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.

1. Intellectual
Property
(Song Development)
Copyright
Protection
(Song Created)
Music
Publishing
(Song Monetized)
Music Publishing & Copyright Administration
In The Internet Age
Lecture by Dae Bogan | Dae Bogan Music, LLC

2. 2
About Dae Bogan
3rd Generation
Music Industry
Professor of
Entertainment Marketing
& Cross Promotions
at Emerson College
Master of Arts
Candidate in
Music Industry
Administration
at CSUN
Music Industry
Professional,
Consultant, Educator,
Speaker, Pundit at
DaeBoganMusic.com

3. • Intellectual Property
• Copyright Administration
• Music Publishing
• Music & The Internet
• Self-Publishing Tool Kit
• Q&A
3
Overview

4. Intellectual Property
4

5. Music as Intellectual Property
Intellectual property
(IP) refers to creations
of the mind, such as
inventions; literary and
artistic works; designs;
and symbols, names
and images used in
commerce.
5

6. Industrial Property
• patents for inventions,
• trademarks,
• industrial designs, and
• geographical indications
Copyright
• Literary works (such as
novels, poems and plays),
• films,
• music,
• artistic works (e.g.,
drawings, paintings,
photographs and
sculptures), and
• architectural design.
6
Two Categories of IP

7. Industrial Property (Trademark) Copyright (Music)
7
IP in the Music Industry
KISS logo is trademarked
KISS songs are copyrighted

8. 8
From IP to Copyright
Protect your musical works (IP)
with copyright protection.

9. Copyright Administration
9

10. • Copyright is a form of legal protection provided
by the laws of the United States to the creators of
intellectual property. (U.S. Copyright Act of 1976)
• This protection is available to both published and
unpublished works.
• Copyright protection is only available to original
works of authorship that are fixed in a tangible
form such as a copy or phonorecord.
– Ideas can not be copyrighted
10
Copyright Basics

11. Copyright protection grants six exclusive rights:
1. The right to make copies and duplicate your CD
(reproduction)
2. The right to prepare derivative works (alternate versions,
new arrangements, adaptations) (derivative works)
3. The right to distribute your music (distribution)
4. The right to perform the songs publicly (public performance)
5. The right to display the product publicly (public display)
6. The right to perform publicly via digital audio transmission
(digital public performance)
11
Six Exclusive Rights

12. • The reproduction right is perhaps the most
important right granted by the Copyright Act.
• Under this right, no one other than the copyright
owner may make any reproductions or copies of
the work.
• It is not necessary that the entire original work be
copied for an infringement of the reproduction
right to occur. All that is necessary is that the
copying be "substantial and material.“
• MUSIC INDUSTRY EXAMPLE: Making copies of a
master CD or sampling a song.
12
#1 Right to Reproduction

13. • The right to make a derivative work overlaps
somewhat with the reproduction right.
• According to the Copyright Act, a derivative
work is a work based upon one or more
preexisting works.
• A derivative work usually involves a type of
transformation.
• MUSIC INDUSTRY EXAMPLE: Making a cover
song or remixing a song.
13
#2 Right to Derivative Works

14. • The distribution right grants to the copyright holder the exclusive
right to make a work available to the public by sale, rental, lease, or
lending.
• This right allows the copyright holder to prevent the distribution of
unauthorized copies of a work.
• In addition, the right allows the copyright holder to control the first
distribution of a particular authorized copy.
– However, the distribution right is limited by the "first sale doctrine",
which states that after the first sale or distribution of a copy, the
copyright holder can no longer control what happens to that copy.
• Congress has enacted several limitations to the first sale doctrine,
including a prohibition on the rental of software and phonorecords.
• MUSIC INDUSTRY EXAMPLE: Distributing copies of a duplicated CD
via sale, rental, or no monetary exchange.
14
#3 Right to Distribution

15. • Under the public performance right, a copyright holder is
allowed to control when the work is performed "publicly."
• A performance is considered "public" when the work is
performed in a "place open to the public or at a place where a
substantial number of persons outside of a normal circle of a
family and its social acquaintances are gathered."
• A performance is also considered to be public if it is
transmitted to multiple locations, such as through television
and radio.
• MUSIC INDUSTRY EXAMPLE: A band performing a song at a
venue, a singer-songwriter covering a song on Hollywood
Blvd., or songs heard on over-head speakers in coffee shops.
15
#4 Right to Public Performance

16. • The copyright owner holds the exclusive right to publicly display
protected works.
• As defined by the Copyright Act, displaying a work means showing a
copy of the work, directly or via some device or process.
• Such a display is considered public in one of four situations:
1.when it is at a place open to the public;
2. when it is at a place with a group of people larger than a gathering of
family or the normal circle of friends;
3. when it is transmitted to a place open to the public or a group of
people larger than a gather of family or the normal circle of friends; or
4.where it is transmitted to the public (i.e., television and radio
broadcasts).
• For the music industry, public display and public performance is
similar.
• MUSIC INDUSTRY EXAMPLE: Playing a song on the radio.
16
#5 Right to Public Display

