Licensing Flashcards
US Copyright Act of 1976
Provides means to control usage and compensation through issuance of licenses (license = permission)
Licenses must be issued when:
Recorded, reproduced, and sold as physical media or permanent download
Used as segues on radio an TV
Streamed by a streaming service
Played publicly on any media (radio, TV, any venue, streamed)
Film, TV, and video games
Ads and sheet music
Physical song
What is a mechanical license?
Permission to fix a song
Who is a record company?
Anybody who wants to make a mechanical copy of a circle C property
Who owns the song? (Who is publisher?)
Can see on songfile.com (Harry Fox Agency)
Statutory rate
9.1 cents per unit (track)
Sent to publisher and split with composer of song
For less than 2500 units
Statutory rate for?
Physical copy or download Streaming media (1 cent per stream)
Compulsory Mechanical License Provisions
File note of intent to record
Pay statutory rate
Make no changes to the song
Provide regular accounting of all records sold
Share of traditional mechanical license income
50/50 between publisher and songwriter/composer
Mechanical License forDigital Phonorecord Deliveries (Downloads)
Sam as physical in law
Controlled composition clause
Publisher asks songwriter to accept reduced mechanical royalty
MMA
Provide streaming income by establishing MLC, will create blanket licensing system
MLC
Music Licensing Collective
Will pay mechanical license fees for streaming and digital downloads
Performance Rights Organizations
They license the performance rights
Non-Dramatic Works
Small rights (Song w/o scene from musical, just song)
Dramatic Works
Grand rights (For entire musical)
Exemption from Public Performance Licenses
Only in US
For movie theaters
In Europe this doesn’t happen
License Fee Allocation
More money during primetime then during 3 AM (Time of day, audience reach, frequency)
Monitoring Public Performances
Monitor major networks and radio stations for how much music is used
They store data (How many times your record got played)
BDS
Broadcast Data Systems
Distribution of Performance Rights Fees (to composers and publishers)
Writers don’t split royalties with publishers
Mechanical Licenses for ?
Physical, Digital Media
Synchronization Licenses for ?
Films TV shows Radio dramas Commercials Video Games Ads Promotional Music Videos Non-Commerical Training Videos
Sync License Fees
Always negotiated with publishers
