The document discusses copyright and the bundle of rights it provides authors/creators, including the rights of reproduction, distribution, public performance, derivatives, display, and digital audio transmission. It focuses on the public performance right, explaining that it applies to compositions but not sound recordings. The public performance right covers live, recorded, and transmitted performances. It also discusses what constitutes a "public" performance and the organizations that collect public performance royalties, including ASCAP, BMI, and SESAC. It notes some limitations on the public performance right, including exemptions for educational and nonprofit uses.
The document discusses copyright and performance rights. It begins by outlining the bundle of rights granted to creators under US copyright law, including reproduction, distribution, public performance, derivatives, display, and digital audio transmission. It then focuses on the public performance right, explaining that it applies to compositions but not sound recordings. It describes what constitutes a public performance and discusses limitations on the right. The document also outlines the roles of Performing Rights Organizations (PROs) like ASCAP, BMI, and SESAC, which issue licenses and collect/distribute fees. It provides information on how PROs monitor performances to determine royalty payments. Finally, it discusses various pieces of legislation impacting copyright like the Songwriter's Equity Act and
Performance Right ? A World in Transition ABAToddtodd brabec
The document summarizes the complex issues surrounding performance rights and music licensing in the digital age. It discusses how the traditional music licensing process worked, then outlines several key court cases between 2007-2014 that established royalty rates for new online music services like YouTube, Pandora, and Spotify. These cases highlighted disparities in payments to artists/record labels versus songwriters/publishers. The document also examines publishers withdrawing from ASCAP and BMI to directly license works online, and two judges' rulings that works must be licensed equally across all media if withdrawn at all.
During Music Biz 2015 in Nashville, Jacqueline Charlesworth, General Counsel and Associate Register of Copyrights at the U.S. Copyright Office, discussed important legislation surrounding
copyrights, including proposed changes to the U.S. Copyright Act and the recently reintroduced Songwriter Equity Act.
Lyrics, music, recordings and production - Jack Mason
Mixed and mastered by Latin Grammy winner - Ale Gaiotto
Video production - Berto Ortiz, Patricia Lobo, Patty S, Jack Mason
all rights reserved:
Jack Mason Live LLC
Jackmasonlive.com
This document discusses copyright issues related to internet radio. It covers the different types of musical copyrights - sound recordings and musical compositions. It explains the exclusive rights copyright holders have, including reproduction, distribution, public performance, and digital audio transmission. It discusses the different types of licenses - compulsory and non-compulsory - and how interactive and non-interactive services are defined. It notes the challenges internet radio services face with high royalty rates and how this impacts their business models.
An introduction to music publishing from the Songtrust team. Great for songwriters, music publishers, record labels, managers, or anyone interested in learning more about how music publishing works. In this presentation, you will find information about the different types of royalties, how they are collected, and what rights songwriters hold.
You can find more information about our digital publishing administration service on our web site: https://www.songtrust.com/
GRIFFIN COPYRIGHT MBU 2520 REVISED FALL 2019 chapter 14Eric Griffin
This document summarizes key aspects of copyright and digital technology, including benefits and challenges of digital music distribution, the reproduction and performance rights, legislation regarding radio performance royalties, and arguments for and against the Music Modernization Act. The Music Modernization Act aims to help ensure songwriters are paid for music streaming by creating a mechanical licensing collective to collect and distribute royalties, but some argue it favors major publishers and retroactively limits liability for services.
Music Publishing & Copyright Administration In The Internet AgeDae Bogan
This document summarizes a lecture about music publishing and copyright administration in the internet age. It discusses intellectual property as it relates to music, the different types of copyrights that exist for musical works and sound recordings, and how publishing and royalty collection works. It also provides an overview of the various ways music is monetized and distributed online, including through platforms like YouTube, streaming services, and digital music stores. Finally, it offers recommendations for tools that independent artists can use to help with registrations, licensing, royalty collection and publishing administration as they self-publish their music.
The document discusses copyright and performance rights. It begins by outlining the bundle of rights granted to creators under US copyright law, including reproduction, distribution, public performance, derivatives, display, and digital audio transmission. It then focuses on the public performance right, explaining that it applies to compositions but not sound recordings. It describes what constitutes a public performance and discusses limitations on the right. The document also outlines the roles of Performing Rights Organizations (PROs) like ASCAP, BMI, and SESAC, which issue licenses and collect/distribute fees. It provides information on how PROs monitor performances to determine royalty payments. Finally, it discusses various pieces of legislation impacting copyright like the Songwriter's Equity Act and
Performance Right ? A World in Transition ABAToddtodd brabec
The document summarizes the complex issues surrounding performance rights and music licensing in the digital age. It discusses how the traditional music licensing process worked, then outlines several key court cases between 2007-2014 that established royalty rates for new online music services like YouTube, Pandora, and Spotify. These cases highlighted disparities in payments to artists/record labels versus songwriters/publishers. The document also examines publishers withdrawing from ASCAP and BMI to directly license works online, and two judges' rulings that works must be licensed equally across all media if withdrawn at all.
During Music Biz 2015 in Nashville, Jacqueline Charlesworth, General Counsel and Associate Register of Copyrights at the U.S. Copyright Office, discussed important legislation surrounding
copyrights, including proposed changes to the U.S. Copyright Act and the recently reintroduced Songwriter Equity Act.
Lyrics, music, recordings and production - Jack Mason
Mixed and mastered by Latin Grammy winner - Ale Gaiotto
Video production - Berto Ortiz, Patricia Lobo, Patty S, Jack Mason
all rights reserved:
Jack Mason Live LLC
Jackmasonlive.com
This document discusses copyright issues related to internet radio. It covers the different types of musical copyrights - sound recordings and musical compositions. It explains the exclusive rights copyright holders have, including reproduction, distribution, public performance, and digital audio transmission. It discusses the different types of licenses - compulsory and non-compulsory - and how interactive and non-interactive services are defined. It notes the challenges internet radio services face with high royalty rates and how this impacts their business models.
An introduction to music publishing from the Songtrust team. Great for songwriters, music publishers, record labels, managers, or anyone interested in learning more about how music publishing works. In this presentation, you will find information about the different types of royalties, how they are collected, and what rights songwriters hold.
You can find more information about our digital publishing administration service on our web site: https://www.songtrust.com/
GRIFFIN COPYRIGHT MBU 2520 REVISED FALL 2019 chapter 14Eric Griffin
This document summarizes key aspects of copyright and digital technology, including benefits and challenges of digital music distribution, the reproduction and performance rights, legislation regarding radio performance royalties, and arguments for and against the Music Modernization Act. The Music Modernization Act aims to help ensure songwriters are paid for music streaming by creating a mechanical licensing collective to collect and distribute royalties, but some argue it favors major publishers and retroactively limits liability for services.
Music Publishing & Copyright Administration In The Internet AgeDae Bogan
This document summarizes a lecture about music publishing and copyright administration in the internet age. It discusses intellectual property as it relates to music, the different types of copyrights that exist for musical works and sound recordings, and how publishing and royalty collection works. It also provides an overview of the various ways music is monetized and distributed online, including through platforms like YouTube, streaming services, and digital music stores. Finally, it offers recommendations for tools that independent artists can use to help with registrations, licensing, royalty collection and publishing administration as they self-publish their music.
