MUC109 LEC 5a.Intro to Copyright


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Introduction to Copyright and Music

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MUC109 LEC 5a.Intro to Copyright

  1. 1. Music Business Essentials INTRODUCTION TO MUSIC COPYRIGHT © 2006
  2. 2. Do I Need Legal Permission To… Swap digital music file with my friends online? Sample music I find from other artists in my own recordings? Play live music or mix tapes at parties? Sell my CD collection? Rent my music collection to friends? Perform other’s music in class? Make my own CD of cover songs from my favorite artists? © 2006
  3. 3. Intellectual Property: The U.S. Constitution provides certain rights and US protections for owners of property. Property that results from the mental/creative labor is called Intellectual Property, or I.P. In the U.S., I.P. includes: Copyright Copyright- protects various forms of written and artistic expression Patents- protect inventions of tangible things Trademarks- protect a name or symbol that identifies the source of goods or services © 2006
  4. 4. Copyright Timeline 1710: St t t f Anne i E l d 1710 Statute of A in England 1787: U.S. Constitution The Copyright Act of 1790-- Books, maps and charts py g , p 14-year term of protection Statutory Revisions-- 1802: prints 1831: musical compositions, but not public performance 1856: dramatic compositions, including p p , g public performance rights 1865: photographs 1870: paintings, drawings sculpture paintings drawings, 1909: 28 + 28 term The 1976 Act: Major changes in US law to conform to international models © 2006
  5. 5. What is Copyright ? U.S. Copyright Law is “Title 17” in the United States Code. The United States Code is the total set of laws that citizens in this county must follow. U.S. Copyright Law contains 13 Chapters with over 75 distinct statutes and multiple p amendments. All of these different sections spell out different rules for the many parts of the music industry.y U.S. Copyright Law is a living, breathing document that is regularly updated depending on new issues and new technologies © 2006
  6. 6. What is Copyright ? Copyright is a form of protection provided by U S Federal Law to the authors of U.S. "original works of authorship” for a limited duration Copyright has two main purposes: – T protect the author's right to obtain To t t th th ' i ht t bt i commercial benefit from their valuable work – To protect the author's general right to control how their work is used. © 2006
  7. 7. What Does U.S. Copyright Protect? Musical Works Literary Works Sound Recordings Architectural Works Pictorial Works Dramatic Works Motion Pictures & Audiovisual Works Choreography & g p y Pantomimes © 2006
  8. 8. What is NOT protected under U.S. Copyright? Generic information, such as facts, numbers and ideas Titles, names, short phrases, and slogans Familiar symbols Procedures, methods, systems, processes, concepts, p p principles, discoveries, or devices p Common knowledge such as standard calendars, calendars height and weight charts tape charts, measures and rulers © 2006
  9. 9. What is NOT protected under U.S. U S Copyright? Works created by the U.S. Federal Government Works that have not been fixed in a tangible form of expression, such as choreography that has not been annotated Works whose copyrights have lapsed due to the passage of time Older works that failed to include a proper notice of copyright (created prior to March 1989) © 2006
  10. 10. What is NOT protected under U.S. U S Copyright? IDEAS, in d f themselves IDEAS i and of th l are NOT protected under Copyright or any other I P I.P. law © 2006
  11. 11. How U.S. Copyright Works The two MOST important concepts in determining copyright are: -- O i i l Authorship Original A th hi -- Fixed Expression Copyright protection exists from the time the work is created in a fixed, tangible form of expression Copyright protection is AUTOMATIC C i ht t ti i Protection is available to both published and unpublished works © 2006
  12. 12. What Rights are Protected? The right to reproduce the work in copies The right to prepare derivative works The right to distribute to the public -via sale, rental, lease or lending Rights of public performance, display and transmission These rights are referred to as the “bundle of rights” © 2006
  13. 13. COPYRIGHT & MUSIC © 2006
  14. 14. Music and Copyright In terms of recorded music, US copyright addresses several key categories: Musical Work (“the Song”) = the underlying musical composition composition, comprised of the written notes and lyrics. Think of Sheet Music or written score… © 2006
  15. 15. Music and Copyright Sound Recording = the sounds, including the recording artist's interpretation g of the musical composition, and the creative efforts of the producer, sound engineers and b k d i d background musicians d i i Think of the actual recording itself… © 2006
  16. 16. U.S. Copyright and Music All recorded music contains two d d i t i t elements- 1. M i l Work and Musical W k d 2. Sound Recording – Both elements are separately protected under copyright l d i ht law. – Both can, and often do, have separate owners © 2006
  17. 17. Music and Copyright Performance= the public performance of recorded music; whether live or via broadcast Think of a concert, a DJ show, or a radio broadcast © 2006
