Copyrights and Publishing

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  1. What are the exclusive rights a copyright holder has?
    • reproduce
    • distribute
  2. What is necessary to make and distribute sound recordings of audio devices or "phono records" (any medium, even digital)?
    Mechanical license
  3. Why is it called a "mechanical"?
    Comes from a way to reproduce music besides sheet music
  4. Compulsory License
    Party can get a valid license without asking the copyright owner; subject to certain procedures being followed and a statutory rate of payment
  5. How do you obtain a Mechanical license?
    • the work needs to already be distributed to public in US by copyright holder
    • give the copyright holder 30 days notice
    • pay owner for the records you make and distribute (not sold)
    • not material changes to work (same words or same melody)
  6. What are the mechanical rates?
    • 9.1¢ for recordings up to 5 minutes
    • 1.75¢ per minute if over 5
    • *valid until 12/31/2017
    • Ringtones: 24¢ each
  7. Negotiated license
    • licensee and publisher can negotiate terms that suit the circumstance or business practice better
    • like old song compilations or a charity project
    • Can negotiate Most Favored Nations so you get paid the same as highest on compilation
  8. Commonly negotiated terms:
    • reduce rates; usually 75%
    • if royalty rate can be set, the date of recording, release or distribution determine rate
    • royalties paid on units sold+not returned instead of manuf.+dist.
    • royalty reserves (pay for 75% of copies in case of returns)
    • free goods (cost reduction for retailer)
    • special free goods
    • lyric reprint (print lyrics on liner notes)
    • Audit rights (see the books)
    • 1/4 or 1/2 year accounting
  9. Controlled Composition Clause
    line in artist contract w/ record label that limits royalties paid for any composition written, published or owned by the artist
  10. What typical Controlled Compositions Clauses look like
    • new artist has reduced royalty rate (usually 75%)
    • Ceiling on amount of mechanical royalties the label will pay for album
    • mechanical royalties paid from first unit sold
    • overages deducted from the artist's royalties
  11. Harry Fox Agency
    • 3rd party org. that administers issuance of mechanical licenses and collection of royalties for a lot of publishers in US
    • started 1927, owned by SESAC now
    • licenses can by applied for online for physical/digital copy (sometimes by SongFile too)
  12. Who collects foreign royalties?
    foreign mechanical rights societies gets them from labels and distributes to local publishers
  13. How does a US publisher get the foreign royalties?
    they engage foreign sub-publisher to collect royalties in the local territory
  14. What can HFA do about foreign royalties?
    HFA has reciprocal agreements in some territories to collect royalties for US publishers
  15. What is a Performing Rights Society?
    • an entity that licenses public performances of non-dramatic musical works on behalf of copyright owners
    • First one in France 1851 SACEM
  16. About ASCAP
    • founded 1914
    • response to 1909 amendment to copyright law that explicitly provided performance rights and no mechanicals or sync rights
  17. About SESAC
    • founded 1930
    • help Euro publishers w/ American performance royalties
  18. About BMI
    • foudned 1939
    • reaction to royalties paid by ASCAP
    • did a lot of "race music" when they were formed
  19. How many PROs can you belong to?
    one at a time, and music must be associated w/ affiliated publisher
  20. How are mechanicals monitored for TV?
    • PRO conducts census to track shows being broadcast and matching it to cue sheets that the production company makes
    • Factors: # of times played, circumstance, timing, time of day, # of stations
  21. How are mechanicals monitored for radio?
    radio reports programming and music played for a specific sampled period of time, PRO extrapolates the actual uses to estimate potential uses
  22. Blanket license
    an annual fee paid by national networks to cover the entire repertoire; fees individually negotiated
  23. Program licese
    • local stations won't use enough music to warrant the cost of a blanket license, so a program license allows them to pay for only the programs that actually use the music from a particular PRO
    • pay writes+publishers directly, no through PRO
  24. How is the fee calculated for a program license?
    calculated at the blanket rate broken down by hour and multiplied by a factor of 140%
  25. What can a broadcaster do if they want to bypass PRO?
    • negotiate with music owner
    • PRO not an exclusive deal, only opens doors
  26. What license does an establishment need?
    • place over 3,750ftpays blanket fee to ALL PROs to use their catalogs
    • money goes to general fund and distributed mostly like TV and radio
    • PROs have their own programs to allow songwriters to get paid for performing at venue
  27. What is watermarking?
    embedding digital ID into recording
  28. What is fingerprinting?
    analysis of waveform of a recording
  29. Limits to fingerprinting
    • not all analyzed
    • samples 
    • dialogue, sfx, dirty audio
    • performed by live act/actor on TV/Film
    • need enough time to sample it
    • use of sample libraries or beats
  30. What is streaming considered for PROs?  What about downloads?
    public performance; reproduction and don't need PRO licensing
  31. Types of streaming:
    • non-interactive: radio style, you don't pick song
    • interactive: you can control what you hear
  32. What kind of music is sync licensing for?
    pre-existing song not commissioned for film originally
  33. Why would a production company want to use an original composition?
    • match time period
    • lyrics in place of dialogue to convey message
    • scene w/ band playing in background
  34. Why do you need a sync license?
    copyright owner needs to authorize others to reproduce
  35. Synchronize
    right to reproduce an audio representation of a copyrighted work w/ a visual image on film, tape, or other visual media
  36. What 2 licenses do you need for sync?
    • composition (owned by publisher)
    • specific recording of that song (owned by artist's record label
  37. If you only have the composition license for sync, what can you do?
    record your own version w/out compulsory license
  38. What 2 things do you need for the composition license for sync?
    • permission from artist (no compulsory license)
    • license fee (no statutory rate)
  39. Copyright Act 1909 says
    • ideas need TANGIBLE MEDIUM of EXPRESSION to be considered copyrighted
    • 2¢ statutory rate added for music
  40. 1976 Copyright Act
    • Congress allows scientific writings to be protected
    • Really finished in 1978
  41. 1995 Copyright Act
    gives rights to recordings in digital format only
  42. What did 1976 Coypright Act allow us to do?
    • reproduce copies of master
    • derived from other works to create
    • distribute by sale of trans. ownership
    • perform publicly
    • display
Card Set:
Copyrights and Publishing
2017-03-14 00:56:26

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