1. Music publishers administer songwriting copyrights by finding users of songs, issuing licenses to collect royalty payments, and distributing money to songwriters.
2. Major sources of income for publishers include mechanical royalties paid by record labels for songs used on recordings, as well as performance royalties collected by PROs like ASCAP and BMI.
3. Record labels use controlled composition clauses to limit the mechanical royalty rates paid for songs written by artists in order to reduce costs, though more successful artists can negotiate better terms.
The document discusses natural and inverted sentence order. In natural order, the subject comes before the verb. In inverted order, the verb or part of the verb comes before the subject, as in questions. A sentence also has inverted order when an adverb, helping verb, or prepositional phrase begins the sentence and modifies the verb rather than the subject. The document provides examples of sentences in both natural and inverted order and asks the reader to identify which type several sentences are.
This document provides information about nouns, including definitions and examples. It explains that nouns name people, places, things, and animals. Proper nouns begin with capital letters. Sometimes nouns name a single thing and other times they name multiple things. The document then discusses the different types of nouns, including subject nouns, predicate nouns, direct objects, indirect objects, objects of prepositions, appositives, direct address, and object complements. It concludes with examples of using capital letters for titles when used with people's names.
Damiana L. Eugenio compiled the most comprehensive collection of Philippine proverbs. She categorized proverbs into six groups: 1) expressing attitudes towards life, 2) recommending virtues and vices, 3) expressing a system of values, 4) expressing general truths about life and human nature, 5) being humorous, and 6) being specific to certain areas. Proverbs are brief instructive sayings that suggest actions, behaviors or judgments, written poetically in two-line rhyming structures that can quickly change views or dispositions.
Storytelling has a long history dating back to when it was used to share knowledge before writing. It remains an important public speaking tool. The document discusses the purposes and types of stories, elements of effective storytelling like characterization, and interpreting stories and prose aloud. It provides guidance on developing stories, engaging audiences, and bringing meaning to life for listeners through vocal delivery and expression. Examples of famous storytellers and their tales are also given.
The document discusses subject-verb agreement rules in the English language. It provides examples of how to determine if a singular or plural verb should be used based on the subject, even if words are separated between the subject and verb. Some key rules covered include ignoring connecting words like "as well as", treating "the number" as singular and "a number" as plural, and verbs preceding subjects with "here" or "there".
The document discusses several approaches to teaching reading:
1. The global reading approach assumes reading is best learned through natural text and focuses on memorization of whole words.
2. Examples given are language experience activities, neurological impress activities using books/charts, and shared reading of stories.
3. The phonics approach teaches reading through learning sound-letter correspondences and applying this to build word recognition.
4. Sight words are words that cannot be sounded out and must be memorized through repetition and context.
The document discusses strategies for developing the four macroskills of language learning: receptive skills of listening and reading, and productive skills of speaking and writing. It emphasizes that language learning involves acquiring these skills through meaningful, interactive practice. Students must learn strategies for intake of input and output of the language. Integrating the four skills into lessons is advantageous because it mirrors real-world language use, adds variety, and allows for recycling of language. Lessons should balance skill practice throughout their introduction, practice, and revision stages.
The document discusses natural and inverted sentence order. In natural order, the subject comes before the verb. In inverted order, the verb or part of the verb comes before the subject, as in questions. A sentence also has inverted order when an adverb, helping verb, or prepositional phrase begins the sentence and modifies the verb rather than the subject. The document provides examples of sentences in both natural and inverted order and asks the reader to identify which type several sentences are.
This document provides information about nouns, including definitions and examples. It explains that nouns name people, places, things, and animals. Proper nouns begin with capital letters. Sometimes nouns name a single thing and other times they name multiple things. The document then discusses the different types of nouns, including subject nouns, predicate nouns, direct objects, indirect objects, objects of prepositions, appositives, direct address, and object complements. It concludes with examples of using capital letters for titles when used with people's names.
Damiana L. Eugenio compiled the most comprehensive collection of Philippine proverbs. She categorized proverbs into six groups: 1) expressing attitudes towards life, 2) recommending virtues and vices, 3) expressing a system of values, 4) expressing general truths about life and human nature, 5) being humorous, and 6) being specific to certain areas. Proverbs are brief instructive sayings that suggest actions, behaviors or judgments, written poetically in two-line rhyming structures that can quickly change views or dispositions.
