business of music: copyright

quiz 1

6 exclusive rights

reproduce copyrighted work in copies or phonorecords, prepare derivative works, distribute copies to the public by sale or other transfer, perform publicly, display publicly, perform publicly by means of digital audio transmission

purpose of copyright

to provide protection/reward to composers/authors, and to encourage creation of artistic works

2 types of copyright

composition, tangible manifestation/recording (masters)

common law copyright

inherent right to have protection of ones unpublished and unregistered work against unauthorized commercialization

statutory copyright

official federal mandate that provides protection

Copyright Act of 1790

written works and printed materials

First revision: Copyright Act of 1831

protected music works and works of art

Second revision: 1870 and 1889

Copyright Act of 1870: updated area of intellectual property by codifying patents and trademarks

1889: statutory protection of performance rights

third revision: 1909

right of mechanical reproduction for piano rolls and early phonograph records

fourth revision: 1976/78

Revision of US copyright law which became statutory backbone to present copyright laws

1988

Berne Convention Implimentation

1992: Copyright Renewal Act

automatically extended duration of copyright another 20yrs

1992: Audio Home Recording Act (AHRA)

imposed levy on digital recortding devices but exempted computer equipment

1995: Digital Performance Right in Sound Recordings Act (DPRSRA)

gave copyright owners the power to license or prohibit digital transmissions of their work over the internet (unlike radio)

1998: Digital Millennium Copyright Act (DMCA)

codified the licensing of copyrighted performances for different types of digital transmissions over the internet

1998: Copyright Term Extension Act

automatically extended the duration of copyright another 20 yrs. proposed by Senator Sonny Bono. known as mickey mouse protection act

2002: DMCA internet rates

enacted lengthy series of changing internet rates for the dmca by several panels (CARP), librarian of congress, etc.

2002: Small webcasters settlement act

established more affordable licensing rates for small webcasters

2018: Music Modernization Act 

streamlined online accounting process making it easier for session artists to be compensated

copyright

the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something. serves as legal protection against others from using your original work for personal and economic gain

published work

one that has been fixed in some tangible form and distributed to the general public

phonorecord

sound recording on fixed medium

performance

playing or rendering of musical work naturally or with some device

publication

distribution of musical work

collective work

has number of contributions, constituting separate and independent works in themselves are assembled into collective whole

joint work

prepared by two or more authors with the intention that their contributions be merged into one work

bundle of rights

six exclusive rights of a copyright owner

fair use doctrine

allows minimal unlicensed use of copyrighted material for purposes such as scholarship, research, and news reporting

compulsory mechanical license

allows another author’s copyrighted work to be rerecorded on a phonorecord and to receive royalties

public domain and usage

when legal copyright expires: public domain goes into effect, work no longer has exclusive rights

allows record companies and artists to release songs on albums that arent subject to mechanical royalty

allows composers and arrangers to create and copyright derivative material

gives advertisers/film right to use familiar material without paying synchronization fees

Four Fair Use conditions

non-profit/educational, type of work, amount of use, effect of use

fair use does NOT

mean you cant incorporate someone else’s recording into your own work without permission (sampling)

mean you can photocopy entire score/piece and use it for your own performance

copyright registration

online forms

1972 works protected until

2067

termination rights

allow artist to recover ownership after 35 years w a 5 year window