Copyright Final Exam Study Guide

What are the limitations of non-interactive streaming services compared to on-demand streaming?

Non-interactive streaming services offer less control and customization; users can skip tracks within limits but cannot choose specific songs.

Name three examples of non-interactive streaming services.

Pandora, iHeartRadio, TuneIn Radio.

What is the primary purpose of the Mechanical Licensing Collective (MLC)?

To administer mechanical licenses for digital music streaming and downloading services in the United States.

Who should become a member of the MLC?

Songwriters who are administering their own songs.

How do record labels obtain mechanical licenses?

Record labels obtain mechanical licenses from music publishers to legally reproduce and distribute songs.

What are performance royalties?

Royalties paid for the public performance of music, collected by Performance Rights Organizations (PROs) like ASCAP and SESAC.

What is SoundExchange?

A nonprofit organization that collects and distributes digital performance royalties on behalf of recording artists and record labels.

How are artist royalties typically calculated?

Artist royalties are calculated based on a percentage of net revenue generated from sales or streams after deductions for expenses.

What is the role of a music supervisor?

A professional responsible for selecting and licensing music for use in various media, including films and TV shows.

What is a one-stop agreement in sync licensing?

An agreement that consolidates all necessary rights into a single agreement with one rights holder, simplifying the clearance process.

What is the significance of Most Favored Nations (MFN) in sync agreements?

It ensures that a writer receives the same terms as other writers involved in the project.

What are the key components of sync agreements?

Term (duration of use), Territory (geographic streaming area), and Payment (when payment is received).

What is the process for sample clearance?

Identify samples, determine rights holders, contact rights holders, negotiate terms, obtain licenses, make payments, document clearance, and monitor usage.

What does 'pro-rata' mean in the context of sampling?

It means that the sample holder's share reduces the share of all other writers proportionately.

What are the phases of a civil lawsuit for copyright infringement?

Pleading Phase, Discovery Phase, Motions Phase.

What must a plaintiff prove in a copyright infringement case?

The plaintiff must prove ownership of the work and that the defendant copied it, not just had similar ideas.

What is required for a plaintiff to sue for copyright infringement?

Registration with the U.S. Copyright Office is necessary.

What is the statute of limitations for bringing copyright infringement claims?

Three years after the date of infringement.

What elements of a work are protected by copyright?

Only original elements; common elements like chord progressions or lyrical phrases are not protected.

What is the role of musicologists in copyright infringement cases?

They are involved in the discovery phase for fact-finding.

What happens to royalties when a sample is used in a new composition?

The sample holder's share reduces the available copyright share for all other writers on a pro-rata basis.

What are the two sides of registering a song with a PRO?

Writer side registration and Publisher side registration.

What is the basic producer royalty percentage?

3%.

How do songwriters determine their publishing splits?

They negotiate splits based on contributions and document agreements in split sheets.

What is the significance of registering splits with PROs?

It helps manage royalty distribution among songwriters.

What is the difference between interactive and non-interactive streams in terms of royalties?

Interactive streams allow users to choose specific songs, while non-interactive streams do not.