Music lawresearch

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Music lawresearch

  1. 1. ©Jon R. CavicchiProfessor of Research IP Librarian
  2. 2. Music law under the umbrella of…
  3. 3. • The terms "music law" and "entertainment law", along with "business affairs", are used by the music and entertainment industry and should not be thought of as academic definitions.• Indeed, music law covers a range of traditional legal subjects including – intellectual property law • Copyright, trademarks, publicity rights, design rights, patents? – competition law – bankruptcy law – contract law – defamation – immigration law – health and safety law – licensing
  4. 4. Chapter 1. INTRODUCTION: THE MUSIC BUSINESS -- ITS PAST AND FUTUREChapter 2. THE ART OF MUSIC PUBLISHINGChapter 3. SONGWRITING AGREEMENTSChapter 4. CO-PUBLISHING AND ADMINISTRATIONChapter 5. INTERNATIONAL SUBPUBLISHINGChapter 6. THE SPLIT COPYRIGHT SYNDROMEChapter 7. THE LANGUAGE OF MUSIC LICENSINGChapter 8. FORMALITIES OF MUSIC LICENSINGChapter 9. DURATION OF COPYRIGHT ASSIGNMENTS OF COPYRIGHT, AND LICENSESChapter 10. BASIC CONSIDERATIONS IN MUSIC LICENSINGChapter 11. THE ART OF GRANTING AND CLEARING MUSICChapter 12. LICENSING MUSIC IN PRINT AND DIGITAL PRINTChapter 13. LICENSING MUSIC IN SOUND RECORDINGSChapter 14. LICENSING MUSIC IN BACKGROUND MUSIC SERVICES, DIGITAL JUKEBOXES, ANDOTHER COMMERCIAL REPRODUCTIONS (ELECTRICAL TRANSCRIPTION LICENSES)Chapter 15. LICENSING MUSIC IN AUDIOVISUAL WORKS (SYNCHRONIZATION LICENSES FORTHEATRICAL FILMS, TELEVISION PROGRAMS, MUSIC VIDEOS , ETC.)Chapter 16. THE USER-GENERATED CONTENT PHENOMENONChapter 17. OLD LICENSES, NEW USESChapter 18. LICENSING MUSIC IN LIVE AND RECORDED PUBLIC PERFORMANCESChapter 19. THE GRAND RIGHTS CONTROVERSYChapter 20. LICENSING MUSIC IN TELEVISION, RADIO, PRINT, AND INTERNET ADVERTISINGChapter 21. LICENSES FOR MUSIC BOXES, CONSUMER MUSICAL PRODUCTS AND OTHERMERCHANDISEChapter 22. LICENSING MUSIC IN VIDEOGAMES AND OTHER NEW MEDIA AND MULTIMEDIADEVICES AND ONLINE VERSIONSChapter 23. LICENSING OF SOUND RECORDINGSChapter 24. THE DIGITAL SAMPLING CONTROVERSYChapter 25. THE FAIR USE CONTROVERSYChapter 26. TYPICAL LICENSE FEES
  5. 5. For Music Counterfeiting &Piracy see IP CrimesResearch Pathfinder
  6. 6. Creators Music PublicIndustry Copyrights Policy End users
  7. 7. • Writers• Performers• Record labels• Music Publishers• Agents• Lawyers• Merchandisers• Live events sector• Production Personnel• Recording• Mixing• Sales & marketing• Derivative users• Consumers• Fair use• Courts• Administrative agencies• ADR
  8. 8. 1. Reproduce the Work: The rights to make copies of the work, such as the right to manufacture compact discs containing copyrighted sound recordings.2. Distribute Copies of the Work: The right to distribute and sell copies of the work to the public.3. Perform Works Publicly: Copyright owners of songs (but not owners of sound recording copyrights) control the rights to have their song performed publicly. Performance of a song generally means playing it in a nightclub or live venue, on the radio, on television, in commercial establishments, elevators or anywhere else where music is publicly heard.4. Make Derivative Works: A derivative work is a work that is based on another work such as a remix of a previous song or a parody lyric set to a well-known song (a classic example being Weird Al Yankovic’s song “Eat It” which combines Michael Jackson’s copyrighted original work “Beat It”with a parody lyric “Eat It”).5. Perform Copyrighted Sound Recordings by Means of a Digital Audio Transmission: This is a right recently added by Congress that gives copyright owners in sound recordings the rights to perform a work by means of a digital audio transmission. Examples of digital audio transmissions include the performance of a song on Internet or satellite radio stations (such as XM or Sirius).6. Display the Work: Although this right is rarely applicable to music, one example would be displaying the lyrics and musical notation to a song on a karaoke machine.
