MBM_Week 2: Copyright

Question 1

DEF: IP

Answer 1

Intellectual property - creations of the human mind

Question 2

3 revenue streams in music

Answer 2

services (ie. performing), copyrights (IP), trademarks (ie. brand endorsement)

Question 3

2 strands of IP?

Answer 3

• industrial property
  
  • inventions (patents), scientific works, trademarks, design
• Copyright
  
  • literary and artistic works and music

Question 4

DEF: copyright

Answer 4

the protection and ownership of your intellectual property

Question 5

moral rights

Answer 5

• always belongs to the author(s) of the work (not the owner of the work)
• Independent of economic/commercial deals
• right of parternity ( to claim authorship)
• right of integrity (to prevent distortion)

Question 6

CDPA

Answer 6

Copyright, Designs & Patents Act, 1988

framework of all contracts (esp. publishing) in the UK

Question 7

CDPA gives copyright owner (author) exclusive rights to:

Answer 7

• copy the work
• issue, rent or lend to pubic
• perform, show, play or “communicate” the work in public
• make an adaptation

Question 8

2 requirements for copyright?

Answer 8

1. must be your original idea
2. you have to transfer the idea to a tangible medium

Question 9

two kinds of copyright that exist in music

Answer 9

song copyright, recording/master

Question 10

why don’t we combine master and song copyright into a single copyright?

Answer 10

song copyright is consistently used any time the song is used, but master is not always used.

ie. cover version of the song requires approval from song copyright holder but as they are not using the original recording, they would be producing their own master and would not have to seek approval from whoever holds the master

Question 11

how long does copyright last (UK)?

Answer 11

life of the author plus 70 years

Question 12

what three parts of the song are considered in determining copyright?

Answer 12

lyrics, melody, backing track

Question 13

standard practice for publishing splits

Answer 13

whoever is in the room at the time the song is created gets an equal share, unless a different agreement has been communicated beforehand

Question 14

who is the author?

Answer 14

the creator/the first owner

as the author you have written the music, lyrics or both

Question 15

who owns the master?

Answer 15

whoever paid for the recording

usually the label

Question 16

if no money was exchanged for teh recording, how do we define ownership of a master?

Answer 16

law states that whoever made the business arrangements for the recording to be made owns the master

Question 17

origin of the term “mechanical copyright”

Answer 17

originates from the player piano and the piano-roll, which was teh first mechanical reproduction of a song

Question 18

what are mechanical rights?

Answer 18

the rights to preproduce a song in any format

Question 19

In a DSP how do we determine mechanicals?

Answer 19

each time someone presses play on ie. Spotify, it momentarily reproduces a song that didn’t exist before.

For each reproded copy a mechanical copyright license is payable (each time someone presses play)

Question 20

what is the master/recording copyright?

Answer 20

the particular sound recording of a song

there can be several masters

is owned by whoever paid for the recording

Question 21

moral side to copyright

Answer 21

if someone has paid to lisence your song but uses it in a way you aren’t okay with (ie. used in a political campaign you don’t support, make an adaptation you haven’t given permissin for, etc.) you can block the use of your music for that purpose

Question 22

moral right

Answer 22

attached to the ownership of your work, cannot be sold but big players can exploid a loophole asking you to waive your moral right