17. • The digital public performance right stems
from the Digital Performance in Sound
Recording Act of 1995 (DPRA).
• Gives owners of a sound recording (e.g. a
record label) the exclusive right to perform the
copyrighted work publicly by means of a
digital audio transmissions.
• MUSIC INDUSTRY EXAMPLE: Music performed
on Pandora and iTunes Radio
17
#6 Right to Digital Public Performance

18. 18
Music Copyrights Applied
#1 Reproduction #2 Distribution #3 Derivative Works
#4 Public Performance #5 Public Display #6 Digital Public Performance

19. • Copyright is secured automatically when the
work is created and fixed in a tangible form, such
as the first time it is written or recorded. No
other action is required to secure copyright
protection – neither publication, registration nor
other action in the Copyright Office (although
registration is recommended).
• The term of copyright protection lasts from the
moment of its creation until 70 years after the
author’s death.
19
Copyright Protection & Term

20. • Copyright registration is a legal formality intended to
make a public record of the basic facts of a particular
copyright.
• Copyright registration is not required, however, the
benefits of registration include:
– Public record of the copyrighted work,
– Ability to file a copyright infringement claim in court,
– Prima facie evidence in court of the validity of the
copyright and of the facts stated in the certificate,
– Statutory damages and attorney fees for copyright
infringement,
– Registration with the U.S. Customs Service
20
Copyright Registration

21. • Register online with the eCO Online System at
www.copyright.gov/eco.
• Complete the application:
– Complete Form SR (Sound Recording) to get protection for both the
recorded performance and the underlying musical composition.
– Complete Form PA (Performing Arts) to get protection for only the
musical composition, not the recorded performance.
• Singer-Songwriter: If you have cover songs on your album, you’ll
exclude those under the "Limitation of Claim" section.
• Pay the $35 fee (single work or collection)
• Mail two copies of the CD no later than 3 months after publication
to the Copyright Office.
• Complete details at http://www.copyright.gov/circs/circ01.pdf
21
Copyright Registration Process

22. 22
Two Music Copyrights
C P
Copyright for musical work
“composition”
Copyright for sound recording
“master”
**Digital Public Performance right applies

23. C C P P
Sony Music Entertainment
23
Two Music Copyrights
Diane Warren wrote
“You’ll Never Stand Alone”
and owns the (C) copyright
in the musical work
(“Songwriter”)
Whitney Houston
performed the song on
album “My Love Is Your Love”
but owned no rights
(“Recording Artist”)
Now RCA Records /
The record was recorded
and released by Arista
Records, which
owned the (P) copyright
in the sound recording

24. 24
Two Music Copyrights
C C P P
John Legend wrote
“All of Me” and
owns the(C) copyright in
the musical work
John Legend
performed the song
and owns the (C) copyright
(“Singer-Songwriter”)
GOOD Music /
Columbia Records
The record was released
by GOOD Music, which
owns the (P) copyright
in the sound recording

25. Music Publishing
25

26. “Publication” is the distribution of copies or
phonorecords of a work to the public by sale or
other transfer of ownership, or by rental, lease,
or lending. The offering to distribute copies or
phonorecords to a group of persons for purposes
of further distribution, public performance, or
public display constitutes publication. A public
performance or display of a work does not of
itself constitute publication.
26
Publication by Law

27. • The essential purpose of a music publisher is to administer,
exploit, and collect royalties for its copyright properties.
• Administration entails
– the filing of a notice of copyright with the U.S. Copyright Office,
– the issuing of licenses,
– collecting of royalties, and
– paying writers and co-publishers their share of the proceeds.
• Exploitation involves
– getting artists to record your songs, and
– getting your songs used in films, television, radio and TV
commercials, etc.
• Publishers also police the use of copyrighted works and take
action to prevent or stop infringement
27
The Role of a Music Publisher

28. • Public Performance License
• Mechanical License
• Synchronization License
• Transcription License
• Print Rights
• Foreign Monies
• Administration and Registration of Copyrights
• Song Plugging
• Translations
• Obtaining a Record Deal
28
Publisher Administration

29. • Self-Publishing
– Writer owns 100% of publishing
• Co-Publishing Agreement
– Writer owns 50% of publishing
• Single Song & Exclusive Songwriter Agreement
– Writer owns 0% of publishing
• Administration Agreement
– Writer owns 100% of publishing and publisher gets an
administration fee of 10-25% of income earned.
29
Publishing Agreement Types

30. • A publisher in a foreign
territory who collects
your publishing royalties
and performs some
publisher duties for a
fee.
• Many countries
overseas have
government entities to
collect performance and
mechanical royalties.
30
Foreign Sub-Publishing

31. • Songs must be registered with a performing rights society
to collect performance royalties.
• ASCAP, BMI, and SESAC are the three major societies in the
United States.
• ASCAP and BMI are non-profit and easy to join
• SESAC is for-profit and selective.
• A publisher can join all three societies.
• A writer can join only one society.
• SoundExchange collects digital performance royalties for
the owners of sound recordings.
– 50% paid to the sound recording owner, 45% to the artist, and
5% to the backup musicians and session players (paid to AFM)
31
Performing Rights Societies

