Term
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Definition
| Property comprised of a set of privileges to the creators of artistic works |
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Term
| What 3 exclusive rights does a copyright give you? |
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Definition
o who does it first
o what unusual uses are ok
o give compulsory license (same lyrics/chords) |
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Term
| Pre-requisites to get copyright |
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Definition
o original to author
o fixed – made permanent in some way (on mp3, CD, vinyl) |
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Term
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Definition
| • Take fixed version and lead sheet to library of Congress, who file song (2 version) |
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Term
| What is the problem with sending multiple songs under one heading to library of congress |
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Definition
| must be able to remember heading or lose reference to song |
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Term
| what does Public Domain mean |
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Definition
copyright has lapsed
public owns copyright |
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Term
| How long does it take a copyright to become public domain |
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Definition
| 70 years after life of author |
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Term
| 3 ways to check a copyright |
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Definition
1. Pay a lawyer
2. Call performance society
3. search internet |
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
| Songwriter vs recording artists |
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Definition
| Songwriter gets all rights |
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Term
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Definition
| Assume 50-50 is no writing |
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Term
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Definition
| No longer NEED to include but good idea to |
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Term
| Most important part of copyright |
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Definition
| right to dictate who does the song first |
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Term
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Definition
must be writing
must be in scope of employment |
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Term
| 3 people who can own a copyright |
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Definition
songwriter
publisher
transferee |
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Term
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Definition
accounting every 30 days
10 cent statutory rate
no price drops |
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Term
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Definition
accounting quarterly
7.5 cent statutory rate
price drops |
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Term
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Definition
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Term
| statute of limitation for songs |
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Definition
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Term
| penalty for copyright infringment |
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Definition
label pulls record
court order to pull song from record
intent to infringe - monetary damages |
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Term
| 2 Step Threshold in Establishing Infringment |
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Definition
Reasonable Access - reasonable possibility heard line before writing song
Sustainable Similarity - not identical but more than a little alike |
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Term
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Definition
| allows religious and educational exceptions |
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Term
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Definition
| distribution of physical product |
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Term
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Definition
| how relevant/useful the infringement was |
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Term
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Definition
| using short pieces of music in a long piece of music |
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Term
| What should you do if planning to use a sample |
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Definition
check with artist, label, and publishing company
bring a demo before cutting the record |
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Term
| Elements of Contract law regarding infringement |
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Definition
Warranty Clause
Indemnity Clause
Satisfactory Master Clause |
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Term
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Definition
| Warrant that product will serve its purpose |
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Term
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Definition
| Makes one party step into shoes of other |
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Term
| Satisfactory Master Clause |
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Definition
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Term
| How much time is considered major use when sampling |
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Definition
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