| The rights for copyright holders |
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? reproduce the work
? distribute copies of the work
? perform the work publicly
? make a derivative work |
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| Basic history of copyright law. Where it originated and the major copyright legislation milestones in the USA |
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? originated from Statue of Anne > Prevented the copying of “writings” for 14 years
? French laws in 1791 and 1793 > encompassed other works of “fine art” |
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| What section of the USA Constitution does this come under? |
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| What other items are addressed in that section? |
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? Laid out the powers of Congress
? Borrow Money/Regulate Commerce
? Rules of Naturalization
? Establish the Post Office
? Form Armies and Declare War
? Make Laws to enforce the Constitution
? Promote Science and Useful Arts |
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| The main points and copyright term in the Copyright Act of 1790 |
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? First federal copyright law
? “fourteen years from the time of recording the title thereof”
? Does not include performance and mechanical rights |
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| The main points and copyright term in the Copyright Act of 1909 |
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? Allows for the right to perform the work publicly
? Translate the work into other languages
? right of mechanical reproduction
? copyright notice required
? First term is 28 years with an option to renew for a total of 56 years |
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| The main points and copyright term in the Copyright Act of 1976 |
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? Sound recordings defined > “original works have a fixed in tangible form”
? Phonorecords defined > “Physical objects in which sounds are fixed”
? Finally addressed TV, cable, movies, records
? Publication is “distribution to the public
? Spelled out “fair use”
? Life of the composer plus 50 years
? Broadened protection to works not published
? Right of Termination (begins 2013!)
? Went into effect January 1, 1978 |
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| The outcome of the Berne Convention Implementation Act of 1988 |
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? Not necessary to have the copyright notice on the work
? Work does not need to be registered, but you must register in order to file claims
? Transfer of ownership not required to be registered
? PD songs in the USA become protected |
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| What was changed in the Copyright Term Extension Act of 1998 (Sonny Bono Act)? |
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| ? Extended existing copyright by 20 years > now 70 years after the death of the composer |
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| What is the duration of a copyrighted work published since 1/1/78? |
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| ? 70 years after the death of the composer |
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| What if there is more than one writer? |
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| ? 70 years after last surviving writer |
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| How long is work for hire works covered in the USA? |
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? 95 years from publication
? 120 years from creation |
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| What’s a mechanical license? |
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| ? Authorization granted by the publisher to record and distribute a song in a format specifically for consumer (home) use. |
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? The copyright owner must license to anyone who wants to use it in a phonorecord? It is compulsory if the work falls into these categories:
0 The song is non-dramatic musical work.
0 It has been previously recorded.
0 The previous recording has been distributed publicly in phonorecord.
0 The new recording doesn’t change the basic melody or fundamental character of the song. |
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| What is the statutory mechanical royalty rate? |
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? .091 cents up to 5 minutes
? 1.75 per minute over 5 minutes long |
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| ? Set by Copyright Royalty Board |
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| Are jukebox licenses compulsory? |
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| Are broadcast licenses compulsory? |
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| Are cable re-broadcast licenses compulsory? |
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| Explain what a synchronization license is |
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| A license to use music in “timed synchronization” with visual images |
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| Know the difference between the master rights and the publishing rights |
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| Master Rights – The owner of a song’s Master Rights owns the song’s sound recording. That means that if you want to use the song, as you know it by the original artist, you must clear the Master Rights. Clearing the Master Rights does not include Publishing Rights. Master Rights are useless to the requestor without the Publishing Rights.
? Publishing Rights – The owner of a song’s Publishing owns the rights to the Composition. These rights need to be cleared in almost all instances |
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| Know all the Performing Rights organizations in the USA and some major foreign markets |
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? USA: ASCAP, BMI, SESAC
o Foreign
0 Canada – SOCAN
0 Mexico – SACM
0 UK – PRS – (Performing Rights Society)
0 France – SACEM
0 Holland – BUMA
0 China – Music Copyright Society of China
0 Peru – APDAYC |
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| ? Digital Performance Royalties are paid then distributed through them |
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| Is there performance income in movie theatres: |
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a. In the USA? No
b. Outside the USA? Yes |
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| Royalty rates for different types of print music |
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? Sheet music – 20% of retail price
? P/V/G and Guitar Tab 10 -12.5% of retail
? Personality/Matching Folios 5% of SRP for NIL
? Educational – 10%
Paper Greetings – 5-8%
Reprint of lyrics on clothing – 8-11% |
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| Who is performance income outside the USA paid to? |
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| Pay the local subpublisher’s share and writer’s share goes to (ASCAP, BMI, SESAC) |
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| How much do subpublishers keep? |
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| Who usually owns the masters? |
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? If the an artist finances the production of his album, then the artists owns the master
? If the situation of the other way around where the studio or music label finances the production of the album, then the studio is the owner of the master |
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| Another name for a production music house? |
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| What publisher owns most of the Beatles songs? |
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