  9. 9. • Use a human being• Any port in a storm – Premium and open web• Mix and match dedicated music law tools with general tools that cover music law – Could be part of tools on digital property, media law, internet law• Harness technology to manage information overload.
  10. 10. • No music law tabs or topical areas – Consider Next and Advance work flow tools• Similar primary sources of law• Similar secondary sources of law – No dedicated music law resources – Note major titles exclusively on one or another • Nimmer on Copyright = Lexis exclusive• Similar practice tools – Forms, dockets, pleadings, briefs….
  11. 11. Quiz: what are primary sources in music law practice?
  12. 12. • Title 17 of the United States Code contains the text of current federal copyright law. The following is a selected list of important copyright statutes: – Copyright Act of 1909, Public Law 60-349, 35 Stat. 1075 (1909) – Copyright Act of 1976, Pub. L. No. 94-553, 90 Stat. 2541 (1976) – Digital Millennium Copyright Act (DMCA), Pub L. No. 105 - 304, 112 Stat. 2860 (1998) – Sound Recording Act of 1971, Pub. L. No. 140, 85 Stat. 39 (1971) – Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996)• Title 15 of the U.S. Code contains the text of three major antitrust statutes: – Sherman Antitrust Act, 26 Stat. 209 (1890) – Clayton Act, Pub. L. No. 63-212, 38 Stat. 730 (1914) – Federal Trade Commission Act, 38 Stat. 717 (1914)• Other statutes: – Trademark Act of 1946 ("Lanham Act"), Pub. L. No.79-489, 60 Stat. 427 (1946) – California Civil Code Section 3344 (Right of publicity) – California Penal Code Section 653w (Failure to disclose origin of recording or audiovisual work) – New York Civil Rights Law Sec. 50 & 51 (Right of privacy and action for damages)
  13. 13. • Keyword searches on open web and premium search sites• Find references in secondary sources and annotated codes• KeyCite and Shepards• Monitor news sources and social media – Alerts and clipping services• Limited help from West Topics and Key Numbers – COPYRIGHTS AND INTELLECTUAL PROPERTY>Subjects of copyright > Musical works – COPYRIGHTS AND INTELLECTUAL PROPERTY>WHAT CONSTITUTES INFRINGEMENT > Musical works – COPYRIGHTS AND INTELLECTUAL PROPERTY >Infringement>Evidence>Musical works.
  14. 14. Access is ubiquitous on Wexis and open web
  15. 15. • Trademark Manual of Examining Procedure (TMEP) - October 2012 – Wexis and open web such as PTO• Trademark Trial and Appeal Board Manual of Procedure (TBMP) – June 2012 – Wexis and open web such as PTO• Compendium II: Copyright Office Practices – Only in the UNH Law IP Mall
  16. 16. Copyright Boards• Decisions Of The Appeals Board - United States Copyright Office 1999-2012.• The Copyright Royalty Tribunal was established by act of October 19, 1976 (17 U.S.C. 801). – The Tribunal was composed of five Commissioners appointed by the President with the advice and consent of the Senate. – The Tribunal adjusted copyright royalty rates for cable retransmission of broadcast signals in recording new versions of previously recorded songs and for noncommercial educational stations that broadcast musical, pictorial, graphic, and sculptural works. – Now called Copyright Arbitration Royalty Panels (CARP)
  17. 17. • Find the law• Understand the law• Cite when indicated• Cross reference to other sources• Keywords for online searches• Keep up to date with the law• Spectrum of social media to traditional news to scholarship
  18. 18. UNH Law has HUNDREDS of music law treatises…BUT…
  19. 19. Updated Treatises for Legal Professionals We are updated and on Lexis or Westlaw Entertainment Law, 3d: Legal Concepts and Business PracticesEntertainmentand IntellectualProperty Law
  20. 20. Non Lawyer Guides
  21. 21. Finds formsanywhere on Westlaw
  22. 22. Set alert for new music relatedcases…monitor…harvest pleadings…
  23. 23. • Legal Resource Index is MOST powerful search tool – Almost 3000 law journal articles with music law subjects in title or indexing • Index examples : Royalties. Sound recording industry. Online music. International Federation of the Phonographic Industry. Internet piracy. Dancehall Music. Folk music. Judas Priest (Music group). Rock groups. File sharing. Music publishers. Soul music. Music industry. Theater - Production and direction Music.• Otherwise proceed with Wexis and open web keyword searching
