Term
| 8 Divisions of entertainment industry |
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Definition
1) Motion Picture Industry
2) Music Industry (recording, publishing, and live performance)
3) Broadcasting (radio, TV, internet)
4) Publishing (books)
5) Games
6) Sports
7) Exhibition Entertainment (theatres, museums, amusement parks)
8) Gambling |
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Term
| Major Motion Picture Studios |
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Definition
1) Warner Brothers
2) Paramount Picture
3) Walt Disney/Touchstone pictures
4) Columbia pictures
5) Universal studios
6) 20th Century Fox |
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Term
| 5 revenue sources for motion pictures |
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Definition
theatrical exhibition
2) home video
3)broadcasters, foreign markets, and nontheatrical venues. |
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Term
| 4 Major Labels and Market shares |
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Definition
Universal Music Group: ~24%;
Sony/BMG: ~23%;
EMI: 13%;
Warner: 12% |
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Term
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Definition
| Creator, Commerce, Consumer |
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Term
| 6 exclusive rights of copyright.....IMPORTANT |
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Definition
-1. To reproduce the copyrighted work in copies or phonorecords.
2. To prepare derivative works based upon the copyrighted work.
3. To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
4. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly.
5. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly. 6. In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. |
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Term
| What was Sonny Bono copyright extension |
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Definition
| It added an additional 20 years to the renewal term, making it total 67 years. |
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Term
| What is a Sound Recording? |
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Definition
| -A kind of copyrightable work in which sounds created by various sources are captured, or “fixed,” in some tangible medium such as tape or disc. These works are to be distinguished from the underlying works such as musical compositions or dramatic works which are recorded. |
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Term
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Definition
-1. “The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.”
2. “The nature of the copyrighted work.”
3. “The amount and substantiality of the portion used in relation to the copyrighted work as a whole.”
4. “The effect of the use upon the potential market for or value of the copyrighted work.” It's called a balancing test because it's balancing between the possible benefit to society (as opposed to the user of the protected work) that results from the use versus the potential harm to the copyright owner. |
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Term
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Definition
| puts the burden of prove on the defendant, they must prove that you DO NOT own the copyright, not vice versa |
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Term
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Definition
| formed by the assembly of a number of independent works into a whole. EG. a greatest hits album |
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Term
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Definition
| A work that is created by a party other than the other, usually for pay |
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Term
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Definition
| The statutory rights of authors to take back there copyrights. 35 years after registration, window is 5 year period. Must give 2 years notice |
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Term
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Definition
| The right of authors to be the FIRST to publish there works. |
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Term
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Definition
| The “mechanical right” is the right to reproduce a musical composition “mechanically” using such things as recordings and piano rolls. |
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Term
| Compulsory Mechanical License |
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Definition
| -A license that is granted by the copyright act to use a musical composition, sound recording, or other copyrighted work. It is “compulsory” because the copyright owner must permit the use if the user conforms to the requirements of the statute regarding payment of royalties, and so on. Must pay 9.1 cents per minute or 1.75 per song, whichever is greater |
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Term
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Definition
| -The panel of three administrative judges established by congress to adjust or set compulsory royalty rates for mechanical, digital performance of sound recordings, digital delivery of phonorecords and others. |
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Term
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Definition
| Those that may be retained and used indefinitely by the end user. |
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Term
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Definition
| Those where a copy of the song embodied in the recording is delivered to the users but is only accessible for a limited amount of time (as in a subscription service), or a limited number of times. This is to be distinguished from a stream where the user can only listen to the song during the stream and does not retain a copy on their computer. |
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Term
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Definition
| When the listener on the Web gets to choose which songs to listen to and when to listen to them. The publishers, labels, and CRB agreed that this use did require a mechanical license. |
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Term
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Definition
| Include uses by the label or others to promote the recording and song, generally less than 30-second clips. This may be an interactive stream, or a free trial time for streaming, or limited download services. These are covered by the compulsory mechanical license, but have a royalty of zero. |
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Term
| Non interactive streaming |
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Definition
| When the listener does not get to choose which songs to listen to or when to hear them (outside of perhaps skipping the next song in the rotation). This is a performance of the song, but does not deliver a copy to the user, so it is not subject to the compulsory mechanical license. |
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Term
| Fairness in Music Licensing Act |
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Definition
| The act expanded exemption for the public reception of a broadcast transmission to cover most eating and drinking establishments of fewer than 3,750 square feet and most other establishments of fewer than 2,000 square feet. It impacts our treaty obligations because the WTO said it exempted too many establishments. |
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Term
| To prove copyright infringement, Plaintiff must prove that |
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Definition
. -1. That they are the author or owner of the copyrights in the work that is claimed to be infringed. That is usually not too difficult since a copyright registration form is prima facie evidence (i.e. sufficient by itself with no other evidence being necessary) of the validity and ownership of the copyright.
