muin 1

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muin 1
2012-09-26 23:58:23

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  1. Artist vs. Writer
    • Artist refers to the person performing the song/work, not necessarily also the writer
    • Writer is the person who actually wrote the song (or in the case of work for hire, the person or corporation that hired the songwriter)
  2. 4 phases of tech evolution
    • 1. Amateurs/tinkerers
    • 2. commercialization
    • 3. creative anarchy
    • 4. rules/laws
  3. ARPU
    = avg rev per person
  4. copyright - short definition
    a limited duration monopoly
  5. the Bundle of Rights = D3RP
    • derivative works
    • display publicly
    • distribute
    • reproduce
    • perform publicly
  6. 3 requirements to qualify for copyright ownership
    • 1. original work
    • 2. fixed in tangible forum
    • 3. displays some degree of creativity
  7. works covered by copyright-- list 4
    • maps/charts
    • books
    • songs
    • movies
    • pictures
    • sculptures
  8. copyright notice
    • no longer required today
    • for songs: symbol or word copyright, year of publication, name of the owner
    • for sound recordings: symbol and year of publication
  9. registration/deposit
    • not a condition of (C) ownership anymore
    • only establishes a public record of an author's (C) claim
    • best proof in event of dispute, but must be submitted before an infringement suit may be filed, necessary to claim statutory damages, attorney's fees, or anything beyond "actual" damages
  10. renewal
    authors used to have to renew their (C)
  11. publication
    • all publishers try to own or control the rights to the materials they publish
    • music publishing: exploit intangible property, money made through licenses
  12. public domain
    works in public domain are those whose intellectual property rights have expired, been forfeited, or are inapplicable. 
  13. fair use
    • right of the public to make a "reasonable" use of copyrighted material without copyright owner's consent
    • meant for advancement of learning and knowledge
  14. 4 factors to consider on fair use
    • 1. effect on actual or potential market for the work
    • 2. nature of copyrighted work
    • 3. amount and substantiality of portion used
    • 4. purpose and character of use
  15. first use
    law allows the owner to control who gets song record for the first time. once recorded, anyone can get compulsory license.
  16. first sale doctrine
    provides that copyright owner is only entitled to compensation for the FIRST sale of the copy embodying the work. thereafter that owner of the one physical copy can do whatever they want with it
  17. work for hire
    • showed up in 76 act
    • if a new work is a work made for hire, the hiring party is legally considered the owner AND the author
    • to qualify, the work must be prepared by an employee within the scope of his/her employment, or specially commissioned and based on a written agreement
    • term for WFH: 95 yrs from publishing or 120 years from creation, whichever comes first
  18. assignment/transfer
    giving/selling the admin rights to someone else
  19. termination rights
    • an author has a ONE-TIME right to revoke the transfer of their work to a new owner and get it back
    • law says you can do this 35 yrs from the assignment (if transfer was made on or after 1/1/78)
    • must send formal notice 2-10 yrs prior to termination date takes effect
  20. statute of anne
    • authors should have a natural right of ownership
    • offered statutory copyright to anyone (publishers AND citizens can get)
    • limited term length for new registrations = 14+14
    • only the author can renew
    • didn't specifically discuss expiration
  21. 1909 act
    • required: notice, registration, publication
    • term: 28+28=56 yrs from publication
    • first sale doctrine
    • mechanical royalties added
    • statutory rate added
  22. 1972 act
    sound recordings added to copyright
  23. 1976 act
    • effective 1/1/78
    • terms revised (works after 1/1/78 no need register or publish, author's life +50yrs; terms before 1/1/78 not in public domain by then got automatic 19 years more = 28+28+19= 75yrs)
  24. 1998 act
    20 yrs more added to ALL copyrights
  25. terms of (C) per act
    • statute of anne = 14+14
    • 1909 = 28+28
    • 1972 = 28+28
    • 1976 = 28+28+19 or life+50
    • 1998 = 28+28+19+20 or life+70
  26. why (C) term is increasing
    • wanted into international treaty for benefit of international copyright protection
    • (C) is an asset, want to be able to will it onto heirs
    • soon a lot of older "classic" songs will go into public domain and huge loss of money for those people
  27. what are and why are there (C) law exceptions
    • 76 act: termination rights, fair use, compulsory mechanical license
    • really wanted into berne convention. congress wanted to balance the incentives of people to create and public to consume. if (C) too long, public loses. exceptions a way to use songs but not violate copyright laws
  28. joint work
    • copyright shared by more than one party
    • if you don't negotiate, equal shares
    • license can be authorized by either/any of co-owners, unless previously agreed upon
  29. license
    limited permission agreement to use the property
  30. what do publishers do
    • acquire song copyrights
    • administer song (C) registration documents
    • market their catalogs
    • create catalogs of what songs they own/control
  31. melody and lyrics
    elements of a song that are copyrightable
  32. mechanical license
    contract that gives the rights to use that song, and explains who/what/when to pay
  33. mechanical royalty
    money paid by record companies (song users) to publishers (song owners) for the right to use (reproduce and distribute) songs on records
  34. mechanicals
    things/devices that play songs
  35. statutory rate
    • the fee to incorporate a song on a device
    • 9.1 cents if ≤ 5min 
    • or 1.75 cents/min if >5min
  36. compulsory mechanical license
    • only for records
    • c

    • opyright
    • term being extended so how would the owner get hurt by people just making covers. No harm as long as it’s a cover and you pay. (course there are always exceptions) But life +70 is a long time that we can’t productively access the
    • song.
    • first use must be established, label must pay full statutory rate, can only be a cover, no other type of song license/uses apply
  37. song-plugging
    • proactively work to get licensees
    • pitching the song to people who can make things happen
  38. publisher types include
    • full service
    • independent
    • artist/writer owned
    • co-publisher
    • sub-publisher
    • administrative publisher
  39. full service publisher
    • fully staffed to perform ALL the operations
    • takes ownership of (C)
  40. independent
    • greatly range in size/scope/market
    • takes ownership of (C)
    • usually focus on one genre of the market
    • sometimes hires a DIFF publisher to do SOME part of their responsibilities
  41. artist/writer owned publisher
    • artists keep song ownership including admin rights
    • sometimes might eventually make a deal with administrative publisher
  42. co-publisher
    • splits publisher's share
    • often also splits ownership of copyright
  43. sub-publisher
    • publisher that takes care of administration for you in a different country
    • keeps ~15-25% off the top
  44. admin publisher
    • does NOT get (C) ownership or handle any song plugging
    • DOES admin duties, term of deal is shorter (~5-10yrs)
  45. splits
    slang that describes how ownership is negotiated
  46. income/ownership/admin rights
    • paid in 2 equal shares
    • when a writer assigns the copyright, 100% of publishing rights are assigned but publishers can only take 100% of the publisher’s share.
    • a composer who never assigns his copyright and publishing rights to anyone retains BOTH shares. Therefore he IS the publisher and writer for both.