MUS101 Study Guide Unit 1

What is the scope of the entertainment industry?

Non-performers outnumber performers.

Name the Big Three entertainment conglomerates.

Universal, Sony, and Warner.

What is industrial property?

Protection of the commercial branding (band names and logos) by trademark.

What is intellectual property?

A legal right that automatically protects original musical works, composition, and recording from unauthorized use.

What is copyright?

The legal right of every individual to protect his/her intellectual property as it applies to their original creative work.

From what three areas does copyright develop today?

Originality, fixation, and expression.

Fixation

The work must be fixed in a tangible medium of expression , such as written , recorded or saved file

Expression

protection of the expression of ideas

Originality

work must be independently created by a human auth or possesses at least a menial degree of creativity.

What invention created the need for copyright?

The invention of the printing press in 1440.

What did the Statute of Anne establish?

14 years copyright with one renewal in 1709 in England.

What was the US Copyright Law of 1790?

The first federal statute to protect intellectual property, modeled after Britain's Statute of Anne.

What are the five exclusive rights to a musical work? (PA)

Right to reproduce copies, distribute publicly, prepare derivatives, perform publicly, and display publicly.

When does copyright exist?

As soon as the tune is 'fixed' or written down.

What does the Copyright Office do?

A copyright holder should register their work with the Copyright Office, now part of the Library of Congress.

What are copyright exclusions?

Copyright does not extend to ideas only, expression, song titles, or works made for hire.

What are fair uses?

Exceptions to the rules of copyright in certain situations.

What two criteria must be in place for copyright infringement?

The song must be registered and show that the copied tune is 'substantially similar.'

Copyright Act of 1909

protected all intellectual property for 28 years with additional 28 years with physical renewal for registered, published works displaying proper copyright notice; allowed for compulsory mechanical license; musical recordings contain copyright for musical composition and copyright for sound recording

What are mechanical royalties?

Defined as the exclusive right of reproduction granted to copyright owners of musical compositions.

How many times are royalties collected?

Each time the song is duplicated.

What organization collects mechanical royalties?

Harry Fox Agency.

What is the Compulsory Mechanical License Law?

The original duplication right is reserved to the author, but once the song is recorded, duplication cannot be denied as long as royalties are paid.

Statutory mechanical license rates

set rate by the copyright royalty board which you have pay the author of a tune for duplication

What is publishing in the context of music?

Selling all or part of a copyright holder's rights to another party.

What are the duties of a publisher?

Transfer rights, verify copyright protection, negotiate licenses, account for royalties, and defend against infringements.

Publisher's Income

publishers make money by selling licenses for the use of composer's copyright in commercial uses. Can also sell the print rights

What is an exclusive deal in publishing?

100% copyright of all works are transferred to the publisher.

Individual song deal

100% copyright of specific songs are transferred to the publishers

Administration Deal

copyright is retained by the writer but the publisher is paid a percentage of the income earned.

Co-Publishing Deal

50% of the publisher's traditional half is retained by the writer. ( publisher has 25% shares )

What is the acceptance criteria for a work to be published?

Does the song have a clear hook that makes it distinct and repeatable

Has the composer been successful lately ?

What artist might record the song ?

Does the song fill a need in the publisher's catalog

Will the song have lasting quality that could appear to the next generation

What is a work for hire?

Copyright law where the commissioning party is considered the legal author and owner of copyright.

How long does copyright last in 1976 ?

75 years.

What is public domain?

Works whose intellectual property rights have expired, allowing for free public use.

What works fall into public domain

Creative works, ideas , copyright , trademarks , and patents

How does a joint collaboration work?

If co-writing a song every collaborator owns the song there is no separate copyright for the music and lyrics. The split can be decided by a written agreement or every get an equal split

What are some income sources for songwriters?

Mechanical royalties, ( duplicating )

performance royalties, ( broadcast , streaming , live performances )

synchronization royalties, ( movies and TV)

grand right royalties, ( dramatic )

print royalties, ( sheet music sales )

special use royalties ( merchandising )

What is a PRO?

The Performing Rights Organization that represents songwriters, composers, and music publishers.

What are the four main PROs in the US?

ASCAP, BMI, SESAC, and GMR.

What are the "consent decrees"?

A way to stop the ASCAP and BMI from monopolistic price fixing . It regulates how PRO licenses music to ensure fair competition and requires them to offer blanket licenses.

What are synch rights?

Rights that allow music to be timed with action on a video screen.

What organization collects synch royalties?

Harry Fox Agency. Sync right are paid by the movie studio not the individual theater showing the films

What is WIPO?

World Intellectual Property Organization. It promotes the protection of intellectual property through the world

What did the 1972 Sound Recording Amendment do?

Provided federal recognition of a sound recording copyright.

What are the 4 exclusive rights for a sound recording (SR)/ masters

Right to reproduce copies Right to distribute publicity Right to prepare derivatives Right to perform digital audio transmission

What did the Copyright Law of 1976 do?

Defined the length of copyright and clarified exclusive rights. Defined two types of copyright ( publishing and masters ) Defined fair use Performance royalties are addressed Rates and policies are to periodically reviewed

What is the Audio Home Recording Act of 1992?

Imposed a levy on digital audio recording devices to compensate copyright owners. Only applies for commercial use

What did the WTO do for copyright?

Negotiated the trade related aspects of intellectual property rights or TRIPS

What did the Digital Performance Right in Sound Recording Act of 1995 do?

Grant performance royalties for the performance of sound recording if delivered in a digital medium ( radio , web casting )

What did the Digital Millennium Copyright Act of 1998 do?

Automated the licensing of digitally delivered non-interactive performances of music. ( radio , web casting )

What did the Digital Millennium Copyright Act of 1998 do

Automated the licensing of digital delivered non-interactive performances of music through statutory rates.

What did the Copyright Term Extension Act of 1998 do?

Extends the copyright to 70 years plus the life of the composer from works written after 1978.

This is 95 years in total for works written between 1923-1978

Anything before 1931 is public domain

What is downloading?

An interactive digital download that resides on your device.

What is non-interactive streaming?

Non-interactive internet radio in a digital form, such as webcasting.

What is interactive streaming?

Real-time delivery of music where the listener can control the selection. ie Spotify

What does Most Favored Nation (MFN) mean?

Ensures that one party receives the most favorable treatment compared to another party. ( TV license )

How do video game licenses work?

Generally paid as a package deal rather than a backend tied to sales or plays

What did the Music Modernization Act of 2018 do?

Created a central clearing database for PA publishing royalties for streaming.( MLC : mechanical licensing collective )

Changes the way music producers are paid on streaming

Fixed the pre-1972 sound recording exemption