This document discusses the reproduction right and mechanical licensing. It begins by explaining the bundle of rights granted to copyright owners, including the reproduction right. It then discusses compulsory mechanical licenses and negotiated mechanical licenses. It explains limitations on the reproduction right, such as controlled composition clauses and song caps that limit royalties paid. It also discusses mechanical licensing agencies like Harry Fox that issue licenses. Finally, it discusses digital phonorecord deliveries and the reproduction of sound recordings.
Music publishing involves acquiring, marketing, and managing song copyrights to generate income. Publishers earn money through licensing songs for use in films, TV, advertising, and other media. They provide services like registering copyrights, collecting royalties, and promoting songs. Publishing deals typically split ownership and income between songwriters and publishers. Major publishers have music industry connections and administrative infrastructure to support songwriters. The presentation cautions that songwriters should carefully consider long-term ownership and control of their copyrights in any publishing deal.
Pandora is an internet radio provider that launched in 1999 and uses the Music Genome Project to create personalized playlists based on musical similarities and user feedback. While Pandora has over 200 million users, it has yet to turn a profit after 13 years. The new CEO plans to change this, but Pandora faces challenges from competitors and uncertainty around future royalty rates.
In recent times, cryptocurrencies such as Bitcoin and Ethereum have exploded in popularity. To explain in simple terms, cryptocurrencies are digital currencies that do not have government backing.
This document discusses various types of music licensing. It explains that synchronization (sync) licenses allow music to be paired with visual media like TV shows, movies, and videos. There are also master recording licenses, mechanical licenses for physical music formats, videogram licenses for video, print licenses for sheet music, and more. Television and motion picture licenses can cover various rights across different media and territories. Home video licenses may use flat fees, royalty structures, or limited buyouts. Multi-media licensing is still developing standards. License fees can range greatly depending on the type and scale of the project, from $2,000-$10,000 for basic TV usage to $75,000-$500,000 for commercials.
1. EMI requires a three step process to license music that includes providing production details, accepting an online quote, and signing and returning two copies of the license PDF within 30 days.
2. This EMI license allows producers to exhibit their production on home video or DVD up to 2,500 units, and costs between $50-$500 per song depending on the number of copies.
3. To apply for the MCPS-PRS Alliance production music scheme, applicants must email details about their product and sign up via the scheme. Royalties are calculated at 8.5% of the highest dealer price times music duration.
Music copyright law protects both the musical work (composition) and sound recordings. The law provides copyright owners exclusive rights over the reproduction, distribution, public performance, and creation of derivative works of their copyrighted material. Copyright is automatic and protects original works fixed in a tangible form. It lasts for the life of the author plus 70 years. Exceptions include works in the public domain and materials with expired copyrights like some pre-1923 publications.
Copyright seeks to balance author and public interests by protecting the expression of ideas but not the underlying ideas themselves. Copyright protects works that are fixed in a tangible medium and provides authors with a bundle of exclusive rights including reproduction, distribution, public performance, creation of derivatives, and digital audio transmission. Copyright duration for individual works is the life of the author plus 70 years. Mechanical royalties from streaming services are typically a fraction of a penny per stream and must meet certain thresholds to earn substantial amounts. Fair use is an exception that allows limited unauthorized use of copyrighted works for purposes like education or commentary.
Royalty Claim - [Preview] The State of Unclaimed Royalties and Music Licenses...Dae Bogan
This presentation was given by Royalty Claim's Founder and Chief Researcher, Dae Bogan, at the Music Industry Research Associations first inaugural MIRA Conference at the UCLA Luskin Conference Center on August 11th, 2017.
There are 13 ways for a songwriter to earn money from their songs. This includes royalties from physical sales of recordings, digital downloads, streaming services, public performances of songs, and synchronization licenses when songs are used in movies, TV, and other media. Royalty rates vary between physical and digital formats, as well as between countries, but collecting royalties from multiple recordings and performances of a song can generate significant ongoing income over time.
This document summarizes key concepts around copyright and digital technology discussed in a class. It covers topics like benefits and challenges of digital music, how music is distributed online through streaming and downloading, reproduction and performance rights, legislation around radio performance royalties, limitations of liability for online services providers under the DMCA, and the proposed CLASSICS Act to compensate artists for pre-1972 recordings played digitally.
The document discusses the bundle of exclusive rights granted to copyright owners under US law, including the rights of reproduction, distribution, public performance, derivative works, and public display. It focuses on the reproduction right and limitations on this right such as compulsory mechanical licenses and negotiated mechanical licenses. It describes agencies like Harry Fox that administer mechanical licenses and issues related to digital downloads and sampling sound recordings.
Performance Right ? A World in Transition ABAToddtodd brabec
The document discusses the evolution of music licensing and performance rights in the digital age. It provides background on traditional music licensing through performing rights organizations (PROs) like ASCAP and BMI. With the rise of online music, rate court cases have determined licensing fees for new media companies. Key cases set interim fees for YouTube and ruled that music downloads do not require performance licenses. Recent settlements now cover digital services like Spotify but most terms remain confidential. The challenges of valuing performance rights online versus traditional media are ongoing.
This document discusses the complex issues around music copyright and how the industry has struggled to adapt to digital technologies and distribution models. It provides a brief history of music copyright law and outlines how recording contracts traditionally benefited corporations at the expense of artists. The document also shows how digital sharing disrupted old business models and formats, leading to lawsuits against customers instead of innovative solutions. While change has been slow, newer models and copyright approaches are emerging, though challenges still remain in fully adapting the industry to the digital age.
This document discusses royalties, licensing, and income streams in the music business. It defines the types of works that can be copyrighted and the organizations that collect fees for different uses of music, such as performance rights organizations. Royalties are fees paid for uses of copyrighted works, including mechanical royalties for cover songs and performance royalties for public performances. Licensing involves granting permission to use musical works for a fee. There are various types of licenses for different uses of music. Income can be generated from many music business activities that involve licensing copyrighted works.
The document discusses the distribution channels and ownership of music for two recording artists from rival record labels Sony and Time Warner. It instructs the reader to produce flow charts comparing how each artist is distributed and conclude their findings. Information is provided about record labels, how artists earn revenue, songwriting royalties, and mechanical royalties paid to recording artists. Key details include that record labels manage branding and copyrights, coordinate production and promotion, and maintain contracts with artists. Revenue comes from sales, performances, sheet music, and sync licenses. Ownership of songs is split between songwriters, publishers, recording artists, and record labels.
This session reviews the basics of digital revenues streams for musicians using online radio, download and streaming sites to promote and sell their music.
Live In Your City aims to be an online subscription service offering unique live music recordings not found on other services. There is demand for alternative music content as digital music subscriptions are growing. Live In Your City will license live demo tracks, covers, raw recordings, and multiple performances of songs from artists. It will generate revenue from subscriptions, advertising, and sponsorships. The service will launch with free radio shows and reviews to promote its paid subscription tiers offering expanded live music archives.