Storytelling has a long history dating back to when it was used to share knowledge before writing. It remains an important public speaking tool. The document discusses the purposes and types of stories, elements of effective storytelling like characterization, and interpreting stories and prose aloud. It provides guidance on developing stories, engaging audiences, and bringing meaning to life for listeners through vocal delivery and expression. Examples of famous storytellers and their tales are also given.
The document discusses subject-verb agreement rules in the English language. It provides examples of how to determine if a singular or plural verb should be used based on the subject, even if words are separated between the subject and verb. Some key rules covered include ignoring connecting words like "as well as", treating "the number" as singular and "a number" as plural, and verbs preceding subjects with "here" or "there".
The document discusses several approaches to teaching reading:
1. The global reading approach assumes reading is best learned through natural text and focuses on memorization of whole words.
2. Examples given are language experience activities, neurological impress activities using books/charts, and shared reading of stories.
3. The phonics approach teaches reading through learning sound-letter correspondences and applying this to build word recognition.
4. Sight words are words that cannot be sounded out and must be memorized through repetition and context.
The document discusses strategies for developing the four macroskills of language learning: receptive skills of listening and reading, and productive skills of speaking and writing. It emphasizes that language learning involves acquiring these skills through meaningful, interactive practice. Students must learn strategies for intake of input and output of the language. Integrating the four skills into lessons is advantageous because it mirrors real-world language use, adds variety, and allows for recycling of language. Lessons should balance skill practice throughout their introduction, practice, and revision stages.
The document distinguishes between colloquial language, familiar language, and slang. Colloquial language refers to everyday speech and presents a moderate tone. Familiar language reflects a close relationship between speakers and allows for personal details. Slang consists of informal words restricted to particular contexts or groups. The document provides examples of colloquial and slang terms in English and Filipino. It also includes a matching exercise pairing English slang terms with their meanings.
This document discusses different approaches to teaching grammar. It proposes a three-dimensional grammar framework that considers the form, meaning, and use of grammatical structures. It also discusses the challenges students face in learning grammar and emphasizes the importance of understanding students' learning processes. Effective grammar teaching involves enabling students to use structures accurately, meaningfully, and appropriately. Both form-focused and communicative approaches are recommended, along with examples of output activities and the role of feedback.
The document discusses hormones and their functions in the human body. It defines hormones as chemical messengers that travel through the bloodstream and affect many processes like growth, metabolism, sexual function and reproduction. It lists several major endocrine glands that produce hormones and describes how hormones work slowly over time to cause changes. The document provides examples of insulin and how too little or too much can impact blood sugar levels and health. It also contains a true/false quiz about hormone facts.
The document summarizes eight approaches to language teaching: Grammar-Translation Method, Direct Method, Audio-Lingual Method, The Silent Way, Suggestopedia, Community Language Learning, Total Physical Response Method, and The Communicative Approach. Each approach is described in 1-2 sentences focusing on its goals, roles of teachers and students, teaching/learning processes, emphasis on language aspects, and views of language and culture.
The document discusses pre-colonial Filipino literature including riddles and sayings. It provides examples of three pre-colonial riddles with answers that describe parts of the body or objects. It also shares several examples of Filipino sayings that offer advice or convey cultural values and wisdom in short phrases. The document encourages forming new riddles in small groups and defines what a riddle and proverb are.
The document outlines 8 key factors to consider when writing instructional materials: 1) Understanding the learners' abilities and prior knowledge, 2) Structuring and clarifying the material, 3) Sequencing concepts from simple to complex, 4) Balancing vertical and horizontal relationships, 5) Explaining concepts through headings, illustrations and exercises, 6) Pacing lessons appropriately, 7) Allowing students to review and link new and old concepts, and 8) Elaborating lessons in a variety of ways to aid student learning. The document was discussed by Roxie Calamaya and prepared by Patrixia Ann Baldonaza from reference material on Prezi.
This document discusses different types of word formation processes: blending, clipping, compounding, borrowing, and acronyms. Blending involves combining two words to form a new term, like "smog." Clipping is shortening words in casual speech, like "fax." Compounding joins words, like "doorknob." Borrowing incorporates words from other languages for necessity or prestige. Acronyms form new words from the initial letters of phrases, pronounced as individual letters or as words.
Here is a 3 line, 4 stanza poem with examples of the requested sound devices:
The Wind's Whispers
The wispy wind whispers through waving willows,
Willow branches brushing in a breezy ballet.
