MUC109 LEC 6a. Copyright Exceptions


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Notable Exceptions in Music Copyright

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MUC109 LEC 6a. Copyright Exceptions

  1. 1. Music Business Essentials SPECIAL CONSIDERATIONS IN MUSIC COPYRIGHT © 2006
  2. 2. SOUND RECORDINGS © 2006
  3. 3. Copyright and Sound Recordings In recorded music, there are two separate sets of copyright ownership Copyright for the underlying Musical Work (Song) AND f the Sound Recording (S ) for th S dR di Musical Work One Piece of Recorded Music = Copyright Two Separate Sound S d Copyrights Recording Copyright © 2006
  4. 4. Copyright and Sound Recordings The copyright holder of an original work is called the “Author” “Authors” for sound recordings can be the Artists, Producers, Engineers and/or Record Labels Actual Authorship is, typically, determined by negotiation between the interested parties parties, NOT by copyright law If no negotiation or contract, law assumes equally shared ownership amongst all creators © 2006
  5. 5. Copyright and Sound Recordings Generally, th copyright i S G ll the i ht in Sound R d Recordings h di has been owned by the Record Label Record Labels treat recording sessions as “work for hire” situations Based on current contracts, Recording artists and others are paid for their time in the studio they studio– don’t own the copyright, unless negotiated for in advance. This may change…there is current legal discussion about work for hire vs. assignment vs status with regard to ownership of SRs © 2006
  6. 6. Copyright and Sound Recordings Sound Recordings were granted Copyright protection in 1972 (published) and 1978 t ti i ( bli h d) d (unpublished and published) Sound Recordings made in 1972 would enter the public domain in 2067. (95 years from date of formal publication f corporate ownership) f l bli ti for t hi ) Starting 2007 the Copyright on many Sound 2007, Recordings could be open to potential reversion as mandated by U.S. Law (35 years) © 2006
  7. 7. Exceptions and Sound Recordings Copyright of Sound Recordings are treated differently from Musical Works (Section 114, (S ti 114 115 of Titl 17) th f Title 17)--there are notable exceptions to the protections of the bundle of rights Sound Recordings DO NOT enjoy the same rights as Musical Works– The performance right is limited p g © 2006
  8. 8. Public Performance Rights Public Performance is one of the “bundle of rights” that is controlled by the copyright holder h ld A Public Performance is ANY public broadcast of a work beyond one’s close one s circle of family and friends Public Performance includes: Broadcasting music via radio/cable/satellite Playing live music in a venue Playing CDs/Mixtapes/Albums at a party Playing background music in a retail environment (some exceptions apply here) © 2006
  9. 9. Exceptions and Sound Recordings Public Performances are unprotected and NO ROYALTIES ARE PAID to holders of Sound Recording Copyright Performance in Digital Audio Transmission i th ONLY performance T i i is the f right that is protected for a Sound Recording (Per the Digital Performance Right in Sound Recordings Act of 1995) © 2006
  10. 10. The Digital Performance Right Sound Recordings in Digital Audio are now protected This includes: – Non-subscription services- free streaming – (i.e. Internet radio) – Interactive services- free on-demand services on demand streaming (i.e. Song Samples) – Subscription services- paid on-demand services (i.e. Satellite Radio) SoundExchange is a PRO which was set up to PRO, administer royalty collection and payment © 2006
  11. 11. Sound Recording Exception Piece of recorded music Copyright holder of Musical Work always Musical Work paid for public p performance Copyright Sound Recording R di Copyright holder of Copyright Sound Recording only paid f public l id for bli performance in Digital Audio g Transmission © 2006
  12. 12. Politics and Music Copyright U.S. is out of step with other countries– i.e. artists in Europe are paid royalties for ALL public performances This issue is controversial and actively debated in the music community U.S. Record Labels and Recording Artists successfully lobbied lawmakers to pass the Digital Performance Ri ht i S th Di it l P f Right in Sound d Recordings Act of 1995 © 2006
  14. 14. Compulsory Mechanical License Compulsory Mechanical License is another exception to copyright protection License= permission to use someone else’s copyright Compulsory Mechanical License is a mandatory license, created as part of US copyright law The Compulsory Mechanical License states that anyone can record their own unique version of a previously published (i.e. recorded) musical work According to the law, permission of the original artist is NOT required, BUT a required Compulsory License is REQUIRED © 2006
  15. 15. Rules for Compulsory Mechanical License Material must be first published and licensed by original author You cannot alter or substantially change: g – Lyrics – Musical composition You must notify the copyright holder of your intention to obtain a compulsory li l license – This can be complicated. – It is easier to negotiate a standard t s eas e egot ate sta da d mechanical license instead. © 2006
  16. 16. Key Take-Aways Copyright applies t b th th underlying C i ht li to both the d l i Musical Work (Song) AND the Sound Recording Copyright holders in a Sound Recording can be the Artists, Producers, Engineers a d/o t e t sts, oduce s, g ee s and/or Record Labels Ownership and payments for sound recording copyrights are negotiated Copyright of Sound Recordings are treated differently Notable Exceptions are: – Public Performance Rights – Compulsory Mechanical License © 2006
  17. 17. Key Take-Aways Performance in Digital Audio Transmission is the ONLY performance right that is protected for a Sound Recording Compulsory Mechanical License= Anyone can record their own unique y q version of a previously published Sound Recording It is often easier to negotiate a standard mechanical license instead of using the Compulsory Mechanical License © 2006
  18. 18. For Educational Use Only This slide presentation is part of the Music Business Essentials series series. Contact info@musicbizclasses com for more information © 2006