A publisher promotes and administers songwriting by finding users for songs, issuing licenses to collect money, and paying writers. Traditionally, publishers split income 50/50 with writers and provide advances. Major publishers are affiliated with record companies, while independents handle their own administration. Publishers employ administrators, song pluggers, and creative directors to carry out these roles. Controlled composition clauses in recording contracts limit how much record labels must pay writers for use of their songs. Legislation around 100% licensing and updating sections 114 and 115 of the Copyright Act aim to ensure fair compensation for songwriters from digital streaming.
Mbu 1110 fall 2018 publishing - lecture 4Eric Griffin
A publisher takes care of the business aspects of songwriting such as finding users, issuing licenses, collecting money, and paying writers. Under a standard publishing deal, the writer assigns the copyright of their songs to the publisher, who then administers the songs. Traditionally, publishers and writers split income 50/50, though writers often receive an advance from the publisher. Major publishers are affiliated with record companies, while independent publishers handle their own administration. Publishers, songwriters, and performing rights organizations advocate for legislation that benefits their members and defend against changes that could reduce royalties or control.
The document discusses how copyright law and business practices have shaped the music industry. It notes that when a song is recorded, there are two separate copyrights - for the musical composition and the sound recording. This led to the development of multiple rights-holders and intermediaries. New digital music services have had to navigate this complex system through different strategies like direct licensing of all rights, relying on statutory licenses, or proposing new licensing models. This combination of copyright and business models determines how music is monetized and how musicians are paid.
Copyright law shapes the music industry by granting exclusive rights over musical compositions and sound recordings. This leads to many middlemen taking advantage of these rights, including record labels, publishers, PROs, and collecting societies. Innovation in music business models has involved devising models without licenses, negotiating direct licenses, using statutory licenses, modifying licensing, or facilitating the music economy without needing licenses. However, copyright law and existing industry players can limit innovative startups. New efficiencies are being created through streamlining licensing and payments as well as empowering direct artist-to-fan connections.
This document discusses the reproduction right and mechanical licensing. It begins by explaining the bundle of rights granted to copyright owners, including the reproduction right. It then discusses compulsory mechanical licenses and negotiated mechanical licenses. It explains limitations on the reproduction right, such as controlled composition clauses and song caps that limit royalties paid. It also discusses mechanical licensing agencies like Harry Fox that issue licenses. Finally, it discusses digital phonorecord deliveries and the reproduction of sound recordings.
Music publishing involves acquiring, marketing, and managing song copyrights to generate income. Publishers earn money through licensing songs for use in films, TV, advertising, and other media. They provide services like registering copyrights, collecting royalties, and promoting songs. Publishing deals typically split ownership and income between songwriters and publishers. Major publishers have music industry connections and administrative infrastructure to support songwriters. The presentation cautions that songwriters should carefully consider long-term ownership and control of their copyrights in any publishing deal.
Pandora is an internet radio provider that launched in 1999 and uses the Music Genome Project to create personalized playlists based on musical similarities and user feedback. While Pandora has over 200 million users, it has yet to turn a profit after 13 years. The new CEO plans to change this, but Pandora faces challenges from competitors and uncertainty around future royalty rates.
In recent times, cryptocurrencies such as Bitcoin and Ethereum have exploded in popularity. To explain in simple terms, cryptocurrencies are digital currencies that do not have government backing.
This document discusses various types of music licensing. It explains that synchronization (sync) licenses allow music to be paired with visual media like TV shows, movies, and videos. There are also master recording licenses, mechanical licenses for physical music formats, videogram licenses for video, print licenses for sheet music, and more. Television and motion picture licenses can cover various rights across different media and territories. Home video licenses may use flat fees, royalty structures, or limited buyouts. Multi-media licensing is still developing standards. License fees can range greatly depending on the type and scale of the project, from $2,000-$10,000 for basic TV usage to $75,000-$500,000 for commercials.
1. EMI requires a three step process to license music that includes providing production details, accepting an online quote, and signing and returning two copies of the license PDF within 30 days.
2. This EMI license allows producers to exhibit their production on home video or DVD up to 2,500 units, and costs between $50-$500 per song depending on the number of copies.
3. To apply for the MCPS-PRS Alliance production music scheme, applicants must email details about their product and sign up via the scheme. Royalties are calculated at 8.5% of the highest dealer price times music duration.
Music copyright law protects both the musical work (composition) and sound recordings. The law provides copyright owners exclusive rights over the reproduction, distribution, public performance, and creation of derivative works of their copyrighted material. Copyright is automatic and protects original works fixed in a tangible form. It lasts for the life of the author plus 70 years. Exceptions include works in the public domain and materials with expired copyrights like some pre-1923 publications.
Copyright seeks to balance author and public interests by protecting the expression of ideas but not the underlying ideas themselves. Copyright protects works that are fixed in a tangible medium and provides authors with a bundle of exclusive rights including reproduction, distribution, public performance, creation of derivatives, and digital audio transmission. Copyright duration for individual works is the life of the author plus 70 years. Mechanical royalties from streaming services are typically a fraction of a penny per stream and must meet certain thresholds to earn substantial amounts. Fair use is an exception that allows limited unauthorized use of copyrighted works for purposes like education or commentary.
Royalty Claim - [Preview] The State of Unclaimed Royalties and Music Licenses...Dae Bogan
This presentation was given by Royalty Claim's Founder and Chief Researcher, Dae Bogan, at the Music Industry Research Associations first inaugural MIRA Conference at the UCLA Luskin Conference Center on August 11th, 2017.
There are 13 ways for a songwriter to earn money from their songs. This includes royalties from physical sales of recordings, digital downloads, streaming services, public performances of songs, and synchronization licenses when songs are used in movies, TV, and other media. Royalty rates vary between physical and digital formats, as well as between countries, but collecting royalties from multiple recordings and performances of a song can generate significant ongoing income over time.
This document summarizes key concepts around copyright and digital technology discussed in a class. It covers topics like benefits and challenges of digital music, how music is distributed online through streaming and downloading, reproduction and performance rights, legislation around radio performance royalties, limitations of liability for online services providers under the DMCA, and the proposed CLASSICS Act to compensate artists for pre-1972 recordings played digitally.
The document discusses the bundle of exclusive rights granted to copyright owners under US law, including the rights of reproduction, distribution, public performance, derivative works, and public display. It focuses on the reproduction right and limitations on this right such as compulsory mechanical licenses and negotiated mechanical licenses. It describes agencies like Harry Fox that administer mechanical licenses and issues related to digital downloads and sampling sound recordings.
Performance Right ? A World in Transition ABAToddtodd brabec
The document discusses the evolution of music licensing and performance rights in the digital age. It provides background on traditional music licensing through performing rights organizations (PROs) like ASCAP and BMI. With the rise of online music, rate court cases have determined licensing fees for new media companies. Key cases set interim fees for YouTube and ruled that music downloads do not require performance licenses. Recent settlements now cover digital services like Spotify but most terms remain confidential. The challenges of valuing performance rights online versus traditional media are ongoing.
This document discusses the complex issues around music copyright and how the industry has struggled to adapt to digital technologies and distribution models. It provides a brief history of music copyright law and outlines how recording contracts traditionally benefited corporations at the expense of artists. The document also shows how digital sharing disrupted old business models and formats, leading to lawsuits against customers instead of innovative solutions. While change has been slow, newer models and copyright approaches are emerging, though challenges still remain in fully adapting the industry to the digital age.