  18. 18. Copyright also protects … Derivative works = a new work based upon on preexisting works. Musical arrangements, dramatizations, sound recordings, or any other form , g , y in which a work is recast, transformed, or adapted. – Example: Using sampled beats in a new song Compilations = a collection of preexisting materials, C il ti ll ti f i ti t i l that results in a new original work of authorship. Including collective works. g – Example: Using previously recorded songs to create a movie soundtrack © 2006
  19. 19. Joint Authors A creative work can have MULTIPLE ti k h copyright owners Joint authors = two or more authors who create a single work of authorship together. Their contributions are considered inseparable by U.S. Copyright law. Joint authors both own the exclusive bundle rights in their protected work Each can independently exercise these rights without the other’s permission, g p , as long as the other author is paid their share of the profits. © 2006
  20. 20. Transfer of Copyrights Like any other property, copyrights may be transferred by the owner to another party By default, transfer of copyright is permanent, BUT can sometimes be revoked and revert back to original owner if stated in a written contract Must b transferred i writing and signed b M t be t f d in iti d i d by original copyright holder After 35 years, owner can invoke a unique Copyright rule regarding “reversion”. Owner has 5 years t get copyrights reinstated, under certain to t i ht i t t d d t i circumstances.(for works made after 1978) © 2006
  21. 21. Transfer vs. License Transfer of Copyright= Grants 100% ownership of exclusive rights complete change of ownership –Example: When you sell a house, you permanently transfer ownership of the property and cannot demand to have it returned. © 2006
  22. 22. Transfer vs. License License for use of Copyright= Allows permission for limited use of exclusive rights original ownership stays intact –Example: When you rent a house, you allow someone to “borrow” your property for a y p p y specific amount of time and under specific conditions. You retain 100% ownership of the p ope ty property. © 2006
  23. 23. Copyright after Death Copyright generally behaves like any other intangible asset i an estate th i t ibl t in t t Copyrights can be held in trust, transferred by gift or, at death, just like any other property A copyright is protected from the moment the work is made tangible until 70 years after the death of the author regardless of whether the author dies with or without heirs © 2006
  24. 24. Exceptions to U.S. Copyright Public Domain- hymns, patriotic songs, folk songs, classical music g , g , - Sheet music publications with a copyright date of 1922 or earlier are in the PD - - Most sound recordings are under copyright protection in the U.S. until the year 2067 © 2006
  25. 25. Exceptions to U.S. Copyright “Fair Use” -education, research, reviews, parody, news reporting ,p y, p g Determining Factors: g 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. the nature of the copyrighted work; 3 the amount and substantiality of the portion 3. used in relation to the copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of the copyrighted work. © 2006
  26. 26. Exceptions to U.S. Copyright “ Work for Hire”- Employers & Companies which commission C i hi h i i original works own the copyright Original creative work that is completed during the course of a salaried position is owned by the position, employer © 2006
  27. 27. International Copyright There is no such thing as an "international copyright" that automatically protects a work throughout the world g Protection in the U.S. is available regardless of the nationality or domicile of the author “Copyright conventions” protect international works of creative authorship © 2006
  28. 28. Key Take-Aways The U.S. Constitution is the highest law in the land The First U.S. Copyright law was enacted in 1790, as part of the Constitution Our O current set of Copyright statutes t t fC i ht t t t are based on The 1976 Act U.S. Copyright L US C i ht Law i a li i is living, b thi breathing document that is regularly updated depending on new issues and new technologies. In the U.S., Original works of artistic US expression are considered property © 2006
  29. 29. Key Take-Aways Intellectual Property is the set of laws dedicated to protecting works of the mind, or intellect Copyright protects various forms of written and artistic expression Copyright protection does not include ideas themselves, only expressions of those ideas , y p The two MOST important concepts in determining copyright are: -- Original Authorship p -- Fixed Expression © 2006
  30. 30. Key Take-Aways There are exceptions to U.S. Copyright- – Fair Use – Work for Hire – Public Domain One piece of music can have multiple authors and multiple Copyright owners Copyright protection is automatic but it is automatic, always best to register your work with the U.S. Copyright Office, if you plan to pursue legal protections at a future date. © 2006
  31. 31. For Educational Use Only This slide presentation is part of t e us c us ess sse t a s o the Music Business Essentials series. Contact for more information © 2006