Whistling winds wander the woodland at will now.
Howling gusts gather great force as they flee,
Gusts growling gales grab grasses in green.
Ground groans as gusts grow ever more greedy.
Pattering precipitation plinks on pine planks,
Pitter pattering pine needles pleasantly play.
Plashing pools pull pondering poets' pranks.
Thunder rumbles in the
Language itself is complex with many features that express its characteristics. When speaking to native speakers, their language varies depending on their country, city, or level of education. These differences can be understood through studying language varieties, including dialects, creoles, pidgins, and the standard language. The concept of bilingualism is also explained. Analyzing differences through concept maps helps distinguish between dialects and accents to avoid misunderstandings due to different meanings of words. Standard languages like BBC English are clear and understandable to all English speakers. Studying language varieties is important for language pedagogy courses, especially when analyzing lexicon, as it covers registers, jargon, and appropriate expressions for communication.
The document discusses debates around the function of literature. It notes that some see literature's primary function as moral and useful for teaching, while others view it as an art form meant for enjoyment. The basic debate centers around whether the purpose of reading literature is to teach or entertain, and if reading can be done purely for pleasure or requires learning. Ultimately, understanding a text's function requires reading it through both academic and non-academic lenses. Different perspectives see literature serving educative, entertaining, experiential, cultural, and ideological functions.
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 distinguishes between colloquial language, familiar language, and slang. Colloquial language refers to everyday speech and presents a moderate tone. Familiar language reflects a close relationship between speakers and allows for personal details. Slang consists of informal words restricted to particular contexts or groups. The document provides examples of colloquial and slang terms in English and Filipino. It also includes a matching exercise pairing English slang terms with their meanings.
This document discusses different approaches to teaching grammar. It proposes a three-dimensional grammar framework that considers the form, meaning, and use of grammatical structures. It also discusses the challenges students face in learning grammar and emphasizes the importance of understanding students' learning processes. Effective grammar teaching involves enabling students to use structures accurately, meaningfully, and appropriately. Both form-focused and communicative approaches are recommended, along with examples of output activities and the role of feedback.
The document discusses hormones and their functions in the human body. It defines hormones as chemical messengers that travel through the bloodstream and affect many processes like growth, metabolism, sexual function and reproduction. It lists several major endocrine glands that produce hormones and describes how hormones work slowly over time to cause changes. The document provides examples of insulin and how too little or too much can impact blood sugar levels and health. It also contains a true/false quiz about hormone facts.
The document summarizes eight approaches to language teaching: Grammar-Translation Method, Direct Method, Audio-Lingual Method, The Silent Way, Suggestopedia, Community Language Learning, Total Physical Response Method, and The Communicative Approach. Each approach is described in 1-2 sentences focusing on its goals, roles of teachers and students, teaching/learning processes, emphasis on language aspects, and views of language and culture.
The document discusses pre-colonial Filipino literature including riddles and sayings. It provides examples of three pre-colonial riddles with answers that describe parts of the body or objects. It also shares several examples of Filipino sayings that offer advice or convey cultural values and wisdom in short phrases. The document encourages forming new riddles in small groups and defines what a riddle and proverb are.
The document outlines 8 key factors to consider when writing instructional materials: 1) Understanding the learners' abilities and prior knowledge, 2) Structuring and clarifying the material, 3) Sequencing concepts from simple to complex, 4) Balancing vertical and horizontal relationships, 5) Explaining concepts through headings, illustrations and exercises, 6) Pacing lessons appropriately, 7) Allowing students to review and link new and old concepts, and 8) Elaborating lessons in a variety of ways to aid student learning. The document was discussed by Roxie Calamaya and prepared by Patrixia Ann Baldonaza from reference material on Prezi.
This document discusses different types of word formation processes: blending, clipping, compounding, borrowing, and acronyms. Blending involves combining two words to form a new term, like "smog." Clipping is shortening words in casual speech, like "fax." Compounding joins words, like "doorknob." Borrowing incorporates words from other languages for necessity or prestige. Acronyms form new words from the initial letters of phrases, pronounced as individual letters or as words.
Here is a 3 line, 4 stanza poem with examples of the requested sound devices:
The Wind's Whispers
The wispy wind whispers through waving willows,
Willow branches brushing in a breezy ballet.
Whistling winds wander the woodland at will now.