This document discusses royalties, licensing, and income streams in the music business. It defines the types of works that can be copyrighted and the organizations that collect fees for different uses of music, such as performance rights organizations. Royalties are fees paid for uses of copyrighted works, including mechanical royalties for cover songs and performance royalties for public performances. Licensing involves granting permission to use musical works for a fee. There are various types of licenses for different uses of music. Income can be generated from many music business activities that involve licensing copyrighted works.
The document discusses the distribution channels and ownership of music for two recording artists from rival record labels Sony and Time Warner. It instructs the reader to produce flow charts comparing how each artist is distributed and conclude their findings. Information is provided about record labels, how artists earn revenue, songwriting royalties, and mechanical royalties paid to recording artists. Key details include that record labels manage branding and copyrights, coordinate production and promotion, and maintain contracts with artists. Revenue comes from sales, performances, sheet music, and sync licenses. Ownership of songs is split between songwriters, publishers, recording artists, and record labels.
This session reviews the basics of digital revenues streams for musicians using online radio, download and streaming sites to promote and sell their music.
Live In Your City aims to be an online subscription service offering unique live music recordings not found on other services. There is demand for alternative music content as digital music subscriptions are growing. Live In Your City will license live demo tracks, covers, raw recordings, and multiple performances of songs from artists. It will generate revenue from subscriptions, advertising, and sponsorships. The service will launch with free radio shows and reviews to promote its paid subscription tiers offering expanded live music archives.
A publisher promotes and administers songwriting by finding users for songs, issuing licenses to collect money, and paying writers. Traditionally, publishers split income 50/50 with writers and provide advances. Major publishers are affiliated with record companies, while independents handle their own administration. Publishers employ administrators, song pluggers, and creative directors to carry out these roles. Controlled composition clauses in recording contracts limit how much record labels must pay writers for use of their songs. Legislation around 100% licensing and updating sections 114 and 115 of the Copyright Act aim to ensure fair compensation for songwriters from digital streaming.
Mbu 1110 fall 2018 publishing - lecture 4Eric Griffin
A publisher takes care of the business aspects of songwriting such as finding users, issuing licenses, collecting money, and paying writers. Under a standard publishing deal, the writer assigns the copyright of their songs to the publisher, who then administers the songs. Traditionally, publishers and writers split income 50/50, though writers often receive an advance from the publisher. Major publishers are affiliated with record companies, while independent publishers handle their own administration. Publishers, songwriters, and performing rights organizations advocate for legislation that benefits their members and defend against changes that could reduce royalties or control.
The document discusses how copyright law and business practices have shaped the music industry. It notes that when a song is recorded, there are two separate copyrights - for the musical composition and the sound recording. This led to the development of multiple rights-holders and intermediaries. New digital music services have had to navigate this complex system through different strategies like direct licensing of all rights, relying on statutory licenses, or proposing new licensing models. This combination of copyright and business models determines how music is monetized and how musicians are paid.
Copyright law shapes the music industry by granting exclusive rights over musical compositions and sound recordings. This leads to many middlemen taking advantage of these rights, including record labels, publishers, PROs, and collecting societies. Innovation in music business models has involved devising models without licenses, negotiating direct licenses, using statutory licenses, modifying licensing, or facilitating the music economy without needing licenses. However, copyright law and existing industry players can limit innovative startups. New efficiencies are being created through streamlining licensing and payments as well as empowering direct artist-to-fan connections.
This document discusses various aspects of the music business, including intellectual property rights, types of music businesses, and protecting musical works. It covers topics such as how music is marketed and sold, the roles of record labels, publishers, and performing rights organizations. Specific points covered include how songwriting copyright is divided between melody and lyrics, different types of royalties like mechanical and performance royalties, what sync licensing and sampling entail, and how to legally operate as a music label.
This document discusses the debate around whether broadcasters should have to pay performance royalties to artists for playing their music. The RIAA argues broadcasters should pay as radio promotes music sales. Broadcasters argue they already pay fees and radio promotes music. If fees were required, it could cost radio $7 billion annually. There have been various acts related to performance royalties for different mediums, but no law has passed requiring fees for over-the-air broadcasts. In 2009, SoundExchange and NAB agreed to reduced streaming rates for local radio stations through 2015.
Permission is generally required to use copyrighted music. Music licensing provides this permission and involves songwriters, publishers, record labels, and performing rights organizations. There are different types of music licenses including mechanical licenses for recorded music, synchronization licenses for use in video, and performing rights licenses for live performances. Licensing fees are determined by factors like territory, media, and usage. Revenue from popular songs can reach millions from licenses while licensing agencies collect and distribute royalties to copyright holders.
This document discusses copyright infringement, including what constitutes infringement, how to prove infringement, and types of liability. It defines infringement as exercising any of the copyright owner's exclusive rights without permission. To prove infringement, a plaintiff must show ownership of a valid copyright and unauthorized copying. Copying can be proven directly or through circumstantial evidence of access and substantial similarity. There are two types of liability - direct liability for the direct infringer, and secondary liability for third parties who aid or benefit from the infringement, such as through contributory, vicarious, or inducement liability.
This document summarizes copyright formalities including registration, notice, and deposit. It discusses how registration provides evidence of ownership and allows for statutory damages and attorney fees. Registration can be done online or by mail and requires the proper application, work deposit, and fee. Notice of copyright is no longer required but is still recommended to provide notice of protected status. Deposit of the work is also required within 3 months of publication for the copyright office to maintain a copy.
The document summarizes copyright duration rules in the United States. It explains that under the 1909 Copyright Act, copyrights had an initial 28 year term that could be renewed for another 28 years. Many works fell into the public domain due to failure to renew. The 1976 Copyright Act replaced this system with a single copyright term based on the life of the author plus 70 years. The document provides details on determining copyright status and term length for works created before and after 1978. It also discusses some exceptions and amendments related to foreign and restored copyrights.
The document discusses copyright law and the bundle of rights it provides, including the derivative right and distribution right. It explains that the derivative right allows owners to adapt or revise a work, and provides examples of derivative works like translations, arrangements, and remixes/mashups. The distribution right allows owners to distribute and authorize distribution of copies. It discusses limitations like the first sale doctrine, and how piracy violates the reproduction and distribution rights.
The document discusses copyright ownership and transfers, noting that copyright initially belongs to the author of a work but can be transferred through assignment or exclusive license. It also examines joint works, works made for hire, and exceptions where initial ownership vests in employers rather than authors. The document further analyzes termination of transfers, explaining the author's ability to reclaim copyright ownership after a specified period of time.
This document provides an overview of copyright law as it relates to musical works and sound recordings. It discusses the categories of copyrightable works, including literary works, musical works, sound recordings, and compilations. For musical works, it explains that copyright protects the original expression of melody, harmony, rhythm, and optionally lyrics, but not individual musical elements alone. It also discusses requirements for musical works to be protected, such as originality, expression, and fixation in a tangible medium. Case law examples illustrate what constitutes an original musical work. The document also defines sound recordings and notes they are separate from the underlying musical works. It concludes with a summary of the Feist Publications Supreme Court case establishing that facts are not copyrightable.
