Public Performance and Display Right Flashcards
Which PRO are for-profit, and which non-profit?
SESAC - for-profit
BMI & ASCAP - Non-Profit
Who is on the BMI board?
broadcasters
Who is on the ASCAP board?
Songwriters and Publishers
What does it mean to perform a work?
to recite, render, play, dance or act it directly or by means of any device or process or show in sequence or make the sounds audible
True/False: performance rights includes live and recorded and transmitted performances
True
True/False: you cannot perform a copyrighted work in private
false
What are the 4 categories of public performance?
- a place open to the public
- a substantial number of people other than family and friends are gathered
- transmitted to a place open to the public or where a substantial number of people are gathered
- transmitted by a device, regardless of whether the public receives it in the same or separate places or at the same or different times
When is a transmission considered to be made “to the public” according to congress?
when it is capable of reaching different recipients at different times
How is streaming different from downloading?
when you download, its a reproduction; when you stream, its a performance
True/False: downloads are public performances
false
What is the purpose of ASCAP?
act as a clearing house for licensing performances and collecting licensing fees
What are the 3 PROs?
- ASCAP
- BMI
- SESAC
What was decided in Herbert vs. Shanley
Herbert sued Shanley for playing his music in the restaurant without a copyright; court rules that while music was not directly being charged for, it still contributed to the profit
When was ASCAP formed?
1914
When was SESAC formed?
1931
What was SESAC’s purpose?
represent European composers and publishers; established themselves in country and gospel
When was BMI formed?
1939
What are the 3 main responsibilities of PROs?
- issuing licenses and collecting licensing fees
- monitoring public performances of music
- paying songwriters and publishers based on the number of performances of their music
What is a blanket license?
gives the right to publicly perform any music in the PROs repertory an unlimited number of times for a set fee
How do PROs decide what fees need to be collected for songs?
sampling radio and TV broadcasts, assuming live performances would be similar
How do PROs determine the value of different performances?
- size of audience
- time of performance
- type of performance
What are consent decrees?
agreements that permit the government oversight over the PROs licensing activities
What are some of the provisions of a consent decree?
- grievance procedures for authors, publishers and licensees
- issues only non-exclusive licenses
- provide reasonable alternatives to blanket licenses and rates
True/False: virtually every country has a PRO
True
What are the limitations to the public performance right?
- face-to-face teaching activities
- The Teach Act
- Religious Services
- Nonprofit performances of Nondramatic literary or Musical works
- Homestyle Receiving Apparatus Exemption
- Fairness in Music Licensing Act
- Retail Record Sales
- Noncommercial Broadcasting
Define the conditions for Face-to-Face Teaching Activities
- performance can only be by students or teachers
- must be made in the course of face-to-face teaching activities and must be for teaching purposes
- must be nonprofit educational institutions
- must take place in classroom or similar place devoted to instruction
Describe the Teach Act
allows the use of copyrighted material for educational use in digital form in certain circumstances, such as distance education
Describe nonprofit performances of nondramatic literary or musical works
- nonprofit purposes
- performers, promoters, and organizers cannot receive compensation
- no admission charge unless proceeds go to educational, religious or charitable purposes
- directly perform in front of audience
Describe the homestyle receiving apparatus exemption
used for small businesses; if use sound system like standard radio or television for business
What are the requirements for the homestyle receiving apparatus exemption?
- must be on a single receiving apparatus of a kind commonly used in a private home
- no direct charge made for transmission
- cannot be further transmitted to public
What is the Fairness in Music licensing act?
certain businesses that perform music received from licensed radio, television, cable and satellite are exemption from having to obtain permission to publicly perform music in establishments
What are the 3 requirements for the fairness in music licensing act?
- cannot re-transmit performance beyond establishment
- no admission fee
- must meet size requirements
What two violations has the fairness in music licensing act put the US in?
- Berne Convention
2. TRIPS Agreement
What does the US have to pay for their two violations of international agreement?
$1.1 million/year
What are the requirements for retail record sales exemption?
- be open to public at large
- no admissions charge
- perform records for sole purpose of promoting sales
- cannot transmit beyond store
5 brick and mortar stores
What is the noncommercial broadcasting exemption?
get lower royalty rates to perform non-dramatic musical works
True/False: performance rights apply to sound recordings
false
What are some problems that arose from the fact that the US lacks a comprehensive performance right in sound recordings?
- US copyright owners do not receive royalties for international performances
- more producers demanding songwriting credit or ownership (“cut-in”)
What is the digital performance right in sound recordings act?
granted a limited public performance right for sound recordings
How did DPRSRA add to copyright law?
- new exclusive right of public performance for sound recordings
- expanded compulsory mechanical license provision to include the reproduction and distribution of musical compositions in digital format
What are some limitations of DPRSRA?
- applies only to performances made by “digital” audio transmission
- only applies to transmissions involving the communication of a performance where the recorded sounds are received beyond the place from which they are sent
- applies to digital transmissions of sound recordings
What is the main type of exempt transmission?
non-subscription broadcast transmission
What is non-subscription broadcast transmission?
broadcasts of terrestrial radio stations that are licensed by the FCC that also broadcast over Internet and listeners are not charged a fee
True/False: some transmissions are still subject to compulsory license in the DPRSRA?
True
What is sound exchange?
a nonprofit organization that issues licenses and collects licenses fees for digital performances of sound recordings
What does Sound Exchange pay?
50% to copyright owner
45% to featured recording artist
2.5% to non-featured musicians
2.5% to non-featured vocalists
What is the public display right?
to show a copy of a work, either directly or by means of film, slide, television image, or any other device or process
What are the limitations to public display right?
- display of a single image at a single site
2. Display in situations where performance is exempted
