Exam 3 Flashcards
copyright
“a limited duration monopoly” gives creators exclusive rights to their work for a period of time
what is copyrightable
work has to be original
sufficient materiality to be considered a work
mechanical royalties
royalties from distribution of recorded music
mechanical royalty rate
9.1 cents
statutory rate
the benchmark for setting mechanical royalties in the music industry
rights granted under a copyright
- rights to reproduce a work
- rights to distribute copies of the work
- the right to perform the work publicly
- the right ti display publicly
compulsory license
exceptions to the monopoly rule:
- cable tv rebroadcast
- public broadcasting system
- jukebox
- digital performance record
conditions to meet a compulsory license
The song is a non-dramatic musical work AND
• It has been previously recorded AND
• The previous recording has been distributed publicly on phonorecords
AND
• The new recording doesn’t fundamentally change melody or character
of the song AND
• The new recording is only used on phonorecords.
how do foreign mechanical royalties differ from the U.S.
foreign mechanicals are a percent of the whoelsale price
typical split between writer and publisher
50/50
A “draw”
advance on royalties from publisher
performance rights societies and their function
royalty collection between copyright owners and parties
Harry Fox Agency
issues mechanical licenses
how writers and publishers performance monies are paid
it goes through the agencies, therefore the publisher does not double dip
how are performance monies generated
every time the song is publicly performed
cue sheets
how TV keeps track of plays
