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Publishing and Copyright - Part 1
 

Publishing and Copyright - Part 1

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Visit us at - http://www.themusicespionage.co.uk/

Visit us at - http://www.themusicespionage.co.uk/

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  • we are harmonised with the rest of Europe.
  • Adapting could mean sampling
  • Liquid – they need a container
  • Not necessarily SOLD

Publishing and Copyright - Part 1 Publishing and Copyright - Part 1 Presentation Transcript

  • Publishing and Copyright 02/20/11 Music Business and Management
  • Copyright
    • Right granted to the creator(s) of original literary, dramatic musical and artistic works
    • prevent another person from exploiting those works without first gaining permission.
    • The first owner of copyright in a musical work is the original composer /author of the work, but it can be assigned to another (such as a music publisher) who then becomes the copyright owner.
    02/20/11 Music Business and Management
  • When does it begin?
    • The work is in copyright as soon as it is ‘recorded in some fixed form’. Either written down or recorded on tape or video etc.
    • Note: if the music is created by an employee in the normal course of employment then the employer will be the first owner
    02/20/11 Music Business and Management
  • The Act
    • Copyright, Designs and Patents Act 1988.
    • Copyright Lasts 70 years after the composers death. Then Public domain and no permission necessary, no royalties paid. (NB a particular arrangement may actually be copyright)
    02/20/11 Music Business and Management
  • The Clauses
    • The copyright owner has the exclusive right to:
    • Copy the work
    • Issue copies of the work to the public
    • Perform the work in public
    • Broadcast the work or include it in a cable programme service
    • Make an adaptation of the work
    02/20/11 Music Business and Management
  • Clauses 2
    • The copyright owner also has Moral rights which prevent derogatory versions being made
    • Also has the Right of Paternity - the right to be known as the author or composer
    • These two rights are not re-assignable.
    02/20/11 Music Business and Management
  • 02/20/11 Music Business and Management
  • Recording Copyright
    • There is a separate and distinct copyright in any Sound Recording (disc, CD or Film).
    • It lasts for 50 years after the release of the recording.
    • Permission for use of this must be sought direct from the copyright owner.
    02/20/11 Music Business and Management
  • Sampling?
    • Sampling is counted as a form of Adaptation
    • permission has to be sought from the owners of the music and recording copyright.
    • Under the 1988 Act owner has the legal right to authorise or prevent others from copying, performing or adapting their copyright work.
    02/20/11 Music Business and Management
  • What this means.
    • Songs are often described as ‘Liquid’
    • Copyright gives the writer proper ownership.
    • Gives the songs a value
    • Songs can be Lent…..
    • Bought, sold or hired.
    02/20/11 Music Business and Management
  • The challenge
    • The value and permission status of songs could be arranged individually
    • There are over 35,000 registered music writers in the UK
    • Over 3000 registered publishing companies
    • We need a practical way of dealing with this
    02/20/11 Music Business and Management
  • How is this organised?
    • We have various collection agencies who organise, police and collect royalties due as a result song and music Copyrights.
    02/20/11 Music Business and Management
  • Collection Agencies
    • Performing Right Society
    • P.R.S.
    • Perform the work in public
    • Broadcast the work or include it in a cable programme service
    • Issue ‘Blanket’ licences to all music playing venues
    02/20/11 Music Business and Management
  • Examples
    • TV & Cable broadcasters
    • Radio Broadcasters
    • Live Venues
    • Clubs
    • Pubs
    • Restaurants
    • Shops
    • Airline companies………….
    02/20/11 Music Business and Management
  • Logging
    • Radio plays are ‘Logged’
    • High profile stations are logged daily - smaller stations less so. Could be once per month.
    • Only ‘significant’ venues are logged
    • Constantly working on new methods to improve accuracy of information
    02/20/11 Music Business and Management
  • Collection Agencies 2
    • Mechanical Copyright Protection Society
    • M.C.P.S.
    • Issue copies of the work to the public
    • Make an adaptation of the work
    • Issue licences to Record labels
    02/20/11 Music Business and Management
  • Collection Agencies 2
    • Licence based on number of records pressed
    • Current rate – 8.5% PPD
    • 25% of first pressing allowed to be Mechanical royalty free.
    • Individuals writing & releasing themselves can get exemption
    • NO ONE ELSE CAN
    02/20/11 Music Business and Management