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? A limited duration monopoly |
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? Original works of sufficient materiality |
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When does something become copyrighted? |
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? As soon as you make a tangible copy |
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Are you required to register your copyright with the Copyright Office? |
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What are the exceptions to the copyright monopoly? |
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? Cable television rebroadcast ? Public broadcasting system ? Jukeboxes ? Digital Performance of Records ? Phonorecords and digital downloads of nondramatic music compositions |
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? Includes plays, screenplays, scripts, choreographic notation, choreographic shows and scenarios for a film (but not the film itself). Any work that is intended to be performed dramatically is a dramatic work. |
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When did mechanicals first appear in the copyright law? |
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? The 1909 Copyright Act, section 115 |
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What does “mechanical” mean? |
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? Once a song has been recorded and released to the public, the copyright owner must license it to anyone who wants to use it in a phonorecord (defined as such in the Copyright Act) for a specific payment established by the law. ? Refers to payments for devices “serving to mechanically reproduce sound” |
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When does a mechanical license become compulsory? |
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? If the song has already been released |
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Under what conditions is a copyright owner required to issue a mechanical license? |
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? The song is a non-dramatic musical work ? It has been previously recorded ? The previous recording has been distributed publicly in phonorecords ? The new recording doesn’t change the basic melody or fundamental character of the song ? The new recording is only used in phonorecords (audio-only recordings). Excludes home video. No compulsory license for DVDs. |
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Are mechanicals paid on free goods? |
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What is the makeup and function of the Copyright Royalty Board? |
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? Three judge panel that sets the mechanical royalty rates, cable TV secondary transmissions, non-commercial broadcasts for non-dramatic works, digital performance of sound recordings, and digital delivery of phonorecords |
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What are foreign mechanicals based on? |
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? Paid as a % of the wholesale price |
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What are the main functions of a publisher? |
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? Administration Rights ? All obligations ? Finding users, issuing licenses, collecting money, and paying the writer |
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How do publishers normally split the money with their writers? |
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What are the various types of music publishers? |
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? Majors ? Major Affiliates ? Independents ? Writer Publishers |
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What are the major sources of music publishing income? |
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? Mechanicals ? Performance ? Synchronization ? Print |
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What is the name of the company that issues mechanical licenses in the USA? Canada? |
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? Harry Fox Agency ? Canadian Musical Reproduction Rights Agency |
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What fees to they take for their services? |
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? Harry Fox 8.5% ? CMRRA 6% |
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What else do these organizations do? |
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? Quarterly, 45 days after the close of the quarter |
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Do record companies normally pay the full statutory rate? |
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If not, what rate do they normally pay? |
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? Normally in the 75% of statutory rate range |
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Understand what a Controlled Composition Clause is and the various rates paid under it |
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? Controlled Composition Clause – Puts a limit on how much the record company has to pay for each controlled composition. ? Normal Rate – 75% ? Record clubs or budget records – 50% ? Albums – usually ten times the single song rate per album ? No mechanical free goods on CC ? No – mechanical paid for multiple uses ? PD Songs – No or 50% the normal royalty |
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? Digital Phonorecord Delivery |
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When was this added to the copyright law? |
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How licenses with venues are normally issued? |
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Can a writer affiliate with more than one PRO? |
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Can a publisher affiliate with more than on PRO? |
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? Yes, but under different names |
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Know how song usages are tracked in: |
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a. TV – Cue Sheets b. Movies – Not in US, Foreign based on the box office sales. c. Radio – Logs or digital monitoring services such as BDS d. Live performances – Set lists |
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What are the ranges of synch fees for use in different parts of a movie? |
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? Major Studio: $10,000-$100,000 ? Main Title: $50,000-$250,000 ? End Title: $35,000-$100,000 |
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? Most Favored Nations ? Everyone is paid the same rate |
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What are the normal fees for video synch? |
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? Flat Fee – $8,000 – $10,000 |
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Know the difference between interactive and non-interactive radio |
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? The main difference between interactive and non-interactive stations is the ability to skip songs ? Interactive – can skip and choose (Spotify) ? Non-interactive stations – same stream that is being broadcast over the air (Pandora) |
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What are the royalties based on? |
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? Subscription fees ? Advertising |
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What is a Mixed Bundled Service? |
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? a locker service, limited interactive service, downloads or ringtones combined with a non-music product such as a mobile phone, consumer electronics device or Internet service |
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What’s a Paid Locker Service? |
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? provide access to sound recordings of musical works in the form of interactive streams, permanent digital downloads, restricted downloads or ringtones, where the services has been purchased by the end-user |