The document summarizes the history of copyright law from the Licensing Act of 1662 to modern US copyright law under the Copyright Act of 1976. It discusses several important acts and developments, including the Statute of Anne in 1710, the US Constitution giving Congress power to establish copyright, and US Copyright Acts of 1790, 1831, 1909, and 1976 that expanded copyright terms and protections. The Berne Convention of 1886 established international copyright standards that the US later joined in 1989.
This document provides an overview of copyright including:
- Copyright gives creators control and profits from their creative works by granting exclusive rights.
- The bundle of rights includes reproduction, distribution, performance, derivatives, and display.
- Copyright duration is typically life of author plus 70 years or 95/120 years for works made for hire.
- Philosophies of copyright include author's rights, user's rights, and economic rights, with the US following an economic approach.
Mbu 1100 fall 2019 lecture 9 groups egEric Griffin
This document discusses key provisions for record deals involving musical groups. It notes that group contracts often include key member clauses, giving the record label rights over any member that leaves or breaches the agreement. The document also recommends that musical groups establish band agreements to determine ownership of their name and brand, financial splits between members, rules for adding or removing members, and what will happen if the group dissolves. Finally, it stresses the importance of establishing a formal business entity like an LLC or corporation to manage the group's affairs and avoid legal issues.
Mbu 1100 fall 2019 lecture 8 getting started egEric Griffin
This document provides a checklist for new artists to get started in the music business. It recommends that artists register their copyrights, keep records of ownership, draft agreements between band members, trademark their name and logo, form necessary business entities, register with performing rights organizations, arrange for distribution of music and merchandise, embed metadata, register websites and social media, consider booking agents and publicists, and look into relevant industry organizations. The checklist covers important legal and business steps for artists to protect their work and maximize revenue opportunities.
The document discusses several topics related to touring and merchandising for musical artists. It provides guidance on matching an artist's image to appropriate venues and genres. It also outlines responsibilities of agents in areas like ticket sales, sponsorship deals, and financial accounting. New artists are advised to either play small venues on their own or open for established artists to gain exposure. The document also discusses strategies for merchandising, including different types of tour and retail merchandising deals.
GRIFFIN COPYRIGHT MBU 2520 FALL 2019 THE FUTUREEric Griffin
Marc Geiger warned that music labels and publishers will have to adapt to digital technology and embrace change, or they will disappear within 5 years. The document also outlines recommendations to update copyright law for the digital age, including establishing a "Creator's Bill of Rights" that guarantees fair compensation and transparency for music creators. It proposes using blockchain technology and cryptocurrencies to better manage online payments to creators.
GRIFFIN COPYRIGHT MBU 2520 FALL 2019 chapter 15Eric Griffin
MP3.com launched a service that allowed users to access music collections online from any location by copying music from commercial CDs onto its servers. The court found this copying to not be fair use and awarded $53 million to UMG, as MP3.com was duplicating entire CDs for commercial purposes without authorization from copyright holders. While users had to prove CD ownership, MP3.com still engaged in unauthorized copying of the music files.
GRIFFIN COPYRIGHT MBU 2520 FALL 2019 chapter 12Eric Griffin
This document discusses remedies for copyright infringement, including coercive remedies like injunctions, impoundment, and destruction to prevent further infringement. It also discusses compensatory remedies like actual damages and profits as well as statutory damages to compensate copyright owners. Criminal remedies are also outlined, including increased penalties for willful infringement, pre-release piracy, and circumventing copyright protection systems.
GRIFFIN COPYRIGHT MBU 2520 FALL 2019 chapter 11Eric Griffin
The document discusses defenses to copyright infringement claims, including the statute of limitations defense, abandonment defense, and fair use defense. It provides explanations of these defenses and examples to illustrate them. It also discusses the four factors courts consider when determining whether a use of a copyrighted work constitutes fair use. These factors are: (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used, and (4) the effect of the use on the potential market.
GRIFFIN COPYRIGHT MBU 2520 FALL 2019 chapter 10Eric Griffin
This document discusses copyright infringement. It defines infringement as exercising any of the copyright owner's exclusive rights without permission. A single act can violate multiple rights. Examples of infringement include recording a song without permission or distributing a recording without permission. To prove infringement, a plaintiff must prove they own a valid copyright and that the defendant copied the copyrighted work without permission. This can be shown through access to the work and substantial similarity between the works. Fragmented copying of important elements can also constitute infringement. Federal court is where infringement lawsuits are typically brought.
This document discusses key provisions for group record deals and band agreements. It outlines clauses like the key member clause, rights to leaving members, ownership of the band name, splitting percentages and finances, controlling voting and decision making, adding or removing members, contributions, amending agreements, and what happens in cases of death, disability or dissolution of the band. It also reviews different types of business entities bands can form like sole proprietorships, partnerships, LLCs and corporations to establish ownership and liability structures.
The document provides an extensive checklist for artists getting started in the music business. It recommends registering copyrights, tracking ownership of intellectual property, drafting agreements between band members, trademarking names and logos, forming companies, registering with performing rights organizations, digital distributors, and SoundExchange. It also suggests embedding metadata, securing websites and social profiles, utilizing video, booking agents, publicists, attending conferences, and obtaining insurance. The overall message is to take legal protections seriously, work hard to create and promote music, and enjoy the creative process.
The document discusses several key aspects of touring for artists:
1. The image and genre of the artist should match the tour venues to attract their core audience. A small, full room is preferable to a large, empty arena.
2. Agents are responsible for collecting deposits from promoters, usually 50% of the guarantee in advance, to ensure the promoter pays what is owed. If a promoter does not pay the deposit, they may not pay the rest.
3. New artists will likely lose money on early tours due to poor conditions and small audiences waiting for the headliner. They can play small venues independently or open for an established artist.
MBU 1110 Fall 2019 - Record Companies & Deals - Lecture #5Eric Griffin
The document discusses independent and major record labels. It states that in 2016-2017, independent labels collectively had a larger market share than any single major label. It also provides information on RIAA certification levels, royalty calculations for a gold album, and how much money an artist could expect to make from a gold album after costs are deducted (around $170,000, though they would not receive the full amount at once due to reserves held for returns).
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
1. MBU 2520 Spring 2018 - Eric M. Griffin
The Public Performance Right
The Display Right
1
2. The COPYRIGHT Bundle of Rights
MBU 2520 Spring 2018 - Eric M. Griffin
.
Under the US Constitution, Copyright guarantees an exclusive “Bundle of Rights” to
Authors/Creators. This essentially creates a ”Limited Duration Monopoly.”
The Bundle of Rights: RDPDDD
1. Reproduction: Right to make copies. Mechanical Royalty
2. Distribution: Sale to the public resulting in transfer of ownership of that copy
3. (public) Performance: Performance Royalty. Collected by PROS, etc.
4. Derivative: Synch Royalty, Sampling.
5. (public) Display. Not as common with music.
6. (public performance of Sound Recording) via DIGITAL AUDIOTRANSMISSION. 2
4. MBU 2520 Spring 2018 - Eric M. Griffin
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The Public Performance Right:
What is “Public?”
4 categories:
1. Performed at a place “open to the public.” (May charge a fee.)
2. Performed at a place where a substantial number of people (not just family &
friends) are gathered. (no specific # given)
3. Transmitted to a place open to the public or where a substantial number of
people (not just family & friends) are gathered. (no specific # given)
4. Transmitted by a device, regardless of whether the public receives at the
same or different time. No audience required. Must only be the possibility.