Howling gusts gather great force as they flee,
Gusts growling gales grab grasses in green.
Ground groans as gusts grow ever more greedy.
Pattering precipitation plinks on pine planks,
Pitter pattering pine needles pleasantly play.
Plashing pools pull pondering poets' pranks.
Thunder rumbles in the
Language itself is complex with many features that express its characteristics. When speaking to native speakers, their language varies depending on their country, city, or level of education. These differences can be understood through studying language varieties, including dialects, creoles, pidgins, and the standard language. The concept of bilingualism is also explained. Analyzing differences through concept maps helps distinguish between dialects and accents to avoid misunderstandings due to different meanings of words. Standard languages like BBC English are clear and understandable to all English speakers. Studying language varieties is important for language pedagogy courses, especially when analyzing lexicon, as it covers registers, jargon, and appropriate expressions for communication.
The document discusses debates around the function of literature. It notes that some see literature's primary function as moral and useful for teaching, while others view it as an art form meant for enjoyment. The basic debate centers around whether the purpose of reading literature is to teach or entertain, and if reading can be done purely for pleasure or requires learning. Ultimately, understanding a text's function requires reading it through both academic and non-academic lenses. Different perspectives see literature serving educative, entertaining, experiential, cultural, and ideological functions.
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.
A publisher handles the business aspects of songwriting by finding users for songs, issuing licenses, collecting money, and paying writers. Traditionally, publishers split income evenly with writers, keeping 50% to cover overhead and profit while writers receive 50%. Major publishers are affiliated with large record companies, while some major writers now self-publish. Legislation aims to update mechanical licensing rates for streaming and address issues around 100% licensing that could impact writers' royalties and control over their works.
Recording artists earn royalties from album sales but not from public performances like radio, while songwriters earn royalties from both. Royalty rates are negotiated but typically range from 10-20% of wholesale album prices. However, recording and marketing costs are deducted from royalties. Most artists do not earn much from royalties unless their albums sell well. There are also alternative royalty models that split net profits between the record label and artist.
This document summarizes various sources of secondary publishing income for songwriters and music publishers, including royalties from printed sheet music and folios, synchronization licenses for use of music in films and television, performance royalties from radio play and digital streaming services, and deals with foreign subpublishers. It provides details on typical royalty rates and fees across these different uses and mediums.
This document summarizes key aspects of songwriter deals and standard contracts. It outlines that songwriters typically sign over ownership of their copyrights to a publisher in exchange for royalty payments. Standard contracts usually specify a 50/50 split of royalties between the publisher and songwriter. The document details various elements that commonly appear in these deals, such as limitations on royalty sources, accounting practices, and delivery requirements for songwriters signed to a publishing term contract.
Music publishers collect money from performances and recordings of songs through organizations like MCPS and PRS, and pay out royalties to songwriters. They also actively work to place songs with major artists, provide advances to songwriters, and help develop artists' careers through advice, co-writing opportunities, and funding for studio time or touring. Additionally, publishers ensure songwriters are paid all money owed by tracking usage and querying payments. While songwriters can manage collections themselves, publishers offer value in verifying complex international payments. Long-term copyright ownership in successful songs that generate income from decades of radio play and compilations can provide songwriters with sustainable careers.
Major record companies sign artists, pay for production and distribution, and are responsible for advertising, promotion and marketing. Independent labels perform similar functions but don't directly distribute, instead negotiating distribution deals. Record labels have various departments that handle tasks like A&R, promotion, marketing, finance, and international operations. The music industry uses terminology around contracts, sales levels, royalties, advances, funds, and more. Demo deals can help artists create professional recordings to shop their music.
The record label industry consists of various roles like label managers, A&R representatives, studio engineers, and producers who are usually employed by labels. Record deals can be development deals where an act receives studio time and a producer, or exclusive recording deals where an act produces a number of albums for the label. Record contracts specify clauses around exclusivity, royalties, deductions, advances, licensing, and termination. Major labels have around 80% of the market share while independents have 20%. Organizations like IFPI, RIAA, and BIEM represent the industry globally.
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.
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 document provides a history of music publishing from the 17th century to modern times. It discusses the roles of music publishers in marketing songwriters' compositions and collecting various royalty streams. The types of publishers are outlined, including major publishers, independent publishers, and specialty publishers. Music publishing contracts and income sources are also summarized.
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.
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.
