This document provides an overview of copyright law as it relates to music. It discusses that copyright protects the expression of ideas in original works of authorship, including both musical compositions and sound recordings. The rights granted to copyright owners of compositions and recordings are described. It also summarizes key concepts in copyright law like the idea/expression dichotomy, fair use, and infringement claims. Common music licensing scenarios are briefly outlined. The document is intended to help content creators understand the complex legal issues surrounding the use of music.
Final Paper written on the history of the copyright code from the perspective of past, present, and future predictions for my MUS343 course that Dr. Anthony Merlino instructed.
The trouble with tunes – Approaches to using music in podcastsgfiremark
Presented at Podcast Movement 2019
by Gordon P. Firemark, Esq. – The Podcast Lawyer
Using music in podcasts is a challenging, 4-stop shopping process of licensing that has long deterred podcasters from incorporating quality musical tracks. This presentation explains why, and calls for a streamlined approach.
Music Publishing & Copyright Administration In The Internet AgeDae Bogan
The following presentation is from my lecture, "Music Publishing & Copyright Administration In The Internet Age" at the Independent Music Conference on October 25th, 2014 at SAE Institute in Los Angeles.
Conference Description: This workshop will cover basic music publishing and copyright administration from the perspective of a DIY independent artist. You will learn about self-publishing in the Internet age and takeaway resources for music placement, music licensing, and royalty collection around the world. Attendees should leave with an understanding of synchronization rights, mechanical rights, and performance rights in the United States.
Final Paper written on the history of the copyright code from the perspective of past, present, and future predictions for my MUS343 course that Dr. Anthony Merlino instructed.
The trouble with tunes – Approaches to using music in podcastsgfiremark
Presented at Podcast Movement 2019
by Gordon P. Firemark, Esq. – The Podcast Lawyer
Using music in podcasts is a challenging, 4-stop shopping process of licensing that has long deterred podcasters from incorporating quality musical tracks. This presentation explains why, and calls for a streamlined approach.
Music Publishing & Copyright Administration In The Internet AgeDae Bogan
The following presentation is from my lecture, "Music Publishing & Copyright Administration In The Internet Age" at the Independent Music Conference on October 25th, 2014 at SAE Institute in Los Angeles.
Conference Description: This workshop will cover basic music publishing and copyright administration from the perspective of a DIY independent artist. You will learn about self-publishing in the Internet age and takeaway resources for music placement, music licensing, and royalty collection around the world. Attendees should leave with an understanding of synchronization rights, mechanical rights, and performance rights in the United States.
ALLVOICES: Music Industry and Piracy Law – Black Hawk Mineslancethinly
The music industry has given a judicious endorsement to European Union moves intended at limiting Internet piracy.
The copyright directive was "a workable proposal", said the industry's umbrella group, the International Federation of Phonographic Industries.
IFPI, representing around 1400 major and independent record companies worldwide, said the newly-adopted UK legislation, requiring measures from ISPs to curb piracy on their networks, sets a powerful example to other countries.
IFPI chairman John Kennedy said: "The passing of the Digital Economy Act in the UK recognizes that if a country is to have world-class creative industries, then it also needs laws that will effectively protect their rights from the crippling problem of digital piracy.
"The new UK legislation is a decisive step towards dealing with P2P and other forms of illegal distribution in a way that can substantially reduce the problem. Most importantly, it recognizes that effectively addressing piracy needs active cooperation from internet service providers, in helping curb infringements on their networks.
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.
How to Become a Thought Leader in Your NicheLeslie Samuel
Are bloggers thought leaders? Here are some tips on how you can become one. Provide great value, put awesome content out there on a regular basis, and help others.
Librarians as Archivists and Defenders of IP Rights was originally presented to the World Affairs Council of New Hampshire delegation of librarians and archivists from the Carribean. It was provided to NHCUC library directors by Jon Cavicchi in September 2016
Best practices to avoid plagiarism and copyright infringement.
About Klemchuk:
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the copyright firm and its copyright attorneys may be found at www.klemchuk.com.
