Exam 2 (Chapters 5-8)

Question 1

What are the 5 types of licenses?

Answer 1

Mechanical, Performance, Synchronization, Print, Distribution

Question 2

Mechanical License:

Answer 2

allows licensee (recording company or recording artist) to reproduce & distribute a copyrighted musical work in recordings (compact disc) in return for a royalty

Question 3

Performance License:

Answer 3

allows licensee (radio or TV station, concert venue, business establishment) to publicly perform a copyrighted musical work in return for a royalty

Question 4

Synchronization License:

Answer 4

allows licensee (movie or TV producer) to reproduce and distribute a copyrighted musical work in audiovisual recordings such as movies, TV, in return for a flat fee and/or royalty

Question 5

Print License:

Answer 5

allows licensee to reproduce and distribute a copyrighted musical work in print form such as sheet music in return for a royalty

Question 6

Distribution license:

Answer 6

allows licensee to distribute a copyrighted musical work or sound recording in return for a distribution fee

Question 7

Compulsory license applies…

Answer 7

only to non-dramatic musical works

Question 8

Section 106(1) gives…

Answer 8

copyright owner exclusive right to reproduce and to authorize others to reproduce copyrighted work

Question 9

Difference between reproduction of a musical composition vs. reproduction of a sound recording

Answer 9

Example: Dolly Parton wrote the composition (meaning she wrote the lyrics and melody), to “I Will Always Love You.” Arista Records recording artist Whitney Houston recorded a version of Dolly Parton’s composition.In this case, Arista Records owns the sound recording of the song while Dolly Parton and her publisher own the composition.

Question 10

Controlled composition clause:

Answer 10

often in record contracts between artists and record companies. Artist guarantees the record company that it will be able to obtain mechanical licenses for any songs written, owned, or controlled by the artist at reduced rates.

Question 11

The Dubbing Limitation:

Answer 11

copyright in a sound recording only protects against copying of the actual recorded sounds and not against the imitation of those sounds

Question 12

Audio Home Recording Act

Answer 12

allows consumers to copy recordings of copyrighted music for private, noncommercial use, while also compensating copyright owners for lost income due to such copying

Question 13

Derivative work:

Answer 13

takes an existing work and adapts it to create a new work. *Not protected under Copyright until 1909 Act

Question 14

Types of Derivative works:

Answer 14

• Editorial Revisions: a work that revises an earlier work
• Fictionalizations: transformation of preexisting work into a work that can be performed on stage.
• Translation to New Language
• Translation to New Medium
• Abridgments and Condensations: transformation of existing work into a shorter version

Question 15

Copyright in a derivative work extends only to…

Answer 15

the original material contributed by the author of the derivative

Question 16

Section 106(3)

Answer 16

Distribution right: exclusive right to distribute and to authorize other to distribute copies of work to public by sale or other transfer of ownership, rental, lease, or lending.”

Question 17

Record piracy:

Answer 17

involves reproducing copyrighted sound recordings and distributing the unauthorized phonorecords (always involves a violation of copyright owners rights)

Question 18

Section 109(a)

Answer 18

First Sale Doctrine: once the copyright owner sells or gives away a copy, he has no further rights with respect to that particular copy

Question 19

Section 106(4)

Answer 19

Public Performance Right: gives owner exclusive right to perform and to authorize others to perform their works publicly

Question 20

Who pays who for a public performance in a venue?

Answer 20

The venue pays the PROs usually a blanket license

Question 21

Blanket License

Answer 21

covers everything, different price structures depending on how ofter you’re open and the capacity

Question 22

iTunes/Napster vs. Pandora/Spotify/SiriusXM radio

Answer 22

download, share, copy vs. streaming, sharing playlists
Compulsory License vs. Negotiated Performance License
Harry Fox Agency vs. PROs

Question 23

Royalty payments distinction in performance vs. download

Answer 23

Performance royalty rates set by PROs vs. Download royalty rates set by copyright office

Question 24

T/F: PROs only license non-dramatic performance licenses

Answer 24

TRUE

Question 25

Who must a license be obtained from for dramatic works? Why?

Answer 25

The copyright owner because the music for non-dramatic works have different value

Question 26

Limitations on the Public Performance Right- Section 110 exemptions

Answer 26

Face-to-Face teaching activities 
The Teach Act
Religious Services
Nonprofit Performances of Nondramatic Literary or Musical Works
The Homestyle Receiving Apparatus Exemption
The Fairness in Music Licensing Act
Retail Record Sales
Noncommercial Broadcasting

Question 27

Works created before 1978 are governed by…

Answer 27

1909 Copyright

Question 28

Works beginning in 1978 are governed by…

Answer 28

the 1976 Act

Question 29

Copyright Terms in other countries:
Canada-
European Union-
Japan-

Answer 29

Canada- life of author plus 50 years
European Union- agreed upon provisions
Japan- life of author plus 50 years

Question 30

Compulsory Mechanical License was established…

Answer 30

under Copyright Act of 1909

Question 31

Sometimes sampling can be defended as fair use if…

Answer 31

it is for a transformative purpose and does not affect market for sampled work