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Can the beat go on?
Music Licensing & Copyright
Law
Attorney Erin Ogden of Ogden Glazer + Schaefer
Wisconsin Winery Association Annual Meeting
May 21, 2019
What can be protected?
Copyright protection extends to
• original works of authorship,
• fixed in any tangible medium of expression, now known or
later developed,
• from which they can be perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or
device.
What can be protected?
Works of authorship include the following categories:
• literary works;
• musical works, including any accompanying words;
• dramatic works, including any accompanying music;
• pictorial, graphic, and sculptural works;
• motion pictures and other audiovisual works;
• sound recordings.
Exclusive Rights of Owners
The owner of copyright under this title has the
exclusive rights to do and to authorize how the
material can be
• Reproduced
• Modified
• Distributed
• Displayed
Permitting Use
Can transfer ownership or just give permission to
use
• Each piece of authorship can be owned separately
• Each piece of authorship can license each piece
independently
Licenses
Permission to use
• Can limit scope by person, geography, use, etc.
Different routes available for licenses
• Direct from author
• Purchase a license
• Other licenses
Creative commons
Fair Use
 It is not an infringement of copyright if it is “Fair Use”
 The factors to be considered include:
• the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
• the nature of the copyrighted work;
• amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
• the effect of the use upon the potential market for or value of the
copyrighted work.
Public Performance
A performance that occurs in
• a public place or
• any place where people gather (other than a small circle of a family or its
social acquaintances).
A performance that is transmitted to the public;
• For example, radio or television broadcasts, music-on-hold, cable television,
and the internet
What about radio?
 Permission for radio and television transmissions in your business is not needed
if the performance is
• by means of public communication ofTV or radio transmissions,
• by eating, drinking, retail under 3750 square feet or other establishments under 2000
square feet which use a limited number of speakers orTVs,
• and if the reception is not further transmitted (for example, from one room to another) from
the place in which it is received, and there is no admission charge.
What is a “limited number”?
For radio, if the business is using:
• more than six loudspeakers; or
• more than four loudspeakers in any one room or adjoining outdoor space; or
• if there is any cover charge; or
• music on hold.
TVs too
 ForTV, if the business is using:
• more than fourTVs; or
• more than oneTV in any one room; or
• if any of theTVs used has a diagonal screen size greater than 55 inches; or
• if any audio portion of the audiovisual performance is communicated by means of more
than six loudspeakers, or four loudspeakers in any one room or adjoining outdoor space; or
• if there is any cover charge.
Music Licensing Services
 BMI, ASCAP, and SESAC
 Licenses the public performances of its members' musical works.
 Licenses vary depending on business
• Over 100 different ASCAP rate schedules
• Airlines,Amusement Parks, Bars, Restaurants & Nightclubs, Fitness Clubs, Hotels,Websites,
Retail Stores and music users in a wide variety of other industries.
Questions?
Erin R. Ogden
Ogden Glazer + Schaefer
erogden@ogs.law
(608) 561-2424
www.ogs.law
Our Blog: http://www.ogs.law/interact
LinkedIn: Erin R. Ogden
Facebook:
www.facebook.com/ogs.law
Twitter: @ErinROgden

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Music licensing and copyright law

  • 1. Can the beat go on? Music Licensing & Copyright Law Attorney Erin Ogden of Ogden Glazer + Schaefer Wisconsin Winery Association Annual Meeting May 21, 2019
  • 2. What can be protected? Copyright protection extends to • original works of authorship, • fixed in any tangible medium of expression, now known or later developed, • from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
  • 3. What can be protected? Works of authorship include the following categories: • literary works; • musical works, including any accompanying words; • dramatic works, including any accompanying music; • pictorial, graphic, and sculptural works; • motion pictures and other audiovisual works; • sound recordings.
  • 4. Exclusive Rights of Owners The owner of copyright under this title has the exclusive rights to do and to authorize how the material can be • Reproduced • Modified • Distributed • Displayed
  • 5. Permitting Use Can transfer ownership or just give permission to use • Each piece of authorship can be owned separately • Each piece of authorship can license each piece independently
  • 6. Licenses Permission to use • Can limit scope by person, geography, use, etc. Different routes available for licenses • Direct from author • Purchase a license • Other licenses Creative commons
  • 7. Fair Use  It is not an infringement of copyright if it is “Fair Use”  The factors to be considered include: • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; • the nature of the copyrighted work; • amount and substantiality of the portion used in relation to the copyrighted work as a whole; and • the effect of the use upon the potential market for or value of the copyrighted work.
  • 8. Public Performance A performance that occurs in • a public place or • any place where people gather (other than a small circle of a family or its social acquaintances). A performance that is transmitted to the public; • For example, radio or television broadcasts, music-on-hold, cable television, and the internet
  • 9. What about radio?  Permission for radio and television transmissions in your business is not needed if the performance is • by means of public communication ofTV or radio transmissions, • by eating, drinking, retail under 3750 square feet or other establishments under 2000 square feet which use a limited number of speakers orTVs, • and if the reception is not further transmitted (for example, from one room to another) from the place in which it is received, and there is no admission charge.
  • 10. What is a “limited number”? For radio, if the business is using: • more than six loudspeakers; or • more than four loudspeakers in any one room or adjoining outdoor space; or • if there is any cover charge; or • music on hold.
  • 11. TVs too  ForTV, if the business is using: • more than fourTVs; or • more than oneTV in any one room; or • if any of theTVs used has a diagonal screen size greater than 55 inches; or • if any audio portion of the audiovisual performance is communicated by means of more than six loudspeakers, or four loudspeakers in any one room or adjoining outdoor space; or • if there is any cover charge.
  • 12. Music Licensing Services  BMI, ASCAP, and SESAC  Licenses the public performances of its members' musical works.  Licenses vary depending on business • Over 100 different ASCAP rate schedules • Airlines,Amusement Parks, Bars, Restaurants & Nightclubs, Fitness Clubs, Hotels,Websites, Retail Stores and music users in a wide variety of other industries.
  • 13. Questions? Erin R. Ogden Ogden Glazer + Schaefer erogden@ogs.law (608) 561-2424 www.ogs.law Our Blog: http://www.ogs.law/interact LinkedIn: Erin R. Ogden Facebook: www.facebook.com/ogs.law Twitter: @ErinROgden