Most of the existing literature on copyright infringement is concerned with the valuation of intellectual property rather than the apportionment of the value that is directly attributable to the intellectual property asset at issue. Furthermore, few of the currently proposed IP valuation methods and little of the literature addressing the determination of damages appears directly applicable to the case of copyright in the context of artistic productions. Within the creative arts, recorded music offers a particularly complex and interesting case within which to explore this issue, as different portions of the relevant copyright to the recorded song may be held by different persons. The apportionment of potential damages therefore requires two steps or determinations. The first takes place in what we might refer to as the work’s legal or intellectual property context: how current copyright law divvies up the copyright to that work and which part or parts of the copyright are relevant to charges of infringement. The second takes place within the work’s economic or non–intellectual property context: how various factors contribute to that work’s financial value.
Rough trade a longitudinal study of a social enterpriseTim Curtis
Curtis, T (2012) It's a Rough Trade: a longitudinal study of changing enterprise ethics. 4th International Social Innovation Research Conference (ISIRC). 12-14 September 2012. Third Sector Research Centre, University of Birmingham
Understanding Strategy, Copy and Design
Creative is the vehicle that delivers a product's message. Jordan Atlas, SVP & Creative Director at Edelman PR, will show us how important it is to create breakthrough work.
Delivering Micro-Credentials in Technical and Vocational Education and TrainingAG2 Design
Explore how micro-credentials are transforming Technical and Vocational Education and Training (TVET) with this comprehensive slide deck. Discover what micro-credentials are, their importance in TVET, the advantages they offer, and the insights from industry experts. Additionally, learn about the top software applications available for creating and managing micro-credentials. This presentation also includes valuable resources and a discussion on the future of these specialised certifications.
For more detailed information on delivering micro-credentials in TVET, visit this https://tvettrainer.com/delivering-micro-credentials-in-tvet/
MATATAG CURRICULUM: ASSESSING THE READINESS OF ELEM. PUBLIC SCHOOL TEACHERS I...NelTorrente
In this research, it concludes that while the readiness of teachers in Caloocan City to implement the MATATAG Curriculum is generally positive, targeted efforts in professional development, resource distribution, support networks, and comprehensive preparation can address the existing gaps and ensure successful curriculum implementation.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Thinking of getting a dog? Be aware that breeds like Pit Bulls, Rottweilers, and German Shepherds can be loyal and dangerous. Proper training and socialization are crucial to preventing aggressive behaviors. Ensure safety by understanding their needs and always supervising interactions. Stay safe, and enjoy your furry friends!
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.
Normal Labour/ Stages of Labour/ Mechanism of LabourWasim Ak
Normal labor is also termed spontaneous labor, defined as the natural physiological process through which the fetus, placenta, and membranes are expelled from the uterus through the birth canal at term (37 to 42 weeks
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
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.
4. 4
• U.S. copyright law is set out in the Copyright Act of
1976
• Protects “original works of authorship”
• The work is protected as soon as “fixed in any
tangible medium of expression”
• Unless a work is reduced to tangible form it cannot be
regarded as a “writing” within the meaning of The
United States Constitution authorizing federal
copyright legislation (Article I, Section 8, Clause 8)
• Limited duration – the general rule: Author’s Life + 70
years
BASICS
4
7. 7
Idea v. Expression
• Cookbook “Sneaky Chef” (by Melissa Lapine) v. “Deceptively
Delicious” (by Jessica Seinfeld)
• Ideas – not protectable
- Cookbook with recipes to help get their kids to eat
vegetables
- Hide vegetables from your kids by mixing them in with foods
they like (e.g., chicken nuggets that use broccoli puree in
the recipe)
• Tangible Expression - protectable
- The actual recipes
- Pictures
- Written descriptions of foods 7
8. 8
Idea v. Expression
• Lapine accused Seinfeld of copyright infringement
• Court found for Seinfeld, stating that “Stockpiling
vegetable purees for covert use in children's food
is an idea that cannot be copyrighted“
• The similar elements of the two cookbooks were
unprotectable because they naturally flowed from
the general premise
• This is akin to Scène à faire (the “scene that must be done” – the
idea that certain characters, places, story elements, actions, etc.
are typical to a particular style or genre and, as such, are not
capable of copyright protection. E.g., a horror movie with zombies
as the main antagonist and all of the elements you would expect to
see in that movie (flesh eating, slow walking, groaning, blood
spewing, etc.