Transmitted = communicated by device that enables sound//image to be
Received beyond the location of origin. 4
5. MBU 2520 Spring 2018 - Eric M. Griffin
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The Public Performance Right:
What is “Public?”
Transmission MUST be capable of reaching a public audience, even if it did
not.
Downloads = Private Performance (The music is delivered but NOT performed.)
The performance may occur after downloading but not at the same time.
Streaming = Public Performance
5
6. MBU 2520 Spring 2018 - Eric M. Griffin
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Performance Rights Organizations (PROs)
What do they do?
1. Issue performance licenses and collect fees.
2. Monitor public performances.
3. Pay songwriters and publishers based on performances.
Most licenses ae blanket licenses. May perform any music in the PROs repertoire.
Fee based on potential audience size, gross revenues, amount of music used.
Performance of music in a dramatic work (like a play) must be approved by owner.
6
8. 8
The Major Players: The PRO’s
• Performance royalties are paid by radio
stations, venues, and TV networks to
Performing Rights Organizations like
ASCAP, BMI, SESAC, and SOCAN (in
Canada) who then distribute the money
to their affiliated songwriters, composers
and publishers
• What’s their position?
The PRO’s are very active defending the
interests of publisher and songwriter
members. They’ve always played a key
role in music industry/technology issues
and are a strong asset in national
legislation movements for the
publishing/songwriting community.
9. 9
The Major Players: The PRO’s
• Anticipate more legal battles between the PRO’s
and digital licensees. Until a genuine debate on
Capitol Hill takes place for the Next Great
Copyright Act, the PRO’s will continue to slug it
out with digital licensees one by one.
• SOUND EXCHANGE – Collects the digital
performance royalty for Featured Artist and
Owner of Sound Recording from non-interactive
digital sources. (satellite radio providers, cable
tv music, and webcasters) Admin fee of 4.9%
10. Public Performance Royalties
• Impossible to police every club and radio station in the country
and make them get a separate license for every song they play.
• Blanket Licenses – covers all of the music that a particular
performance rights society represents.
• The blanket license fee gives the user the right to perform all
of the songs controlled by all of the publishers affiliated with
that society
• ASCAP, BMI, and SESAC are the biggest in performance rights
societies U.S.
10
11. Public Performance Royalties
• Writers are paid directly by the societies with which they are
affiliated.
• A writer’s performance earnings (radio,T.V., clubs,
restaurants, etc) are not paid to the publisher, but paid directly
to the writer.
• Writers can only affiliate with one society.
• Publishers can affiliate with both ASCAP and BMI (and SESAC,
if they want)
11
12. How Do Societies Keep
Track?
• BMI requires licensee stations to keep logs of all the music they
play; rotating between the stations for about 3 24-hr days per
year.
• BMI projects from those logs to the entire country
• BMI also uses a digital listening service that monitors major
stations, matches the to a database and reports what it hears.
• ASCAP doesn’t use station logs.They use a digital monitoring
service to listen to hundreds of thousands of hours of
programming and extrapolate that for the rest of the country.
Radio
12
13. How Do Societies Keep
Track?
• T.V. stations are required to keep cue sheets
– Lists all songs played, how long it was played, and how it was used: theme,
background, etc.
Cue sheets are filed with the societies and specific dollar amounts are paid for each
song and type of use
Amount also varies with size of market; Network pays a lot more than local.
ASCAP and BMI supplement cue sheets with digital monitoring of broadcasts.
Television
13
14. How Do
Societies Keep
Track?
• Societies now pay for domestic live performances, but
only for the top 200 grossing tours according to
PollStar.
• Pay is based on set lists
• BMI recently started tracking sports stadiums and
arenas.
Live Events
14
15. How Do Societies Keep
Track?
ASCAP, BMI, and SESAC are not permitted to collect public performance monies for
motion pictures shown in theaters in the U.S.
Reasons are historical and political
– Foreign film performance monies can and are collected.
– Can be substantial as they are a percentage of the box office receipts.
– Fees are collected by local societies, then turned over to ASCAP, BMI, and SESAC
Motion Picture Performance Money
15
21. 21
LEGISLATION – 100% Licensing
In 2016 the DOJ began an investigation into 100% Licensing.
Today, and historically, BMI and ASCAP, and the licensees who use your
music, have operated under a model where each PRO collects for and
pays out for only the shares of musical works each represents in its
respective repertoire; this practice is known as fractional licensing. It
allows a co-owner to license only their own share in a work and receive
direct payment from their PRO for that share. To put it simply, each PRO
collects and pays their members for their share of a co-written song under
our specific valuation system
22. 22
LEGISLATION – 100% Licensing
100% licensing would allow any one co-owner of a work to license 100%
of the work without needing the permission of the other co-owners.
Essentially, each writing partner could have 100% control over the
licensing of your song, without your say, subject only to an obligation to
account to you for your share of licensing revenues.
23. 23
LEGISLATION – 100% Licensing
What happens with 100% Licensing?
In an example where a BMI writer writes with ASCAP:
• ASCAP could license co-written works at ASCAP’s own
rate, not BMI’s.
• ASCAP could reduce payment by its own overhead rate
even before it enters BMI’s distribution system causing
double fees.
• writer could be subject to ASCAP’s distribution
methodology, not BMI’s.
• Distributions could be delayed by this process.
If this interpretation were put into action, in order to avoid
this and ensure your PRO licenses your share in co-written
works, you would have to collaborate only with other same
PRO writers.
24. 24
LEGISLATION – Songwriter’s Equity Act
In March of 2015 a bipartisan group reintroduced the Songwriter Equity
Act (H.R. 1283 and S. 662) in the 114th Congress.
This legislation, which was first introduced early 2014, is important to
music creators because it addresses two outdated sections of the US
Copyright Act that currently limit your ability to get paid fairly when
your music is streamed.
Section 115 of the law sets conditions by which mechanical
royalties are set, but doesn't include not allowing a rate
court to consider other royalty rates as evidence.
Section 114 of the Copyright Act prohibited rate courts for
considering rates paid to recording artist when setting
songwriter royalty rates.
25. 25
LEGISLATION – Songwriter’s Equity Act
Impact of a rate disparity is that the value of the
performance of a sound recordings is at a level
approximately 12 times greater than the actual musical
compositions from which they are created.
Simply put: The rate courts should be able to look at
evidence of other rates when setting the rates that
songwriters are to be paid.
i
26. 26
LEGISLATION – DOJ Consent Decrees
ASCAP and BMI are governed by “consent decrees” originally
issued by the US Department of Justice (DOJ) in 1941 (ASCAP)
and 1966 (BMI) to curb the anticompetitive tendencies of the
publishing sector. (Monopoly) Intended to promote
competition in the marketplace for musical works,
Music publishers, PROs and some songwriters have asked the
DOJ to eliminate or modify the existing consent decrees due
to concerns over rate-setting and other perceived limitations.
Government regulators have solicited public comment and are
currently deciding what approach—if any—to take.
PRO Income comes from Public performance of the
Composition. BMI reported distributing a record $977
million in revenue in 2014. Who collects public
performance of the Sound Recording?
