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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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