8
9. 9
Pitching an Idea
• What if I tell a client my ideas during a pitch?
• What rights do I have to protect those ideas?
9
10. 10
Idea Submission Claims
• You can’t stop someone from using a mere idea under
copyright – alternate legal theories must be relied on
• Property-based Theories (e.g., plagiarism,
misappropriation)
• Contract Law Theories (e.g., breach of express contract,
breach of implied-in-fact contract)
• Miscellaneous Tort Theories (e.g., breach of confidence,
unfair competition)
• You can stop someone from using your idea if you have
copyright protection
• Your idea must be “an original work of authorship, fixed in a
tangible medium of expression”
10
11. 11
• Original Expression (protected work)
• Access by the alleged infringer
• Substantial Similarity of the works
Proving Copyright Infringement - Essential Elements
11
12. 12
Affirmative Defenses to Infringement
• Fair Use (factors: purpose and character of your use
[transformative?]; the nature of the copyrighted work; the amount and
substantiality of the portion taken, and the effect of the use upon the
potential market)
• Parody/Satire (a Fair Use defense)
• Difference between “parody” and “satire”? – imitation for comic
effect vs. arousing reader disapproval by holding subject (a vice or
faulty belief) up to ridicule
• Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994) (“Pretty
Woman” Case) – Defendant’s prevailed in an unauthorized
sampling case on a theory that the 2 Live Crew song was a parody
of the original Roy Orbison song
• Independent Creation
• Laches (but this has recently been called into question by Petrella v.
Metro-Goldwyn-Mayer, the “Raging Bull” case (134 S.Ct. 1962 (2014)) 12
13. 13
Fair Use - Patrick Cariou v. Richard Prince
13
“Yes Rasta” (Cariou) “Graduation” (Prince)
14. 14
Patrick Cariou v. Richard Prince
• Prince appropriated images from Cariou’s photography book titled Yes
Rasta “for a series of dystopian works called ‘Canal Zone,’ which were
exhibited at the Gagosian Gallery in 2008 and generated more than $10
million in sales.” (NY Times)
• Cariou sued Prince for copyright infringement – Prince claimed his use of
Cariou’s images was a fair use and thus allowed under copyright law
• The trial court found in favor of Cariou, holding that for fair use to apply the
new work must “in some way comment on, relate to the historical context of,
or critically refer back to the original work”
• Prince appealed and prevailed with the appeals court finding that “the law
does not require that a secondary use comment on the original artist or
work, or popular culture,” but only that a reasonable observer find the work
to be transformative – however, there is still some question as to whether
some of Prince’s works in the series will be deemed a fair use
14
15. 15
Fair Use - North Jersey Media Group v. Fox News
15
16. 16
North Jersey Media Group v. Fox News
• North Jersey Media Group publishes the NJ-based newspapers The Record and
Herald News and is the copyright owner of the 9/11 photo, which was taken by one
of NJMG’s staff photographers (work-made-for-hire!)
• Fox used the 9/11 photo, juxtaposed against the iconic Raising the Flag on Iwo Jima
photograph, on a Facebook page in connection with its promotion of its Justice with
Judge Jeanine program (Fox also included a hashtag across the combined image -
#neverforget)
• North Jersey sued Fox for copyright infringement, to which Fox asserted a fair use
defense and moved for summary judgment
• The trial court denied the motion, finding that Fox’s use of a low-res version of the
9/11 photo next to the Iwo Jima photo along with the hashtag was not sufficiently
transformative as a matter of law and that there was not apparent commentary on
the events (they were using the photo to promote one of its programs)
• North Jersey also asserted that allowing a defense of fair use in this case would
have a detrimental effect on the market for the licensing of photographs (North
Jersey has earned more than $1,000,000 in licensing revenue from the 9/11 photo)
16
17. 17
Catcher in the Rye v. 60 Years Later: Through the Rye
• Swedish author writes a book based on character Holden Caulfield from “Catcher in
the Rye” and includes phrase “Through the Rye” in title (premise: “Mr. C” (Holden
Caulfield) is now an old man and goes to me JD Salinger in person)
• Salinger sued for copyright infringement claiming the new book was a derivative
work of his original protected work
• Author’s lawyers argued, among other things, that the new work, titled “60 Years
Later: Coming Through the Rye,” did not violate copyright because it amounted to a
critical parody that had the effect of transforming the original work
• Salinger prevailed at trial; defendant’s appeal successful in 2nd Circuit
• Parties eventually settled
17
20. 20
Music is an integral part, and often the
centerpiece, of many forms of entertainment
content, including advertisements, motion
pictures, TV programs and videogames.
