Rights Management

Question 1

What are primary rights for printed books?

Answer 1

Reproduction & Distribution

Question 2

What are the 2 types of revenue an author can receive?

Answer 2

1) Royalties: percentage of revenue based on sales, at agreed-upon intervals.
2) Advance on royalties: author gets some of the royalties that the book is likely to get before it’s published (not additional payment)

Question 3

What are subsidiary rights for printed books?

Answer 3

Rights to make adaptations (derivative works) that are different enough from the original to be regarded as new works (e-books count too btw)

Question 4

What are 2 worldwide rights for printed books?

Answer 4

1) translation rights

2) sale of other editions to publisher in another territory

Question 5

What is the option process for film?

Answer 5

1) movie producers pay an author a fee for an option, which is the exclusive right to develop a film for a limited period, without competition
2) after period (usually 1-1.5 years), producer may exercise the option (buy the subsidiary right). If producer doesn’t seek option, author is free to seek other producers

Question 6

How can a film infringe trademark?

Answer 6

They cannot infringe a trademark by showing it on a film. Trademark owners may send lawyer’s letters to not use their trademarks, even if they won’t win the lawsuit

Question 7

Why are brands getting control of their placement, even though they aren’t legally entitled to?

Answer 7

1) Excessive caution: filmmakers don’t want lawyers’ threats slowing them down
2) avoid giving free advertising to brands
3) brands may have copyright protection of their logos & technically, films may infringe it (word marks are ok, but not designs)

Question 8

What are useful items on screen and are they protected by copyright? (2)

Question 9

What does chain of title for video contain?

Answer 9

Documentation of:

1) ownership of intellectual product/permission to use it
2) waivers/releases of legal claims
3) warranties (guarantees) that the video has no legal problems

Question 10

What is the Errors & Omissions (E&O) insurance?

Answer 10

Insurance that provides coverage for legal liability that results from problems in the CoT. Most film distributors require it as they can be held liable for problems, along with producers of film

Question 11

To get a chain of title from video, what is required from the author?

Answer 11

1) Author’s warranty: guarantees producer that the book has no legal issues (exclusive to the producer, original work etc)
2) Right to make the film: through option process

Question 12

How are copyrights assigned in a single song?

Answer 12

1) writers & composer get composition rights (and also “synch” rights)
2) makers of recording (label) owns the song: master use rights
3) performer gets right to authorise recording

Question 13

What is a cover?

Answer 13

The performance of a song that someone else recorded first, with no changes to lyrics & fundamental changes to music

Question 14

To cover a song, what rights do you need to clear?

Answer 14

Coverer may negotiate permission/royalties with publisher/songwriter, but this is not compulsory.

Question 15

What is the compulsory license of a song?

Answer 15

Copyright owner cannot refuse license if coverer pays [standard royalties based on sales]

Question 16

To use a song in a video, what must the video producer do?

Question 17

What is the performance rights organisation (PRO)?

Question 18

To play music in public, what is required? (3 scenarios)

Question 19

What are the possible liabilities when one posts others’ work on YouTube? (2)

Question 20

What can rights owners do if they see a video with their song playing in the background? (2)

Question 21

What is YouTube required to do about infringement in US? (2)

Question 22

What does your unauthorised recording of concerts do? (3)

Question 23

What can rights owners do if they see an unauthorised recording of their concert on YouTube? (3)