32. 32
Publishing Splits: Single Song Agreement &
Exclusive Songwriter Agreement
Publishing
WRITER’S
SHARE
50%
PUBLISHER’S
SHARE
50%

33. Publishing Splits: Co-Publishing Agreement
33
Publishing
WRITER’S
SHARE
50%
PUBLISHER’S
SHARE
25%
WRITER’S
PUBLISHING
SHARE
25%

34. 34
Royalty Collection
License Issued By Royalty Collection Paid To
Public Performance ASCAP, BMI, SESAC ASCAP, BMI, SESAC Publisher and
Writer
Mechanical Harry Fox Agency Harry Fox Agency Publisher
Synchronization &
Transcription
Publisher Publisher Publisher
Print Publisher Publisher Publisher
Foreign Licenses Publisher or Sub-
Publisher
Foreign Public
Performance &
Mechanical Societies
Publisher
Digital Public
Performance
SoundExchange SoundExchange Record Label
(50%), Artist
(45%),
Musicians (5%)

35. Music & The Internet
35

36. • U.S. Copyright Act in general
• Digital Millennium Copyright Act of 1998 (DMCA)
– Criminalizing circumventing digital rights management
that controls access to copyrighted materials
• Online Copyright Infringement Liability Limitation
Act (OCILLA)
– Also known as the “Safe Harbor” provision, limits
liability of Internet service provides and
intermediaries against copyright infringement
36
U.S. Regulations of Music & The Internet

37. • Video Sharing
– YouTube, Vevo, Vimeo
• Internet Radio
– Pandora, Spotify, iTunes Radio, Beats Music, Rdio, Grooveshark,
Rhapsody, Tunein, iHeartRadio, Jango
• Music Websites
– MTV.com, Songza, Yahoo! Music, Myspace, last.fm, AllMusic
• Music Social Media
– SoundCloud, Reverbnation
• Music Lockers
– Amazon Cloud, Google Play Music, iTunes in the Cloud, Style
Jukebox, AudioBox
• Music Blogs
37
Types Of Internet Music Platforms

38. • Performance Income
– All Internet platforms that use music must pay public performance
fees to ASCAP, BMI, and SESAC.
• Sound Recording/Master Use Income
– Interactive (on-demand) services pay a royalty for the licensed use of a
sound recording. (e.g. Beats, Rhapsody, Rdio, Spotify)
• Mechanical Income
– Digital sales earn mechanical income equal to 9.1 cent per track under
5 min. (Amazon, iTunes, Google Play)
– Interactive services pay streaming mechanical fees to a mechanical
agent such as Harry Fox Agency, Music Reports, or SongTrust. (e.g.
Spotify, Rhapsody, YouTube)
• Digital Performance Income
– Non-interactive services must pay digital public performance fees to
SoundExchange. (e.g. Pandora, SiriusXM, NPR Streaming)
38
Publishing Income from Internet

39. • User Generated Content
– User generated content is when users upload videos on YouTube containing a
copyrighted song (e.g. background music, recording of a live performance,
lyric video).
– YouTube Content ID system detects copyrighted works in UGC and matches it
to works registered in the system to create claims against the UGC and serve
advertisements on the content.
– The song must be registered with YouTube Content ID
• Cover Songs
– When someone creates a cover song and uploads a video to YouTube, the
same UGC process applies.
– When the song is released digitally for sale, then mechanical royalties must be
paid for streams and sales.
• YouTube Partner Program
– Channel owners can earn income from ads served in and around videos on
your channel. Music videos can be monetized this way.
39
Additional Income from Internet

40. Self-Publishing Tool Kit
40

41. • Copyright
– eCO Online System
• Publishing Registrations
– Composition: Performing Rights Society (ASCAP/BMI/SESAC)
– Sound Recording: SoundExchange
• Music Tracking
– Nielsen BDS (Broadcast Data Systems) – tracks radio airplay and music
video channels; powers Billboard charts
– Clear Channel’s MediaBase – tracks radio airplay with real people;
powers Radio & Records charts
– TuneSat – Tracks music used on TV and web
• Music Sales Reporting
– Nielsen SoundScan – tracks music and video sales at retail
– RIAA – RIAA certifies sales Gold, Platinum, Multi-Platinum
41
Registrations

42. • Synch Licensors (Marketing/Film/TV)
– Music Dealers
– RumbleFish
– YouLicense
– Pump Audio
• Production Music Libraries (Film/TV)
– Omni Music
– Extreme Music
– APM Music
– FirstCom Music
• Self Licensing
– License Quote
42
Licensing

43. • Synch Licensors (Marketing/Film/TV)
– Music Dealers
– RumbleFish
– YouLicense
– Pump Audio
• Production Music Libraries (Film/TV)
– Omni Music
– Extreme Music
– APM Music
– FirstCom Music
• Self Licensing
– License Quote
43
Licensing

44. 44
Audiam | YouTube Collection

45. 45
SongTrust | Pub Administration

46. 46
That’s all folks!
More music industry insights for the DIY indie artist at
www.DaeBoganMusic.com