As a content creator, it is imperative to
understand the music rights landscape.
20
21. 21
Music Rights Primer
• The music rights landscape is … not always easy to navigate
• There are multiple rights involved and many rights holders
• Industry custom and practice play a big part in how deals are
done and the terms that one should expect
• Let’s break it down…
21
22. 22
Copyright Protection for Music
• Copyright protection for music is found in two
ways:
1. Musical Work: This is the “song” and is
generally referred to as the “musical
composition”
• It’s the notes, lyrics and melody that make up the
song
2. Sound Recording: This is the recorded version
of a song
• When the public buys a CD or downloads an album
from their favorite band, that CD or album is really a
collection of individual sound recordings (or copies of
such recordings)
22
23. 23
Recording vs. Composition
23
Song Sound Recording by Musical Composition by
Manic Monday The Bangles Prince
Blame It On The Rain Milli Vanilli (or so they said) Diane Warren
R.E.S.P.E.C.T. Aretha Franklin
(Otis Redding)
Otis Redding
Single Ladies Beyoncé Beyoncé Knowles, Thaddis Harrell,
Terrius Nash, Christopher Stewart
24. 24
Exclusive Rights (U.S. Copyright Act)
• In a Composition:
1. Reproduce
2. Distribute copies
3. Publicly perform
4. Publicly display
5. Prepare derivative
works
24
• In a Sound Recording
(fixed after 02/15/72):
• Reproduce
(in phonorecords)
• Distribute copies
• Publicly perform
(digital only)
• Prepare derivative
works
25. 25
Music Rights
• Commissioning a new piece of music
- Work-Made-for-Hire Agreement – the party that hires the
songwriter or the performer is the “author” and therefore
owner of the work for purposes of copyright
- Can always commission a cover recoding of a popular
musical composition, but beware of soundalikes
• Acquiring ownership of an existing piece of music
- Assignment from original author or current rights holder
(e.g., a producer, the songwriter’s estate or a record label)
25
26. 26
Music Licensing - Preliminary Considerations
• A party that wishes to use a piece of exiting music must
determine:
The rights necessary for the intended use
Whether a license is needed
If so, the type of license and scope of rights needed
Who controls the necessary rights
26
29. 29
Requesting a License
Music licenses generally boil down to the following types and
cover most of the exclusive rights in a music copyright:
1. Synchronization/Master Use: a license to “synch” music
with visual images (e.g., a TV program, video game,
online mobile app).
• A license is needed for each of the musical composition and sound
recording and the rights granted in such licenses usually include a
combination of reproduction, distribution, performance and
derivation rights.
2. Public Performance: a license to perform or transmit to
the public.
3. Mechanical: a license to reproduce and make copies of
a musical composition in phonorecords (physical and
digital).
29
30. 30
Synch and Master Use Licenses
• Grants to the licensee the right to “synchronize” a
musical composition (a “synch license”) or sound
recording (a “master use license”) with visual
images - e.g., films, television programs, video
games, online/mobile apps, commercials, music
videos, etc.
• Synch license – obtained from the publisher(s) of
the composition (there can be one or multiple
publishers of a single composition)
• Master Use license – generally obtained from a
record label (usually just one owner of a particular
sound recording)
30
31. 31
Synch and Master Use Licenses (continued)
• Scope: Both the synch and master use license will include a
grant of rights allowing the licensee (producer of the
audiovisual work) to synchronize the composition/master in the
audiovisual work and then exploit that audiovisual work in
certain media, certain territories and for a certain period of
time.
• Considerations for Licensee:
Fees are based on various factors (e.g. popularity of
song, territory, term, type of A/V work).
As the licensee, it is imperative to make sure you obtain
all of the rights you need from the licensor to exploit the
work you are creating and to obtain, if possible,
representations and warranties that the licensor has the
ability to grant the rights included in the license…but,
A synch or master use license will rarely grant public
performance rights.
