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Glossary of music buiness law 1

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What is the definition of an "employee" and "employer" by law
Master=employerservant=employee
T/F : The borrowed servant is regarded as acting for the borrowing master & and the lending master is liable for the sevants acts.
False: the lending master IS NOT liable for the servants acts because the servant is working for the borrowing master
T/F: The employer is liable only if the acts occured whike the employee was acting within the scope of employement
True
An employee is perfoming a task for their employer that would have necessitated a trip by another employee. What is this execption from the going and coming rule called?
Dual purpose
T/F :In refrence to frolic and detour, the employer isn't liable for employees making trivial departues from thei job on the employers time
False: the employer is liable because the employee is still on the clock!
What is re-entry?

when the employee is reasonably near the authorized space and time limits, and also acting with intent to serve the employer’s business

What are the 4 elements of negligence?
dutybreachcausationharm
What are the four elements of fraud?
knowing misrepreentationintent to defraudjustifiable relaincedamges
What is a tort?
A civil wrong for which a remedy is available
What is fiduciary duty?
An affirmative duty, due to the relationshop between the parties
How does apparent agency work?
the employer may be bound or held liable for acts commited by an unauthorized person; this applies to contracts, negligence, and other torts!
What is the purpose of anit-trust?
to protect the economy and ensure competition; it prevents retraints on trade and prevenst monoplies
What is the argument that competition needs to be protected?
It stimulates innovation and benefits consumers
T/F: the clayton act of 1914 outlawed mergers which will lessen competition 
true
The intent to control prices and destroy competion is called what?
monopolization
What is market power?
Having the ability to affect the market price without having total control of the market
What is a non-competition agreement?
an agreement not to sell competing products or services
What is tying?
When a product is sold with another product
Define a "Grant-Back" guarantee
when the licensee ( consumer) is required to turn over any improvemnts made to a technology that they licensed
What is price fixing
When competitor agree to set the same price
What is customer allocation agreement?
divide up customers to reduce or elimate competition
What is bid riggiing?
Conspiring to affect the outcome of bidding
What is payola
the acting of bribing radio stations in exchange for increased airplay ( the key to album sales)
T/F: pay for play is not illegal as long as listeners are told about the arrangement
true!
What are some types of restrictions with regards to freedom of speech?
Conent based- where what is said is restricetedcontent neutral- where the speech is restricted without regard to the content
By defintion, how is incitement to crime an violence proven in court?
The words must be intended to incite criminal actionand tha the action from the inttent is likely to happen
T/F: obsecne speech is not protected in court and may result in  criminal penalties
true! 
What are the key variables for indecent material to be protected by the first amendement?
Time and context
What are the 5 elements of a valid contract?
UnambiguousConsiderationcapacityno illegal actsmutual agreement
T/F: Oral contracts are valid in the court of law
true! they are valid, but difficult to uphold and prove;
 With regards to formation, who is the master of the bargin?
The offeror is  ALWAYS the master of the bargin
What is the mailbox rule?
when an acceptance is effective once it has been mailed
What is the mirror image rule?
When acceptance of the terms must be unconditional and not change, add to, or qualify the terms of the offer
What is counter offer?
An offer tha varies the terms of the original offer
What are some standard definitions in a contract?
Rectial- the background of the transactionRider-an attachment to an agreement for a live perfomancetitle- The right to control and dispose of property
An express or implied promise that something is guranteed and must ne compied with is called...
a warranty
What is indemity?
a duty to make good any loss, damage, or liabilty incurred by another
What are the 2 types of conditions in a contract?
condition precedent- when something must happen before other obligations will arise
condition subsequent- something which will cause the contract to prematurely come to an end without liability of either party
What are the differnent types of covenants in a contract?
covenant not to compete- where their is a promise not to do somethingoption- a privalge that one party may or may not choose to excercise
What is breach and what are the types of breach?
where a party failes to adhere to the promises in the contract without a reason3 types: Material- most severeimmaterial- minimal breachanticipatory breach-where a party expresses that they will not be able to adh
What is a tort?
A civil wrong for which a remedy is avaliable
What are the 2 types of speech?
Pure-written and spoken word
Symbolic
What are the 2 types of restriction on speech?
content based- what is said is restricted
Content neutral- Speech restricted w/o regard to content (time place and manner restriction)
What kind of restriction does not restrict what is said, but considers the time, place or manner of speech?
content neutral
What type of speech is unprotected, has no safe harbor and may result in criminal penalties?
obscenity
what group was responsible for causing the RIAA to place warning stickers on albums?
PRMC= parents' music resource center
Of all forms of communication, which receives the least first amendment protection?
broadcasting!!!!
What is safe harbor?
a designated time (10p-6am) where a radio station may broadcast indecent or profane material
What is the name of the administrative body which regualtes interstate communication?
the FCC
What was the regulation issue in Ward v. Rock against Racism?
The City of New York attempted to control the volume of amplified music that was played at the venue
What is the purpose of antitrust laws?
to protect the economy and ensure competitionby preventing restraints on trade and monopolies
How does marketplace competition protect consumers?
keeps prices lowerbetter qualityand greater choice
Does the Sherman Act provide for criminal penalties, civil penalties or both?
Both
What are the 3 elements of a consent decree?
no admission of guiltcease anti-competitive conductnot vulnerable to private suit piggybacking
How is monopolization established?
having the intent to control proces or destoy competiton2. predatory or anti-competitve conduct3. Dangerous probablity of success
t/f: If my ompany has the ailty to affect the price without having total control of the market, my company has acquired market power
TRUE!
Clear channel used negative synergy by limiting airplay of artists who didn't use its conert services. What king of antitrust violation is this?
tying- product only being sold with another product
Who has the responsibility to ensure compliance with antitrust laws, and therby may be held for violations?
The supervisors of the company
T/F: If an artist pays a DJ to play thier record, and the DJ plays the record after annoucing the artist paid for the play, this is a action of payola
False! Since the DJ announced that the artist payed for the play of the record, then it is legal as a "pay for play" 
what is payola?
when DJ's a bribed to play songs for compensations
What is " respondant superior?
where the employer may be held liable for the acts of an employee
Who may be held liable for the acts of a borrowed servant?
The borrowing master
T/F: An employer is liable only if the employee's acts were commited within the scope of employment
TRUE
What are acts considered to be within the scope of employment?
If the empoyee is motivated by a desire to serve the employer's interests
When is an employer liable for the intentional torts of his employee?
If it tort is a forseeable consequence of the activity2. if it is done when the servant is engaged in the masters business
What is apparent agency?
when a person creates the apperance that he is represented and a 3rd party relies on the representation and is harmed
Once an employer ratifies an act, may the empoyer later avoid liabilty or deny an agency relationship?
NO!
What are the goals of negotiation?
to produce a wise agrementimprove the relationship between the 2 partiesto produce a wise agreement
What are the elements of a wise agreement?
meets legitimate interestresolves the conflict fairlydurable
What are the 4 steps of a principle negotiation?
seperate people from the problemfocus on interests, not positionsgenerates optionsbase the results on objective criteria
What are the 2 questions you should ask to identify your interests?
why and why not
What is BATNA and why is it important to know your BATNA? 
BATNA=Best alternative to negotiate an agreemetimportant because its need to know whether to accpet alternative arrived at through negotiation versus ending negotiation

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