The music industry consists of record labels that are responsible for producing, distributing, marketing and promoting music albums. The four major record labels are Universal, Sony, Warner, and EMI. Record labels own many smaller subsidiary labels. Record labels employ A&R people who are responsible for finding and developing talent, overseeing the recording process, and assisting with marketing. The typical song production process involves A&R scouting artists, signing contracts, employing producers and musicians to record songs, producing music videos, and globally distributing and marketing the album. Artists, songwriters, producers, and record labels all earn portions of profits from album sales, streaming, publishing, and live performances.
This document provides an overview of music law and business issues from the perspective of Donald R. Simon, an attorney with experience in radio, television, and as a musician. It discusses key concepts like copyright, music publishing, recording agreements, and selecting good representation. Copyright protects both songs and recordings, and generates revenue streams from publishing and record sales. Music publishing involves exploiting song copyrights through licenses. Recording agreements are complex contracts that outline royalty rates and ownership. Artists benefit from representatives to protect their business interests.
This document provides an overview of various job roles within record labels. It describes the responsibilities of CEOs/Presidents who manage the overall direction of the company. It also outlines roles in the legal, accounting, A&R, artist development, marketing, art, publicity, sales, and artist management departments. Each role plays an important part in signing and developing artists, as well as promoting and distributing their music.
The music industry involves record labels that produce, market, and distribute music. They sign artists to contracts and oversee the recording process. Major record labels include Universal, Sony, Warner, and EMI. Record labels have A&R departments that scout new talent, oversee recordings, and assist with promotion. The typical process involves A&R finding an artist, signing a contract, employing producers and musicians to record songs, producing music videos, and marketing and distributing the album globally. Artists, songwriters, and record labels share ownership and royalties from music sales and streams.
The document discusses various aspects of record deals and music economics. It provides details on royalty payments, copyright ownership, and the different types of payments received by songwriters, recording artists, record labels, and music publishers. It also summarizes the key components of major label recording deals, including recording funds, advances, royalties, deductions, and recoupables. Common deal types are outlined, such as demo deals, distribution deals, and production deals. The economics of major label deals and do-it-yourself label deals are compared.
This document provides an overview of music publishing and how CD Baby Pro collects publishing royalties on behalf of songwriters. It discusses what publishing royalties are, how they are collected from various revenue streams, and the terms of CD Baby Pro's publishing administration agreement. Key details include that CD Baby Pro keeps 15% of royalties collected and distributes the remaining 85% to songwriters, and that it can take 6-12 months from the time music is performed until songwriters receive their first royalty payments.
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 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
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 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.
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.
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.
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.
A Visual Guide to 1 Samuel | A Tale of Two HeartsSteve Thomason
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𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
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Level 3 NCEA - NZ: A Nation In the Making 1872 - 1900 SML.pptHenry Hollis
The History of NZ 1870-1900.
Making of a Nation.
From the NZ Wars to Liberals,
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2. What does a publisher
do?
• Takes care of the business of songwriting
• Publisher finds users, issues licenses, collects the
money, and pays the writer.
• These are administration rights
• Standard publishing deal: writer assigns the
copyright of the songs to the publisher; publisher
administers the songs.
3. Administration
• Traditionally, publishers split the income 50/50
with writer (except sheet music and performance
royalties).
• Publisher’s Share : 50% for overhead and profit
• Writer’s Share: 50%
• FYI - writers often get a “draw” – an advance on
royalties from the publisher. It’s like a monthly
paycheck so the writer can devote more time to
writing rather than some other job. It is recouped
just like an artist advance.
6. History of Publishing
• Publishers up until the ‘40s were the most powerful
people in the music industry. Heard of “Tin Pan
Alley”?
• Most singers didn’t write songs and were at the
mercy of publishers to get the good songs.
• Publishers’ power made it nearly impossible for
songwriters to exploit their works without a major
publisher behind them.
7. Publishers Role Today
• Publishers are still big players, but their role has
changed
• Creative publishers are actively involved in putting
their writers with other writers, develop their writer’s
skills, put writer’s with artists
• Can use their clout to get their writers record deals
• Some publishers are more like banks – they look at
how much money a particular “catalog” (collection of
songs) can make them, pay a portion of it to get the
rights. Not much into writer development.
8. Publishing Today
• Not as many major writers under contract
today.
• Many major songwriters keep their own
publishing and administer their works
themselves
• A major writer can get to an artist or producer
as easily as a publisher can.