  24. 24. Entertainment & Sports Law Journals• Cardozo Arts & Entertainment Law Journal — Benjamin N. Cardozo Law School, Yeshiva University. Cardozo Post-Soviet Media Law & Policy Newsletter Columbia University Journal of Law and the Arts Communications and Entertainment Law Journal (Comm/Ent) — University of California, Hastings Entertainment and Sports Law Review — University of Miami School of Law. Entertainment and Sports Lawyer Fordham University Intellectual Property, Media & Entertainment Law Journal Indiana University Federal Communications Law Journal Journal of Art and Entertainment Law — DePaul University. Loyola of Los Angeles Entertainment Law Review — loyola of los angeles. Marquette Sports Law Journal — Marquette University. National Sports Law Institute Publications — Marquette University. South Texas College of Law Entertainment and Sports Law Journal The DePaul-LCA Journal of Art and Entertainment Law — DePaul College of Law. Tulane University Sports Lawyers Journal UCLA Entertainment Law Review — University of California, Los Angeles School of Law. University of Virginia Journal of Sports and Entertainment Law University of Virginia Sports and Entertainment Law Journal Vanderbilt University Journal of Entertainment Law & Practice Villanova University Sports & Entertainment Law Journal Yale Journal of Law and the Humanities — Yale University.
  25. 25. Premiumperiodical with free onlinemusic content
  26. 26. Free email news
  27. 27. International Music RegistryMusic: Sounding out the Future,International Copyright ForumFrancis Gurry, Director General, WorldIntellectual Property Organization
  28. 28. Most law schools holdentertainment law events
  29. 29. In 1997, the Louisiana house bill 1236 was introduced to prevent the sale of musiccontaining lyrics considered harmful to minors. "Harmful" was defined as being any"record, album, cassette, CD, tape, recording, etc. that advocatesrape, prostitution, homicide, unlawful ritual acts, suicide, the commission of crimesbecause of the victims race, gender, color, religion, or national origin, the use ofcontrolled dangerous substances, or the unlawful use of alcohol". Any music that fellunder those categories was required to have a label stating the materialsobjectionable content.
  30. 30. • Many music law Twitter feeds• First look at some issues• Integrated into many music law web resources• Native Twitter Search engine• Google Twitter Search• 50+ Ways to Search Twitter
  31. 31. • Additionally, artists who wish to gather royalties on their music broadcasts must join ASCAP, BMI, SESAC or some similar group who can obtain BDS (Broadcast Data Systems) information on how many times a song was played and award the artist accordingly. – The first two are non-profit organizations: ASCAP allows a performing musician to register by paying dues, while prospective members of BMI must prove that they can become an "affiliate" (provide for their own financial needs). – SESAC is a for-profit organization that doesnt seem to have much benefit for a "new" artist, mostly because they pay out expected royalties up front; only the already big names would enjoy this system if their previous song went over very well, and the expected return on the new song is to be as high (that way, if it does not do as well commercially, the artist comes out on top with a substantial chunk of change, but their next payout will probably be low if they use SESAC again).
  32. 32. 10 Online Resources for Free Legal Music
  33. 33. What are the types of primary sources?
  34. 34. Can be challenging• Some research is easy and some is difficult – If you know the name of a treaty = easy – Mix and match open web with premium treaty research tools – If you want national enabling statutes, interpretive cases and English secondary sources = challenging • Lexis and Westlaw country collections – Have to figure out where music issues fit in a a national scheme • Finding foreign IP law on IP is easy but others challenging – Consider using local counsel
  35. 35. • WIPO• UN Featured Open Source• UNESCO• INTERPOL• GLIN @ LOC• NGO• Law Schools – LibraryGuides

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