MUC109 LEC 6b. Infringement


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Music Copyright Infringment

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MUC109 LEC 6b. Infringement

  1. 1. Music Business Essentials MUSIC COPYRIGHT INFRINGEMENT © 2006
  2. 2. Copyright Infringement Anyone who violates any of the A h i l t f th exclusive rights of the copyright owner or th author: R the th Reproduce, d Distribute, Make Derivative Works, Perform in Public Public… or who i h imports copies of ill i f illegal l sound recordings into the United States… U it d St t is infringing on the original owner’s copyright © 2006
  3. 3. Examples of Infringement Sampling substantial, recognizable portions of substantial someone else’s work without permission Playing Pla ing someone else’s m sic li e without permission music live itho t permission- Band, DJ, (blanket license with a PRO). Note: Most venues should have this license Making Mixtapes of others’ works without permission Downloading and sharing MP3 files on the Internet without permission (i.e. without paying) Fraudulent use of the copyright symbol Fraudulent application information when applying for Copyright registration © 2006
  4. 4. Sound Recording Infringement Bootleg: Unauthorized recording of a live performance or broadcast Piracy: U Pi Unauthorized d li ti of th i d duplication f an actual, existing sound recording Counterfeit: Unauthorized duplication of a sound recording AND artwork, packaging and label p g g © 2006
  5. 5. Remedies for Infringement Injunctions Impounding and destruction of infringing articles Statutory damages=$750-$30,000 per work; Willful infringement= up to $150,000 per work Actual damages and any additional profits of the infringer-must be proven Willful Piracy and Counterfeiting are felonies- can carry a fine of up to $250,000 and jail terms © 2006
  6. 6. Infringement Cases An Author must register copyright with the US Copyright office to file a legal court case Statute of limitations is 3 years Some cases “settle” rather than going to settle trial To file a claim, you must prove you own claim the work and the other part is infringing due to : Access Substantiality (vs. de minimus) Similarity “Heart” of the work © 2006
  7. 7. Key Take-Aways Copyright infringement= any unauthorized use, performance or ,p duplication of original creative works Copying or sampling someone else’s music may be infringement (unless it is deemed “Fair Use” or “de minimus”) Infringement can be punishable by law with substantial fines and jail time © 2006
  8. 8. For Educational Use Only This slide presentation is part of the Music Business Essentials series series. Contact info@musicbizclasses com for more information © 2006