• Many artists are writing their own songs so
there’s less need for a publisher to get songs
to them
9. Publishing Company Staff
• Administrator – registers copyrights, issues
licenses, collects money, pays writers and co-
publishers, etc.
• Song Plugger – “pitches” songs; runs around and
gets them cut by artists.
• Creative Director – signs writers, works with
writers, sets up co-writes, etc.
• At a small company, these can be the same
person.
10. Major Publishers
• Major companies affiliated with record companies:
• Warner/Chappell
• Universal
• Sony/ATV
• Major Affiliates – independent publishers whose
administration is handled by a major.
• Stand-Alones: not affiliated with a major and
handles its own administration.
11. Self-Publishing
• Writer-Publishers – writers keep their own
publishing. Typically hire someone to handle the
administration.
• Can be very good situation if the writer is
successful enough to get artists to cut their stuff,
or an artist/writer who writes for their own records
almost exclusively.
• Publishing share can be used as a bargaining
chip to get an artist to cut the song or to get a
paying publishing deal.
12. Sources of Publishing
Income
• Mechanical Royalties– monies paid by record
companies for the right to use a song on records.
• Publisher issues a license to the record
company that says for every record made and
distributed and each digital download, the
record company will pay a royalty on the order
of a specified number of pennies.
• Often tied to statutory rate at the time of license;
won’t go up even if stat rate goes up.
13. Sources of Publishing
Income
• Reduced Rates – a “rate” is a reduced
percentage of the statutory rate.
• Record companies ask for 75% rate (75% of
statutory rate) for midprice records and
compilation packages
• 50% - 66.66% for budget records
• Artists ask for a rate if under control composition
restrictions.
14. Sources of Publishing
Income
• Harry Fox Agency – issues mechanical licenses for
publishers; largest in U.S.
• CMRRA – Canadian counterpart to Harry Fox Agency
• These act as publisher’s agent for mechanicals.
They issue mechanical licenses, police them, and
report to the publisher
• Harry Fox charges 8.5% of gross monies collected
for the license.
• CMAA charges 6%
15. Publishing Accounting
• Publishers get paid quarterly; usually 60-90 days
after the end of the calendar quarter.
• 60 to 90 days after each March 31st, June 30th,
September 30th, and December 31st.
16. Reserves
• Record companies take much larger reserves in
reporting mechanical royalties to publishers than
to artists for record royalties.
• Publishers reserves run 50% to 75% of the amount
earned. Why? Returns!
• If label over ships, and therefore overpays a
publisher, the only way to recover the money is out
of future royalties for that specific composition.
• Can’t just recover money from same publisher
because there can be different writers involved.
17. Controlled Composition Clauses
• A controlled composition is a song that’s written,
owned, or controlled by the artist – in whole or in
part.
• It means any song that the artist has an income or
other interest.
• Even if the artist doesn’t own or control the song, if
they make money from the song it’s a controlled
composition.
• Can apply to songs that producer owns or
controls, too.
18. Controlled Composition Clauses
• A controlled composition clause puts a limit
on the amount of money that the record
company has to pay for each controlled
composition.
• Since record companies don’t recoup any
costs out of mechanical royalties, it’s money
going out before they break even. They want to
pay as little as possible.
• Artists should fight for mechanicals because
it’s the only money they’ll see for awhile.
19. Controlled Composition Clauses
• Artist only gets artist royalties after they’re
recouped; if it doesn’t sell well, that may never
happen.
• Touring, especially early-on, can be a money-
losing game. (remember tour support?)
• Mechanical royalties are a very substantial
part of the record deal. Label wants to limit
them, artists want to maximize them.
20. Two Ways to Limit Mechanicals
• Rate per song – record companies pay 75% of
the statutory rate on controlled compositions
for most artists.
• *Actually, the label “requires” the artist to license
the controlled composition for 75% of the statutory
rate.
• Rate per album – typically 10 times the single
song rate for each album.
21. Max Rate Per Song
• Percentage of Statutory – record companies
pay standard 75% of the statutory rate on
controlled compositions for most artists.
• New artists can’t do anything, mid-level and
superstars can get a little better rate or an
escalation on later albums.
• Minimum Statutory Rate – all songs on the
album treated as if 5 minutes or less regardless
of actual duration.
22. Max Rate Per Song
• Changes in Statutory Rate – controlled comp
clauses are set a rate that doesn’t go up.