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What’s a Purchased Content Locker? |
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? a free locker functionally provided to a purchaser of a permanent digital download, ringtone or CD where the music provider and locker have an agreement |
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What fees do foreign subpublishers take? |
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What does “At Source” mean? |
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? % taken based on the earnings in that country |
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Know about DART and the Audio Home Recording Act of 1992 |
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? Okay to copy records at home for private non-commercial use ? Imposes a tax on digital audio recorders and digital audio tapes |
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What is included in this act? |
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? Okay to copy records at home for private non-commercial use ? Imposes a tax on digital audio recorders and digital audio tapes |
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What is the most important thing to do when setting up a publishing company? |
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? Register the name with a PRO |
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What other things do you need to do |
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? Affiliate as a writer ? Fictitious Business Name Published ? Register the copyrights ? Register the songs |
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Who normally pays royalties to songwriters? |
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? Performance and DART money |
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What does “co-terminous” mean? |
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? Two or more deals with the same term |
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What is a “Passive 360 Deal”? |
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? Limit of participation to mechanicals ? Only publishing if the artist has a record deal ? Only on the records by that artist |
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With one songwriter writing the music and another one writing the lyrics, who controls each part of the song? |
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? if you write the lyrics you own 50% of the entire song |
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With different types of music uses, know who is responsible for collecting the money and paying the publisher? |
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? Broadcast (TV, Radio) – Publisher’s PRO. who collects from broadcasters ? Non Broadcast Performance (clubs, hotels) – Publisher’s PRO, who collects from these venues ? Mechanical Royalties- Recording Company ? Sheet Music Sales – Publisher’s Print Music Licensee ? Synchronization of music – Movie, video or game producers ? Special Permissions (greeting Cards) – publisher’s licensee ? Jukeboxes – Publisher’s PRO ? Dramatic – Producer of the dramatic performance ? Foreign Rights – Subpublishers, licensees abroad |
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What is “Net Publisher’s Share” or NPS? |
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? Two or more people share the copyright to a song |
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What is the normal range for publisher administration fees? |
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? 10 – 25 % of gross income range deducted first before anything else |
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What are some of the direct expenses that are deducted before the publisher receives their NPS? |
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? Copyright office, demo costs, collection fees, legal costs, preparation of lead sheets |
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Know the different types of publisher admin deals? |
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? One Administration ? One Administrator with Restrictions ? One Administrator with Direct Payment to Other Parties ? True co-administration ? Co-administration with Exceptions: 0 Controlled Compositions 0 Statutory Rate |
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What is a “cover record”? |
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? recording obtained by the administrator |
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What is the technical definition of “Work for Hire”? |
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? If it is made by an employee within the scope of employment |
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What are the criteria for qualifying for Work for Hire? |
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? Commissioned ? Created under a written agreement ? Created for use in one of the following: 0 A motion picture 0 a collective work 0 a compilation 0 a translation of a foreign work 0 a supplementary work |
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Understand Termination Rights |
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? Added in the 1976 Copyright Act ? You can get your copyright back 35 years after you transfer the rights to a publisher |
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Does it apply to Work for Hire? |
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? No, because there was no transfer in the first place |
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When were digital performances of masters and webcasting added to the copyright law? |
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? Sound Recordings Act of 1995 |
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What does that right grant and to whom does it grant it? |
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? Compulsory Mechanical License extended to include digital distribution of records ? Created a new right for the record company and artist to be paid when records are performed |
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Explain how the royalty money is divided up for this? |
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? Digital Performance Royalties are paid to Sound Exchange ? Record company gets 50% ? Featured Artist gets 45% ? Other Artists get the remaining 5% |
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What did the Fairness in Music Licensing Act of 1998 add to the copyright law? |
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? Act states that stores under 2,000 sq. ft. or restaurants and bars under 3,750 sq. ft. don’t need a license to perform music ? Advocated by the National Restaurant Association. WTO was not happy |
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What are the negatives for not registering a copyright with the Copyright Office? |
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? Can’t Collect compulsory license royalties ? Can’t file an infringement action ? If you don’t register within five years after first publication of work, you lose the legal presumption that everything in the registration is valid ? You can’t recover attorney’s fees nor can you get statutory damages unless you registered before the infringement happened |
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What are the legal remedies for copyright infringement? |
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? You get the fair market value of the use the infringer made ? You can recover the infringer’s profits ? You can get an injunction ? You can recover statutory damages ? The court can order destruction or seizure ? Criminal penalties for those who infringe ? you can get your court costs |
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What does “Copublishing” mean? |
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? Two or more people share the copyright to a song |
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