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Property comprised of a set of privileges to the creators of artistic works |
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What 3 exclusive rights does a copyright give you? |
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o who does it first o what unusual uses are ok o give compulsory license (same lyrics/chords) |
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Pre-requisites to get copyright |
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o original to author o fixed – made permanent in some way (on mp3, CD, vinyl) |
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• Take fixed version and lead sheet to library of Congress, who file song (2 version) |
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What is the problem with sending multiple songs under one heading to library of congress |
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must be able to remember heading or lose reference to song |
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what does Public Domain mean |
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copyright has lapsed public owns copyright |
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How long does it take a copyright to become public domain |
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70 years after life of author |
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3 ways to check a copyright |
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1. Pay a lawyer 2. Call performance society 3. search internet |
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Songwriter vs recording artists |
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Songwriter gets all rights |
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Assume 50-50 is no writing |
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No longer NEED to include but good idea to |
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Most important part of copyright |
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right to dictate who does the song first |
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must be writing must be in scope of employment |
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3 people who can own a copyright |
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songwriter publisher transferee |
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accounting every 30 days 10 cent statutory rate no price drops |
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accounting quarterly 7.5 cent statutory rate price drops |
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statute of limitation for songs |
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penalty for copyright infringment |
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label pulls record court order to pull song from record intent to infringe – monetary damages |
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2 Step Threshold in Establishing Infringment |
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Reasonable Access – reasonable possibility heard line before writing song
Sustainable Similarity – not identical but more than a little alike |
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allows religious and educational exceptions |
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distribution of physical product |
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how relevant/useful the infringement was |
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using short pieces of music in a long piece of music |
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What should you do if planning to use a sample |
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check with artist, label, and publishing company bring a demo before cutting the record |
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Elements of Contract law regarding infringement |
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Warranty Clause Indemnity Clause Satisfactory Master Clause |
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Warrant that product will serve its purpose |
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Makes one party step into shoes of other |
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Satisfactory Master Clause |
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How much time is considered major use when sampling |
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