• Typically lock in statutory rate on either:
• The date the album was recorded.
• The date the album was delivered.
• The date of first release of the master.
• Free Goods, Real and Imagined:
• Record companies only pay mechanicals on 85%
of sales because of free goods.
23. Max Rate Per Song
• Multiple Uses – controlled comp clauses say that
even if a song appears more than once on an
album, they will only pay for one.
• Reduced Rates – label typically asks for reduced
rates (of already reduced to 75% rate) on:
• record clubs – 50%; means 50% of 75% = 37.5%
• budget – 50%
• T.V. advertised packages – 50%
24. Max Rate Per Song
• Public Domain Arrangements – record
company doesn’t want to pay mechanicals for
public domain songs.
• Compromise can be 50% of mechanical rate if
ASCAP/BMI pay 50% performance royalties for
that song.
25. Max Rate Per Song
• Noncontrolled Songs - rate limits can be
applied to all songs on the record – not just
controlled compositions!
• “Outside songs” – songs that the artist didn’t
write; therefore not controlled compositions.
Artist must get publisher to go for the reduced
rate; many times this is impossible.
• Record company takes excess mechanical
royalties due outside writer/publishers out of
their mechanical rates. How?
26. Effects on Outside Songs
4 Outside Songs on an 8 song album looks like this:
If not enough controlled comp songs to cover it, difference comes
from artist’s record royalties
27. 10 Song Limit
• If artist is limited to 10 times 75% of the
statutory rate, to pay outside publishers the
full statutory rate:
• Artist has to take a reduced rate on their own
songs or
• Put less than 10 songs on the album
• Ex- 5 outside songs and 5 controlled comps.
Remember max per album rate applies to all
songs on the record; not just controlled
comps
28. 10 Song Limit
So artist doesn’t get 75% of stat(6.82¢), but only 4.55¢ (22.75/5
songs)
29. No Penalty for Limited Number of
Outside Songs
• Allowed to pay statutory rate for outside songs,
and exceed the max amount in order to pay full
rate to outsiders.
• Usually limited to one or two songs per album
Company will pay excess for two outsiders and not take it out of artist.
30. Outside Songs
• No Penalty for Any Outside Songs – with
enough clout, artist can get a clause that allows
an overall limit of 10 songs at full statutory rate,
even though controlled comps are still at 75%.
31. Controlled Comp Clauses
• Ultimate is to only limit to 10, 11, or 12 times
statutory. Still minimum statutory rate, though.
• Multiple Albums – double albums don’t pay double
the allowance on controlled comps. Can get the
ten-times limit raised but it won’t be to twenty.
• Typically, companies only increase the mechanical
royalties in proportion that the wholesale price
increases over that of a single disc album.
• Box set mechanicals are negotiated beforehand.
32. Controlled Comps and
Videos
• Promotional usage – record company should get a
free promotional video license. It’s being used to
promote the artist’s records.
• Commercial Usage – for home videos,
independent publishers not subject to controlled
comp typically get 8 to 15¢ per song.
• Hard for Artists to get anything for home video
use.
33. DPDs
• In 1995, Congress added a provision for digital
downloads
• For any record contract made after June 22, 1995, the
mechanical royalty rate can’t be reduced for digital
downloads.
• So, controlled composition clauses don’t apply for
digital downloads – artist/writer gets full mechanical
rate for DPDs!
• Controlled comp clauses becoming less important as
digital downloads become the norm.
34. 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. (SESAC only 1%)
35. 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)
36. 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
37. 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
38. How Do Societies Keep Track?
• Upside – digital providers have lots of very
accurate data on what’s played, how often, and to
how many people.
• Downside – huge amounts of data overwhelm the
societies’ ability to go through the data and sort it
out.
Digital
39. 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
40. How Do Societies Keep Track?
Muzak – aka “elevator music”
Stuff that plays in waiting rooms, grocery stores, etc.
Logged separately.
Muzak
41. 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
42. Which Society is Best?
• Cross-registered songs can show the
difference in pay rates between the societies.
• ASCAP usually pays a little better, but both will
match the other on a specific song situation
where an ASCAP writer makes more on the
same song than a BMI writer, and vice versa.
• SESAC is a very small player
• FYI - I’m an ASCAP writer and publisher
Editor's Notes
Martin Bandier, chief executive of the music publisher Sony/ATV