Term
| When is copyright protection considered secured? |
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Definition
| Copyright protects “original works of authorship” that are fixed in a tangible form of expression. |
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Term
| What are the five exclusive rights of the owner? |
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Definition
| R-P-3D = Reproduce, Perform, Derive, Distribute, Display |
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Term
| What website should you use to register a copyright? |
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Definition
| www.loc.gov → www.copyright.gov |
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Term
| What are the benefits of registering ones copyright? |
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Definition
| •Establishes a public record •If made before or within (5) years of publication, registration will establish prima facie evidence in court. •If made within (3) months after publication of the work prior to infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner. •Allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies. |
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Term
| How many copyrights exist in a recording? |
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Definition
(2) SR (Sound Recording) and PA (Performing Arts Works)
Currently there is one form to complete for copyright registration and that is the Form eCO. |
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Term
| Which copyright registrations do you search when trying to license music? |
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Definition
| (2) SR (Sound Recording) and PA (Performing Arts Works) |
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Term
| What is the publisher’s job? |
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Definition
| Promoting songs, negotiating license for the songs, collecting royalties, and distributing royalty shares to songwriters. |
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Term
What is the difference between a
exclusive and non-exclusive license? |
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Definition
Exclusive – Permission is determined through a limited and sole use of the work.
Non-Exclusive – Permission is determined through unlimited use of the work. |
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Term
| What is the purpose of the split sheet? |
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Definition
| The songwriter split sheet allows for all creative parties involved on the creation of a song to be documented with their name, publishing company, Performing Rights Organization (PRO), percentage of ownership of the song and contact information to eliminate confusion and ensure that everyone gets a fair share. |
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Term
Mechanical License
WHICH COPY. OWNER?
WHO BENEFITS ($$)? |
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Definition
PA Owner
Publisher and Songwriter |
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Term
Compulsory Mechanical License
WHICH COPY. OWNER?
WHO BENEFITS ($$)? |
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Definition
PA Owner
(Harry Fox Agency)
Publisher and Songwriter |
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Term
Master Recording License
WHICH COPY. OWNER?
WHO BENEFITS ($$)? |
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Definition
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Term
Synchronization License
WHICH COPY. OWNER?
WHO BENEFITS ($$)? |
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Definition
PA Owner
Publisher and Songwriter |
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Term
Performance License
WHICH COPY. OWNER?
WHO BENEFITS ($$)? |
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Definition
PA Owner
Publisher and Songwriter |
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Term
Statutory License
WHICH COPY. OWNER?
WHO BENEFITS ($$)? |
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Definition
SR Owner
(SoundExchange)
Label and Artist |
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Term
Print License
WHICH COPY. OWNER?
WHO BENEFITS ($$)? |
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Definition
PA Owner
Publisher and Songwriter |
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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
When do you need a mechanical license
and where can you obtain it? |
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Definition
| A mechanical license is needed when a person wants to make a new recording of someone else's lyrics and composition. This person would have to contact the Publisher for the Mechanical License. |
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Term
| Who is the Harry Fox Agency and what is their purpose? |
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Definition
| In 1927, the National Music Publisher's Association established The Harry Fox Agency to act as an information source, clearinghouse and monitoring service for licensing musical copyrights. Since its founding, The Harry Fox Agency has provided efficient and convenient services for publishers, licensees, and a broad spectrum of music users. |
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Term
| What is the current statutory rate for a mechanical license? |
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Definition
If the song is less than 5 min:
9.1 ($0.091) cents per song per record sold
If the song exceeds 5 min: ROUND UP
1.75 ($0.0175) cents per minute per song per record |
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Term
| When, and where, would you need to apply for the compulsory mechanical license? |
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Definition
Section 115 of the Copyright Law states:
“…Once phonorecords of a musical work have been publicly distributed in the United States with the copyright owner’s consent, anyone else may, under certain circumstances and under limited conditions, obtain a ‘compulsory license’ to make and distribute phonorecords of the work w/o express permission from the copyright owner.”
This provision states that the version of the song cannot “change the basic melody or fundamental character of the work, and shall not be subject to protection as a derivative work, except with the express consent of the copyright owner.” This means that even though they are permitted to use the work w/o permission from the copyright owner, they are not allowed to change any lyrics. |
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Term
| When do you need a master recording license? |
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Definition
| A master recording license is needed when a person is using the original recording of a song in their project. This license is also required in the event of "sampling,” which occurs when a person uses a selection of another copyrighted work in their own project. |
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Term
| When is a Synchronization license needed? |
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Definition
| Anytime a person is combining music with a visual medium, they will need to have a synchronization license. Most commonly, such licenses are used with films, television shows, and radio/TV commercials for products. |
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Term
| Who are the PROs? What license do you obtain from them and for what purpose? |
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Definition
PROs (Performance Rights Organizations). The most widely known are:
BMI = Broadcast Music, Inc.
ASCAP = American Society of Composers, Authors, and Publishers
SESAC = Society of European Stage Authors and Composers |
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Term
| Who is SoundExchange and what do you contact them for? |
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Definition
| The statutory license is needed for certain satellite, cable, and digital transmission of music, and is issued by SoundExchange (http://www.soundexchange.com). The only way an artist can collect the royalties from the statutory license is if they sign up with SoundExchange. The purpose of this license is to assist the record labels and artist in collecting royalties from public performances of their songs. |
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Term
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Definition
| A contract is a series of promises b/t two or more parties. Since its legally binding, when you write a contract you create a law – it only applies to the people who sign it, but it is a law nonetheless, and will be upheld in court. |
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Term
| What are the five valid (enforceable) points of a contract? |
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Definition
•All Parties must be legal
•The Contract cannot call for illegal acts.
•The Language must be clear and unambiguous.
•There must be consideration – Both Parties must promise something in exchange for the other party’s promise.
•There must be Mutual Agreement. |
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Term
| Why are oral agreements discouraged yet still common? |
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Definition
| They are discouraged because it can become difficult to prove if it becomes a he said she said battle. Even if there are no worries about the other person lying, there could be a different understanding about what was agreed upon. They are common because it is easier. |
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Term
| What is the purpose of the statute of frauds? |
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Definition
| The Statue of Frauds defines the categories of things for which the courts have decided they won’t accept an oral agreement. When it comes to big things it is best to get it in writing. |
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Term
| What are the categories within the statute of frauds? |
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Definition
•Real Estate
•Sale of Goods over $500
•Agreements that will take more than a year
•Pre-nuptial agreements
•Agreements to pay another persons debt
•Selling a copyright |
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Term
What are clauses (provisions) in a contract?
[Know some examples!]? |
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Definition
Clause are the protections or options, they are the individual sections of the contract, which are commonly written as separate paragraphs.
Here are some examples:
•Good Faith Clause
•Severability Clause
•Indemnity, or Holds-Harmless Clause
•Audit Provision
•Sunset Clause |
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