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
synchronization license
motion picture, TV- time sync with visual images
transcription license
radio commercials- no images
typical price for single song sheet music
20% of marked retail price
publishers share of digitally downloaded sheet music
50%
in context use
know what the song is being used for exactly
out of context use
song used for others sons besides what was specified
Amount publisher can charge for a synchronization license
50,000-200,000
How music in video games is typically licensed
flat fee, only royalty basis for music specific video games
foreign subpublisher
make deals with US publishers. typical mechanical rights collection society. society makes interest on it and then distributes
75/25 or 85/15 deal
subpublisher charges, normally 15-25%. the rest goes to US publisher
DART act and what it established
Digital Audio Recorder and Tape Act
-monies paid directly to writers and publishers by societies
says those who cop works at home for non-commercial use are not committing copyright infringement
-imposed tax on digital audio recorders and digital audio tape
Legitimate costs deductions that publishers can charge to writers
demos
collection costs
subpublishing fees
songwriting agreement
transferring ownership of a copyright in a musical composition to a publisher
Reserves on mechanical royalty returns
50-75% of amount earned
minimum delivery requirments
writer must deliver 12 songs a year (minimum number of songs in certain number of years
term songwriting agreement
3 years (one firm, two optional)
consequences from failure to meet minimum delivery requirement
they do not receive the next advance
reversion clause
publisher must give writer copyright in future, (2 year with clout. beginner 4-5 years)
common co-publishing agreements
the publishers split
Percent of song earnings for writer with co-publishing agreement
50%
joint work
when multiple people contribute to a work
1976 copy right act
duration of copyright is life + 50 years
works prior to act gets 75 years from date of creation
sonny bono act
added 20 years to the pre 76 act (95 years from dae of creation)
life +70
anonymous 95 years from publication, 120 from creation
symbol circle P
copyright on what you cant see
