Law" has also been recorded by other artists including Hank Williams, Jr., Bruce Springsteen and Green Day. Willy, however, knows that his cover version of "I Fought the Law" will be much more popular than any other versions. Accordingly, he plans to independently release his recording on Apple iTunes, Amazon Music, Spotify and other online music services.

What type of license, if any, is needed by Willy to make and release his recording?

Question 10 options:

a)

Performancelicense

b)

Synchronizationlicense

c)

Recordinglicense

d)

Mechanicallicense

e)

None, because the song is too old to be protected by copyright

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