31
32. 32
Public Performance Rights
Grants to the licensee the right to perform a work “publicly” or to transmit
or communicate a performance of the work “publicly” by any device or
process.
• Musical Compositions: Includes exclusive right to publicly perform
• Sound Recordings: No general performance right; certain digital
audio performances only
Licensor:
• Musical Compositions: industry custom has been that this right is
administered by “Performing Rights Societies” or “PROs”
• Sound Recordings:
• SoundExchange – administers and collects royalties for non-interactive
streaming services (e.g. Pandora) exercising their statutory rights.
• All other digital audio transmissions – the owner of the sound recording
retains and controls this right and licenses directly, including to interactive
streaming services (e.g. Spotify).
32
33. 33
Public Performance Rights through PROs
• Public performance rights are mainly licensed by Performing
Rights Organizations (“PROs”)
• PROs license “small performance” rights, set rates and collect
royalties – e.g., jukeboxes, TV, internet, stadiums, arenas and
other places where music is publicly performed
• Licensing is generally through “blanket licenses” covering the
entire repertoire of a particular PRO with the entity that
disseminates the content – e.g., TV stations, music streaming
services, websites, radio stations, bars, stadiums, etc.
• In Europe, PROs may also license mechanical and other
Europe-specific reproduction rights depending on the territory
and the PRO
• Many PROs have reciprocity agreements that allow them to
license the works of foreign writers/publishers
33
34. 34
PROs
• Currently, there are three main Performing Rights
Organizations (PROs) in the U.S.:
ASCAP (American Society of Composers, Authors and
Publishers)
BMI (Broadcast Music, Inc.)
SESAC (Society of European Stage Authors and
Composers)
o NOTE: Global Music Rights – newly created entity set
up to administer public performance rights
• Many PROs throughout Europe and other territories of the
world: PRS, PRS UK, GEMA, CELAS, ARESA, STIM,
Kobalt (kstar), KODA, NCB, CSI, CMRRA, SODRAC,
SOCAN, TOMO, SACEM, ZAiKS, AKM, SUISA, MESAM,
MSG, COMPASS, SAMRO, PAECOL 34
35. 35
Public Performance: Download v. Streaming
• Download: NOT a performance
• Downloads are transmitted at one point in time and
performed at another.
• Streaming: IS a performance
• Because, in a streaming transmission, like a television or
radio broadcast, the song is played — and, thus, perceived
— simultaneously with the transmission
• See United States v. Am. Soc’y of Composers, Authors, and
Publishers, 627 F.3d 64 (2d Cir. 2010)
35
36. 36
Mechanical License
• Grants the right to reproduce and distribute to the public a
copyrighted musical composition on phonorecords and
digital phonorecord deliveries (DPDs) – does not apply to
audiovisual works
o Phonorecord: includes audiotapes and CDs, but
excludes physical formats for audiovisual works (e.g.
DVDs)
o DPD: Each individual delivery of a phonorecord by
digital transmission of a sound recording, sufficiently
permanent or stable (includes permanent and tethered
or conditional downloads).
36
37. Mechanical License (continued)
37
There are two types of mechanical licenses -
1. Negotiated: The terms are freely negotiated by the licensor and
licensee – the terms usually fall in line with the statutory rates but are
sometimes less.
2. Compulsory Statutory License:
a. Only available once phonorecords of a nondramatic musical work
have been distributed to the public in the United States under the
authority of the copyright owner (Section 115 of the Copyright Act.
b. Subject to certain notice and accounting requirements; rates are
set by the Copyright Royalty Board (CRB) and are based on
playing time (currently $.091 for songs of 5 minutes or less in
duration).
c. No compulsory license exists for audiovisual works.
38. 38
Union Considerations When Using Music
• Unions: SAG-AFTRA and AFM
• Historically not nearly as strong as the actor’s unions (or any
other of the entertainment industry unions), but merger of SAG
and AFTRA may lead to better enforcement and collection
• Key issues:
- Session Fees (for initial recording of song)
- New Use Fees (for use other than what song was initially
created for)
- Re-Use Fees (if initial use was limited by agreement)
- “Conversion” if an existing song originally recorded for a
sound recording (audio record) is then used for another
purpose, e.g., in a TV spot 38