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Flashcards in Test 2 Deck (50)
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1
Q

Copyright

A

Limited duration monopoly

2
Q

Article 1 Section 8

A

To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

3
Q

To Acts

A

1909

1976 (Effective Jan 1, 1978)

4
Q

Copyright notice

A

c Year of Copyright, Copyright owner

5
Q

Exclusive Rights

A
  1. Reproduce
  2. Distribute
  3. Perform
  4. Derive
  5. Display
  6. Perform by means of digital audio transmission
6
Q

Exceptions of exclusive right

A

Cable TV rebroadcast, PBS, Jukeboxes, Digital performance records, phono records and digital downloads of non-dramatic compositions

7
Q

Mechanical Royalties

A

Paid for the sale of phono records, royalty is set by the Copyright Act (9.1 cents)

8
Q

Compulsory license- Section 115

A

-Owner can determine first use
-Must issue licenses thereafter if fits all categories
(non dramatic musical work, previously recorded, previously distributed as a phono record, new recording does not change the basic melody or fundamental character, new recording only use in phono records)

9
Q

Ownership

A
  • 2 writers-joint work
  • Work for hire- work is within your scope of employment
  • If not within scope of employment, to be a WFH must meet the following:
    1. commisioned
    2. created under written agreement
    3. created for use in one of the following
  • motion picture for other A/V work
  • collective work
  • compilation
  • translation of a foreign work
  • supplementary work
10
Q

Collective works

A

Collection of individual works, each of which is capable of obtaining copyright

11
Q

Compilation

A

Where the parts are separately copyrightable

12
Q

Supplementary work

A

IE intro to a bok

13
Q

Duration of Copyright act of 1909

A
  • Initial term of 28 years from publication
  • Renewable for 28 more (failure to renew=PD, dead writer/heirs or publisher could renew)
  • Total 56 years-> public domain
  • Designated with EU and EP numbers
14
Q

Duration of Copyright Act of 1976

A
-1909 act works until 12/31/1977
First term:
-had to be renewed
-47 more years
-total of 75 years
Second term: 
-automatically extended from 28 to 47 
Second term expired-> public domain
15
Q

Amendments to Copyright Act

A

DMCA
-Digital Copyright Act
-Set compulsory licesnse for webcasting
Sony Bono Copyright Term Extension Act 1998
-Add 20 years to term
Digital Performance Right in Sound Recordings Act 1995
-Extended compulsory license to include digital distribution
-Created right for artist and labels to get a performance right

16
Q

Administrator

A
  • Does not own copyrights,
  • Takes care of copyright registration, issuing licensing, collecting royalties, accounting to publisher or publisher and writers
17
Q

Publisher

A
  • Owns copyrights
  • Does everything admins do
  • Nurtures and develops songwriters
  • Exploits material
18
Q

Administration Department

A

Copyright-Licensing-Royalty-Accounting-Legal

19
Q

Creative Department

A
  • Song pluggers (nurtures and develops talent, writers, artists)
  • Sync
  • Special products
20
Q

Major publishers

A
  • International in scope
  • Record label affiliation (Sony, Warner, Warner/Chappell, Universal)
  • Independent, no major label affiliations (peer music, Kobalt), Hedge Fund Companies (Ole, Round Hill), Smaller companies, one office (Big Yellow Dog, Big Loud Shirt, Mucho Love), Label affiliation indies (Broken Bow/Magic Mustang, Black River Entertainment)
21
Q

Administration Agreement

A
  • Asset management
  • Done by admin or pub company
  • minimum 3 year
22
Q

What deals all have provisions?

