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Music Copyright Part 2


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Music Copyright Part 2

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Music Copyright Part 2

  1. 1. Music Industry Copyright Pt Chris Baker 1
  2. 2. Copyright BasicsA copyright is defined as: a limited duration monopoly.A copyright protects “original works of authorship” thatare fixed in a tangible form of expression.01/21/13 Copyrights 2
  3. 3. Length of a CopyrightYou own a copyright for life plus 70 years.01/21/13 Copyrights 3
  4. 4. Copyrightable Works• Literary works• Musical works, including any accompanying words• Dramatic works, including any accompanying music• Pantomimes and choreographic works• Pictorial, graphic, and sculptural works01/21/13 Copyrights 4
  5. 5. Copyrightable Works Cont.• Motion pictures and other audiovisual works.• Sound recordings.• Architectural works.01/21/13 Copyrights 5
  6. 6. Copyrightable Works Cont.• Computer programs can be registered as literary works.• Maps and architectural plans may be registered as pictorial, graphic, and sculptural works.01/21/13 Copyrights 6
  7. 7. Copyright Form of NoticeFor literary works: The symbol: © The year of first publication The name of copyright owner Ex: © 2005 Ed Street01/21/13 Copyrights 7
  8. 8. Form of Notice Cont.For Phonorecords of sound recordings: 1. The symbol: ℗ 2. The year of first publication 3. The name of copyright owner 4. Ex: ℗ 2005 MDC Records01/21/13 Copyrights 8
  9. 9. Poor-Man’s Copyright• You may send a tangible copy of your work to yourself via certified mail.• You may have your work notarized, sealed and kept in a safe place.• You may publish your work.01/21/13 Copyrights 9
  10. 10. Advantages of filing with Copyright Office• Power of the law.• Verifiable, undeniable proof of registration of ownership.• Easily accessible records via search engine.01/21/13 Copyrights 10
  11. 11. Copyright Filing RequirementsCorrectly completed formsA tangible copy of your work: Lead sheet, CD, tape, DVD, etc.Payment: Copyrights Office01/21/13 Copyrights 11
  12. 12. Copyright RightsA copyright grants you the exclusive right to: 1. Reproduce the work. 2. Distribute copies of the work. 3. Perform the work publicly. 4. Make a derivative work. 5. Display the work publicly.01/21/13 Copyrights 12
  13. 13. Copyright Compulsory LicensesCompulsory means you must issue these licenses tosomeone who wants to use your work whether you likeit or not. Cable television rebroadcasts. BBC Jukeboxes01/21/13 Copyrights 13
  14. 14. Copyright Compulsory Licenses 1. Digital performance records digital radio and webcasts. 2. Digital distribution of records internet, phone and satellite downloads. 3. Phonorecords of non-dramatic musical compositions.01/21/13 Copyrights 14
  15. 15. Copyright MechanicalsThe Copyright Act provides that you must issue acompulsory license to anyone else who wants to recordit on a phonograph record if it has already beenrecorded and: The song is a non-dramatic work. The recording has been distributed publicly in phonorecords. The new recording will be in phonorecords only.01/21/13 Copyrights 15
  16. 16. Regaining a CopyrightRegardless of anything in your songwriter agreement with the publisher, a work not made for hire that was assigned by you on or after January 1, 1978 can be reclaimed by you (or your copyright-entitled heirs) 35 years after the work is published or 40 years after the assignment, whichever is earlier.01/21/13 Copyrights 16
  17. 17. Copyright Public DomainA work becomes “public domain” after your copyrightexpires.That means anyone can perform or record it withoutpaying a fee.01/21/13 Copyrights 17