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Publishing and Copyright - Part 2

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

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

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  • 1. Publishing and Copyright 2 02/20/11 Music Business and Management
  • 2. PPL
    • The copyright, Designs and Patents act 1988 provides copyright in the public use of sound recordings(Records, tapes, cassettes CD’s)
    • Copyright lasts 50 years from the end of the year of first publication
    • The Organisations who make these recordings have legal protection against unauthorised public performance and broadcasting.
    • Phonographic Performance Ltd
    02/20/11 Music Business and Management
  • 3. PPL
    • Established in 1934 by the recording industry to administer these rights and collect royalties due.
    • All of the income from license fees except 12% (running costs) is paid to members and to performers and artists.
    • 50% to Labels
    • 50% to PAMRA
    02/20/11 Music Business and Management
  • 4. PPL
    • From 1st December 1996 performers now have a statutory right to share in the revenue collected from the broadcast and public performance of the recordings on which they have performed.
    • Performers qualify if they were citizens or residents of a qualifying territory when they made the recording, or if their performance was recorded in a qualifying territory .
    02/20/11 Music Business and Management
  • 5. PPL
    • First distribution was made at the end of 1998 to PPL members (in June 1999 to performers) for revenue earned in the PPL financial year 1st December 1996 to 30th November 1997
    02/20/11 Music Business and Management
  • 6. PAMRA
    • Performing Artists Media Rights Association
    • non-profit-making company run by performers for performers .
    • All the money we collect is paid out to our members.
    • set up in 1995 to administer the new right.
    • The right to remuneration is not retrospective.( cannot collect for plays of recordings pre-1996).
    02/20/11 Music Business and Management
  • 7. PAMRA
    • qualifying performers who have made a commercial recording since 1946 may be due some money if recording was broadcast or played in public since 1 December 1996 in the UK
    02/20/11 Music Business and Management
  • 8. PAMRA
    • 65% of collection goes to Featured performers
    • 35% goes to non-featured performers
    • performers whose performances have been sampled on a track will be listed as sampled performers on that track.
    • All sampled performers will be paid a small proportion of the non-featured fixed percentage for that track from the non-featured performer fund.
    02/20/11 Music Business and Management
  • 9. Protection of Copyright
    • Inclusion of copyright notices on the sound recording, inlay cards, booklets is very important
    • The (p) Notice
    • eg: (p) 2004 johns records Ltd.
    02/20/11 Music Business and Management
  • 10. The (p) Notice
    • The (p) notice is the internationally recognised symbol of protection. In certain countries (ie USA) it’s inclusion is a legal requirement. It should be prominently shown on all publicly distributed copies of a sound recording. It indicates the year first published. The facts in the notice will be presumed correct unless proved contrary.
    02/20/11 Music Business and Management
  • 11. The (p) Notice
    • The year 1st published (not re-issued)
    • must be in a circle
    • Published generally means: whichever happened earlier, Rental, sale, the placing on sale or public distribution. Therefore the limited dist. Of promo only copies does not normally constitute publication.
    • The name of the First Owner,
    02/20/11 Music Business and Management
  • 12. The © notice.
    • This serves to protect the artwork on the label and sleeve of the recording.
    • The two notices must not be combined.
    02/20/11 Music Business and Management
  • 13. Copyright Warning Notice:
    •   All rights of the producer and copyright owner reserved. Unauthorised copying, broadcasting, public performance, hiring or rental of this recording in whatever manner is strictly prohibited.
    • In the UK apply for public performance and broadcast licenses to: PPL.......
    02/20/11 Music Business and Management
  • 14. Reasons to use (p) & ©
    • 1) U niversal copyright convention countries with registration requirements (Eg USA) will not protect your copyright without it.
    • 2) I nternationally recognised symbols - create evidentiary presumptions under UK law. Particularly helpful in the fight against piracy. ( Pirates very rarely use their own (p) notices!
    02/20/11 Music Business and Management
  • 15. Cont..
    • 3) P ractical way of marking recordings to give notice of the existence of copyright and it’s associated rights. And may be important for determining whether the use of a sound recording entitles the owner to remuneration.
    02/20/11 Music Business and Management
  • 16. Compilations:
    • There will be separate (p) notices for each track where it differs from the others and a (p) notice to cover the compilation itself.
    • There will also be one © notice to cover the artwork of the album.
    02/20/11 Music Business and Management
  • 17. Digital Re-Masters:
    • If - “Sufficient skill, labour and effort.......” has gone into the re-mastering - this is classsed as an Adaption (as are Arrangements or Remixes) and would provide a new period of protection.
    • This gives a new period of copyright – a further 50 yrs.
    • Financially rewarding use of back-catalogue
    02/20/11 Music Business and Management
  • 18. ISRC
    • International Standard Recording Code
    • International identification system for sound recordings and music video recordings.
    • Each ISRC is a unique identifier for a specific recording which can be permanently encoded into a product as its digital fingerprint.
    02/20/11 Music Business and Management
  • 19. ISRC cont…
    • Encoded ISRC provide the means to automatically identify recordings for royalty payments.
    • The International Federation of the Phonographic Industry (IFPI) recommends that all music producers use ISRC.
    02/20/11 Music Business and Management
  • 20. Benefits of using ISRC
    • ISRC is the key to royalty collection in the digital information age.
    • It’s a unique, reliable, international identification system.
    • Provides a unique tool for the purpose of rights admin.
    • Useful identification tool in the electronic distribution of music.
    • Compatible with standards developed in the field of consumer electronics
    02/20/11 Music Business and Management
  • 21. ISRC cont..
    • Readable by hardware already used in the industry.
    • ISRC is cost effective - it can be put into operation without requiring special investment in equipment or technologies.
    02/20/11 Music Business and Management
  • 22. ISRC cont.
    • Allocated from central agencies
    • Don’t have to be a member of IFPI
    • Can be added retrospectively
    02/20/11 Music Business and Management
  • 23. ISRC constructed?
    • An ISRC is made up of four elements:
    • ISO Country, e.g. GB for the UK, or US for the USA, DE for Germany, etc
    • Registrant Code, a three alpha-numeric unique reference
    • Year of Reference, the last two digits of the current year, e.g. ‘03’ for 2003
    • Designation Code, a five digit unique number, e.g. ‘00013’
    02/20/11 Music Business and Management
  • 24.
    • The ISO Country Code and the Registrant Code are issued by the National Agencies or by the International ISRC Agency; the rest of the identifier is then allocated by the entity wishing to identify their sound or music video recordings.
    02/20/11 Music Business and Management
  • 25.
    • Can be applied to promo material eg 30-second clips / hidden tracks esp if at any time in the future it may be separately exploited- this does not necessarily imply monetary value
    02/20/11 Music Business and Management
  • 26. Synchronisation Income
    • A synch license authorises someone to use song with visual images.
    • The visual images might be from a commercial, film, video, television show or other audiovisual production.
    02/20/11 Music Business and Management
  • 27.
    • Fees are subject to negotiation and vary according to the popularity of the song and the importance of the song in the visual piece.
    • Usually split 50:50 with Publisher.
    • EG: the synch fee to use an entire song in a major motion picture might be in the £25,000 to £60,000 range
    02/20/11 Music Business and Management
  • 28.
    • Or to use a song as background music in a television show might range from £500 to £1000.
    • The first broadcast of a "live" show does not require a synch license, but re-runs would.
    02/20/11 Music Business and Management