A

Royalty, accounting, warranty-guarantee

23
Q

Per Song Agreement

A
  • Individual song or small group of songs
  • Single or multiple writers (must be same writers on all songs)
  • Advance (maybe, exploitation period with reversion)
24
Q

Exclusive Songwriter Agreement

A
  • Cannot write for someone else
  • Defined term
  • Includes all songs written during term
  • Advances
25
Q

Exclusive Songwriter Co-Pub agreement

A
  • Same as exclusive songwriter agreement PLUS

- Copyright ownership

26
Q

Writer is looking for

A
Protection of rights
-proper registration (copyright, PRO)
-aggressive licensing
Exploitation
Accurate accounting and payment
27
Q

Types of Income

A
  • Mechanical
  • Performance
  • Synchronization
  • Print
  • Grand Rights
  • Foreign
28
Q

Performance Income

A

Radio, TV, streaming, restaurant, bar, club, concert, aerobic center, mall
-collected by PRO’s

29
Q

Performance income Cashflow:

A

Songwriter and publisher

30
Q

Mechanical Royalties

A

Legal downloads, CD, DVD, singing dolls, greeting cards

-mechanical royalty cashflow (retail,Etail, CD’s, record co, mechanical royalties)

31
Q

Administration

A

Retail, Etail, CD’s, Record Co., Mechanical Retails (HFA Pays In, Publisher-songwriter)

32
Q

Illegal Download Hurts

A

Retail, Record Label, Mechanical Royalty, Publisher, Songwriter

33
Q

Synchronization Royalties

A

Movies, TV, Videos, Commercials

34
Q

3 types of songs

A
  1. Written specifically for the project
  2. Previously written, unrecorded
  3. Hit song
35
Q

All sync licenses are fully negotiable

A

Sync fees, term, territory, media, DVD/Home video buy out (Film and TV), exclusivity

36
Q

Film

A

When licensing a previously released recording

  • Master rights from label (p)
  • Rights to the underlying composition from the publisher
  • Most favored nations (MFN)
37
Q

Commercials

A

-Ad agency is the “producer”
-Jingle company (“turn key” jon-write+record music, deliver finished product)
-c never transferred to the agency
-AFM and AFTRA/SAG payment in 13 week cycles (quarterly)
Term (13 weeks to 1 year cycle, fee increases with the exercise of options-media and territory)

38
Q

The pitfalls of synchronization

A
  • Music can become too closely aligned to a product

- Can be the “wrong” choice for a scene or movie

39
Q

Phonorecord

A

Includes the material object in which the sounds are first fixed (Digital downloads, CD’s, Vinyl, 8track, 78’s, MP3, WAV, AIFF, etc)

40
Q

Mechanical income and licensing

A
  • Compulsory licensing Mechanical license

- Mechanical License (Issued by publisher)

41
Q

Compulsory License

A
  • Retrieved from Copyright Office
  • Section 115
  • First use: “Once a song has been recorded and released to the public, the copyright owner must license it to anyone who wants to use it in a phono record, for a specific payment established by the Copyright Law”
  • Owner required to issue a the license if it fits all following: non- dramatic song, previously recorded, phonorecord of recording distributed publicly, new recording does not change the melody, new recording only used in phono records)
42
Q

Mechanicals

A
  • “Monies paid by a record label for the right to use a song on a record”
  • Mechanical royalty payment depends on the following facts (Date of release, artist, length of recording, record numbers, territory, audit provision)
43
Q

Statutory Rate

A
  • 9.1 cents or 1.75 cents per minute of playing time
  • 6:00 song-10.5 cents
  • 6:01 song-12.25 cents
44
Q

Mechanical Royalty Example

A
  • Traditional writer/publisher split=50/50
  • Formula from the label: units sold X mechanical royalty= royalty due
  • Publisher pays the writer: royalty received X writer share= writer royalty OR royalty received X .5=writer royalty
  • royalty received - writer royalty=retained publisher share
45
Q

Customary adjustments

A

75%- mid priced product, controlled composition

50%- budget line product

46
Q

Methods of Licensing

A
  • Self
  • Harry Fox Agency, inc. (HFA)
  • CMRRA
47
Q

Royalty payments

A

Calendar quarter basis

48
Q

Reserves

A

Label holds 50% of units shipped as reserves against returns

49
Q

Controlled composition

A

If the recording artist or producer has: written or co-written a song, has ownership in a song, control of a song, interest in any song on the album

  • Mechanical rate is 75% of stat
  • Does NOT apply to digital sales
50
Q

75% of statutory rate

A
  • date of recording contract
  • at the time of recording
  • at the time the master is delivered
  • at the time of the release
  • Rate NEVER increases