2. That the other party copied their work. To show this the plaintiff must prove that the other party (a) somehow had access to their work and (b) that the two works are “substantially” similar. The access is fairly easy to prove if the original work enjoyed widespread public distribution or performance but can be quite difficult if the plaintiff's work was unpublished. For writers who send out unsolicited demos, tis is often a problem because it is difficult to say that a demo actually got to the alleged infringer, or had a reasonable chance of doing so. That is one reason why artists, producers, and publishers do not like to get unsolicited demos. So, if the demo is not addressed in the right way to the right party, then it is probably going into the trash without further review. |
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Term
| Exemptions to public performance |
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Definition
-Performances by instructors or pupils in the course of face-to-face teaching at non-profit educational institutions, or in distance learning courses (applies to all works)
40. -Performances of non-dramatic literary or musical works in transmissions for educational broadcasting from government or non-profit educational institutions
41. -Performances of non-dramatic literary or musical works in the course of religious services at a place of religious worship or assembly (also applies to dramatic musical works of religious nature)
42. -Non-commercial performances other than in transmissions where there is no payment to musicians or promoters, and either no admission charge, or the proceeds are used for charitable, religious, or educational purposes
43. -Public reception of transmissions on single sets of the kinds of receiving devices commonly found in the home if there is no admission charge and no further transmission
44. -Performances in stores selling recordings and musical works where the purpose is to promote the sale of the recordings, or the hardware used to view or listen to the recordings, and there is no admission charge and no transmission. 40. -Performances of non-dramatic literary or musical works in transmissions for educational broadcasting from government or non-profit educational institutions
41. -Performances of non-dramatic literary or musical works in the course of religious services at a place of religious worship or assembly (also applies to dramatic musical works of religious nature)
42. -Non-commercial performances other than in transmissions where there is no payment to musicians or promoters, and either no admission charge, or the proceeds are used for charitable, religious, or educational purposes |
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Term
| When does copyright protection begin |
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Definition
-Copyright begins from the moment the work is “fixed in a tangible medium of expression.” As soon as the song is written down, recorded, or otherwise put into some medium from which it can later be perceived or reproduced, the federal copyrights spring into existence. Only if the work is never “fixed” would it be protected under state law or common law. 40. -Performances of non-dramatic literary or musical works in transmissions for educational broadcasting from government or non-profit educational institutions
41. -Performances of non-dramatic literary or musical works in the course of religious services at a place of religious worship or assembly (also applies to dramatic musical works of religious nature)
42. -Non-commercial performances other than in transmissions where there is no payment to musicians or promoters, and either no admission charge, or the proceeds are used for charitable, religious, or educational purposes
43. -Public reception of transmissions on single sets of the kinds of receiving devices commonly found in the home if there is no admission charge and no further transmission
44. -Performances in stores selling recordings and musical works where the purpose is to promote the sale of the recordings, or the hardware used to view or listen to the recordings, and there is no admission charge and no transmission. |
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Term
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Definition
| The lawful owner of a copy of a work may dispose of possession of that copy in any way they wish. Copies may be re-sold, rented, leased, or given away. An exception allows the owners of copyrights in sound recordings and computer programs to prohibit rental of those works. |
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Term
| Exclusive rights for sound recording |
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Definition
12. -1. The right to reproduce a sound recording is limited to literally duplicating the recording in ways that actually recapture the actual sounds fixed in the original recording. Thus, one could make another recording that imitated or attempted to sound just like the original recording as long as the new one was made by hiring new musicians, singers, engineers, and so on, and making an entirely independent recording. Unless the makers of the “sound-alike” recordings failed to secure mechanical licenses to make recordings of the songs or marketed the recordings in some way that misled consumers to think that they were the original recordings by the original artists, in violation of unfair competition laws, the “sound-alike” would be perfectly legitimate.
13. 2. The right to prepare a derivative work is rather limited too, to rearranging, remising, or otherwise altering the sequence or sounds of the original recording.
14. 3. The right to distribute copies to the public is somewhat enhance for sound recordings, as will be discussed below under the Record Rental Amendment.
15. 4. There is no right of public display for sound recordings. However, if one displayed the artwork for a recording, that would require a license. Look at the encoded side of a CD. It is not very exciting.
16. 5. The right to public performance for a sound recording only covers performances by means of digital audio transmission, and there are some major exemptions to that, as will be discussed later. |
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Term
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Definition
| A sample so small as not to be protected by copyright. |
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Term
| What are the 2 tasks of publishing? |
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Definition
1. acquiring rights in songs
2. licensing the use of those rights to generate royalties for the publisher and songwriter |
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Term
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Definition
UMP
EMI Music Publishing,
Warner/Chappell Music
Sony/ATV Music Publishing. |
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Term
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Definition
| The recordings from which other recordings are later going to be made or duplicated. May refer to a multitrack master, a stereo master, or a duplicating master. |
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