27. 27
LEGISLATION – DOJ Consent Decrees
Why do the consent decrees exist in the first place?
Consent decrees are limitations agreed upon by parties in response
to regulatory concern over potential or actual market abuses. It
was a trade off to allow them to be monopoly-like without having
to face further regulation or break up.
The consent decrees encourage ASCAP and BMI to compete with
one another to attract licensees and recruit new
songwriter/publisher members.
Michael O’Neil – BMI Testimony to Congress
https://www.c-span.org/video/?c4500983/bmi-consent-decree
28. 28
LEGISLATION – DOJ Consent Decrees
What do the consent degrees do?
1. Only Performance Rights: ASCAP and BMI can only
administer performance rights, not any other, often
related, rights.
2. Non-Exclusive Licenses: PROs must have non-
exclusive licenses, meaning that publishers retain the
ability to directly license their catalogues.
3. Required to Grant License: ASCAP and BMI are
required to grant a license to any party that requests one.
This license is then valid while the two parties attempt to
negotiate a rate.
4. Rate Courts: If the two sides are unable to reach an
agreement on a rate, the dispute is settled by a special rate
court, which was created under the consent decree.
29. 29
LEGISLATION – DOJ Consent Decrees
2012 - Pandora filed a lawsuit against ASCAP in rate court.
Pandora said that ASCAP was failing to set “reasonable” license
fees for them and sought relief in the courts. However, the issue
changed from royalty rates to a different question, whether
publishers could pull their digital rights from ASCAP and other
PROs while staying with the PROs for other licensing, such as to
bars and restaurants. The court ruled they can’t do that, that
they were “all or nothing” if they chose to partner with a PRO.
However, shortly after the ruling, the DOJ, at the request of
ASCAP and BMI, began to look at reviewing the terms of the
consent decrees, which coincided with a hearing by the House
Judiciary committee on the subject of music licensing.
The reasons for the reforms and the
proposals are important to understand.
30. 30
LEGISLATION – DOJ Consent Decrees
Changes being considered:
1. Whether content owners should be able to pull out of
PROs for certain types of rights, such as digital rights.
2. Whether to replace the rate court, which is a federal court
with all of the expense of a federal lawsuit, with
mandatory arbitration.
3. Whether PROs should be able to grant rights beyond
performance rights.
4. In general, whether the consent decrees are helping or
harming competition.
31. 31
LEGISLATION – DOJ Consent Decrees
Benefits for songwriters:
•More level playing field in which all composers, from emerging young
writers to veteran hitmakers, are treated the same
•Writer’s share goes to writer without going to publisher first.
•Prevent ASCAP and BMI (or their members) from playing favorites with
one service over another, which allows for new radio stations and music
platforms to more easily enter the marketplace.
32. 32
LEGISLATION – DOJ Consent Decrees
Benefits for independent publishers:
• A performance of a song published by a small independent publisher
is worth the same as any other.
• Allow for efficiencies that are responsible for the tremendous
growth of AM/FM and digital radio, which has expanded the pie for
publisher compensation.
• The current system also means that smaller, independent publishers
can make their catalog available to potential users just as easily as
their multinational peers.
33. 33
LEGISLATION – DOJ Consent Decrees
Benefits of Consent Decrees for Licensees
• New services that may not have the capital or clout to cut
direct deals at the rates demanded by the big publishers.
• Reduce concerns of copyright infringement for licensees
using a blanket license: if the agreed upon fee is paid, they
have access to the entire repertoire of works in covered by a
PRO, secure in the knowledge that the PRO will pay
songwriters and publishers directly.
34. 34
LEGISLATION – DOJ Consent Decrees
Criticisms of the consent decrees
•Publishers and PROs often criticize the consent decrees for
being “outdated.”
•Rate setting procedures established by the decrees have
resulted in unreasonably low royalty rates.
•Publishers wish to directly license their catalog and use the
PROs simply as a royalty collection and distribution agency
allowing them to secure far higher rates for their catalog
•The process through which rates are determined can lead to
expensive litigation that can reduce the capital available to
ASCAP and BMI to provide better service to members
35. 35
LEGISLATION – DOJ Consent Decrees
What the major publishers and PROs want
•ASCAP and BMI have stated that the consent decrees should be eliminated or
gradually phased out. OR they should be allowed to bundle other rights under their
services offered to members, including mechanical royalties and synch licenses.
•Arbitration.
•Use “interim rates” to cover periods being negotiated.
•The major publishers have threatened to remove their entire catalogs from the PROs
if the consent decrees aren’t either gotten rid of or heavily modified to serve their
interests.To avoid this outcome—which would surely weaken the relevance of the
PROs—ASCAP and BMI advocate for partial catalog of digital rights by the publishers
in exchange for the ability to bundle other rights.
36. 36
LEGISLATION – DOJ Consent Decrees
Early July 2015 – Sony /ATV presented the “nuclear option.” If there was not a resolution
acceptable to the publishers,they would consider withdrawing 100% from the PROS.
What might happen?
Independents would lose benefit of collective bargaining likely
leading rates to plummet.
Independents would have to take over the significant operating
costs no longer being paid by the majors.
Perhaps a disastrous effect on innovation in the streaming
marketplace. Streaming services would be forced to negotiate
licenses with the three major publishers, and possibly some of the top
independent publishers, in addition to obtaining licenses from ASCAP,
BMI, and the third PRO, SESAC. The combined cost of these licenses
would likely prove too great for any new startup to bear.
38. MBU 2520 Spring 2018 - Eric M. Griffin
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Limitations on Performance Rights (cont.)
(5) The Homestyle Receiving Apparatus Exemption (Section 110(5) provides and
exemption for business who play radio or TV broadcasts on standard radio or
TV equipment);
6) The Fairness in Music Licensing Act (provides that certain business that perform
music received from licensed radio, TV, cable, and satellite broadcasts are
exempt from having to obtain permission to publicly perform music within their
establishment);(
7) Retail record sales (Section 110(7) provides an exemption for performances of
nondramatic musical works in connection with the sale of phonorecords and/or
sheet music that embody the works);
8) Noncommercial Broadcasting (Section 118 of the Copyright Act provides for a
compulsory license permitting the performance of published, non-dramatic
musical works).
38
42. MBU 2520 Spring 2018 - Eric M. Griffin
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Limitations on Performance Rights
RELIGIOUS SERVICES
Section 110(3) Provides an exemption for performance of nondramatic literary
works and dramatic musical works of a religious nature IF “in the course of
services at a place of worship or other religious assembly.
Because this applies to both dramatic and non-dramatic works, masses and
choral services may be exempt. Does NOT apply to secular works containing
religious content. (Performance of Jesus Christ Superstar is NOT EXEMPT
because it is a secular work.)
Must be in the course of religious services. (Not fundraising, entertainment,
educational, or social programs at church = NO)
Must be at place of worship. (Mass in park = NO) 42
44. MBU 2520 Spring 2018 - Eric M. Griffin
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Limitations on Performance Rights
Homestyle Receiving Apparatus Exemption
Section 110(5) – Exempts some businesses who play radio or TV broadcasts
on standard radio or TV Equipment.
1. Must be a single device commonly used in private homes.
2. Cannot charge public to see or hear device.
3. Cannot be further transmitted to the public.
Examples: a) Radio connected to chain of external speakers = NO
b) Yet a mini-golf course with speakers was given a pass.
results are inconsistent in the courts. This led to the Fairness in Music
Licensing Act of 1998…
44
46. MBU 2520 Spring 2018 - Eric M. Griffin
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Limitations on Performance Rights
Retail Record Sales
Section 110(7) provides exemption for Nondramatic musical works in connection with
the sale of phonorecords and/or sheet music embodying the works.
1. Open to public at large
2. No admission charge
3. Perform only for purpose of promoting sales
4. Not transmit performance beyond store
Does not apply to internet or other sales beyond a brick & mortar store.
46
47. MBU 2520 Spring 2018 - Eric M. Griffin
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Limitations on Performance Rights
Noncommercial Broadcasting
Section 118 allows a compulsory performance license for published, non-dramatic
musical works by public broadcasters (non-commercial, educational broadcast
stations.) Rates are much lower than commercial broadcasters.
47
48. The COPYRIGHT Bundle of Rights
MBU 2520 Spring 2018 - Eric M. Griffin
.
Under the US Constitution, Copyright guarantees an exclusive “Bundle of Rights” to
Authors/Creators. This essentially creates a ”Limited Duration Monopoly.”
The Bundle of Rights: RDPDDD
1. Reproduction: Right to make copies. Mechanical Royalty
2. Distribution: Sale to the public resulting in transfer of ownership of that copy
3. (public) Performance: Performance Royalty. Collected by PROS, etc.
4. Derivative: Synch Royalty, Sampling.
5. (public) Display. Not as common with music.
6. (public performance of Sound Recording) via DIGITAL AUDIOTRANSMISSION. 48
51. MBU 2520 Spring 2018 - Eric M. Griffin
Owners of SR shall have the exclusive right ”to perform the
copyrighted work publicly by means of DIGITAL AUDIO
TRANSMISSION. (subject to certain limitation, of course.)
D.A.T. is defined as a digital transmission “that embodies the
transmission of a sound recording.”
Digital Performance Right in Sound Recordings Act of 1995
51
52. MBU 2520 Spring 2018 - Eric M. Griffin
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Digital Performance Right in Sound Recordings Act of 1995
Limitations to this Performance Right:
1) Only applies to “digital” audio transmissions. ANALOG transmission are not
included. That means terrestrial radio!
2) Only applies when the recorded sounds are received beyond where they were
sent from. (Does not apply to live music or live performance of digital music.)
3) Only applies to sound recordings (not AV works)
4) Only applied to “Public” performance (as we have defined public).
52
54. MBU 2520 Spring 2018 - Eric M. Griffin
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Digital Performance Right in Sound Recordings Act of 1995
……SPOTIFY,TIDAL.PANDORA
54
55. MBU 2520 Spring 2018 - Eric M. Griffin
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Digital Performance Right in Sound Recordings Act of 1995
55
56. MBU 2520 Spring 2018 - Eric M. Griffin
Numerous legislative efforts have been made to expand the DPRSRA to include
analog performances. These are regularly opposed by broadcasters. Broadcasters
call this a “tax” on their promotional performance of musical works. They argue that
the promotional exposure should be enough.
Digital Performance Right in Sound Recordings Act of 1995
56
58. MBU 2520 Spring 2018 - Eric M. Griffin
Performances Subject to Compulsory Licenses:
Generally those instances less likely to displace sales – webcasting, satellite and
cable transmissions to subscribers, etc. (Example – Sirus/XM)
1. Non-Interactive
2. Content restriction = In a 3 hour period, NOT more than 2 consecutive songs or
more than 3 in total from a single SR or more than 3 consecutive songs of 4 total
songs by the same recording artist.
3. No advance notice – can specify type of music or next up
4. No Automatic Switching
5. Archived programs cannot be less than 5 hours in duration and cannot be posted
for more than 2 weeks. (changing songs doesn’t avoid issue)
6. Looped Programs cannot be less that 3 hours duration.
7. Programs of <1 hour that contain performances of recordings in a
predetermined order for which times have been announce in advance cannot be
transmitted more than 3X in a 2 week period. 4X for programs over 1 hour.
58
62. MBU 2520 Spring 2018 - Eric M. Griffin
Performances Subject to Negotiated Licenses:
When there is a very high chance of displacing a sale, a negotiated license is needed.
1. Interactive transmissions and Subscription transmission not qualifying for any
other exception.
-The interactive nature of the transmission allows listeners to virtually replace to
original SR and displaces sales.
Digital Performance Right in Sound Recordings Act of 1995
62
63. MBU 2520 Spring 2018 - Eric M. Griffin
D.T. of a SR (DPD) or Download vs. Public Performance of a SR.
Definition = each digital delivery “of a SR which results in a specifically identifiable
reproduction by or for any… recipient of a phonorecords of that SR , regardless of
whether the DT is also a public performance of the SR…”
Master use licenses for transmitting the SR by a DPD MUST be contractually
negotiated.
See: F.B.T. Productions vs. Aftermath Records - Dispute w/Eminem concerning
the royalty due for downloads versus regular sales. The contract paid 12%-20% for
regular retail sales and 50% for licensed uses. The court was clear that the sale of a
DPD was a LICENSED USE of the SR.
Digital Performance Right in Sound Recordings Act of 1995
63
64. The COPYRIGHT Bundle of Rights
MBU 2520 Spring 2018 - Eric M. Griffin
.
Under the US Constitution, Copyright guarantees an exclusive “Bundle of Rights” to
Authors/Creators. This essentially creates a ”Limited Duration Monopoly.”
The Bundle of Rights: RDPDDD
1. Reproduction: Right to make copies. Mechanical Royalty
2. Distribution: Sale to the public resulting in transfer of ownership of that copy
3. (public) Performance: Performance Royalty. Collected by PROS, etc.
4. Derivative: Synch Royalty, Sampling.
5. (public) Display. Not as common with music.
6. (public performance of Sound Recording) via DIGITAL AUDIOTRANSMISSION. 64
66. MBU 2520 Spring 2018 - Eric M. Griffin
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The PUBLIC DISPLAY RIGHT
ABKCO Music, Inc. v. Stellar Records, Inc. – manufacturer of Karaoke CD+Gs
(like a DVD) had compulsory licenses for recording and distributing the songs
for singers to sing along with. The publishing company for The Rolling Stones
sued claiming that they needed a display license to show the lyrics publicly.
*The court ruled that showing the lyrics required a display license in addition to
the compulsory licenses they already had.
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Limitations on Display Rights
1. Display of a Single Image at a Single Site.
Section 109(c) allows an owner of a copy to display it publicly if the copy was
lawfully made. Must be a direct display or projection of no more than 1 image at a
time to viewers present at the same location as the copy.
2. Display in Situations Where Performance is also Exempted.
If other performance exemptions apply, they may also apply to display rights.
Eg. face to face teaching, instructional transmissions, religious services, or
transmissions by noncommercial educational broadcasting stations.
Example: A church wants to show lyrics on a screen for choir. The religious
use exception may allow the display of the lyrics, BUT they still need a license
to reproduce the song lyrics (unless they have some Fair Use argument).
67