Rights Management

Question 1

What are primary rights for printed books? (2)

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 does chain of title for video contain? (3)

Answer 5

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 6

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

Answer 6

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 7

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

Answer 7

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 8

What is the option process for film? (2)

Answer 8

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 9

How can a film infringe trademark?

Answer 9

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 10

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

Answer 10

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 11

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

Answer 11

Furniture, electronics, clothing etc
Generally unprotected by copyright, except
1) some decorative (not purely functional) features of a useful item. But can only infringe copyright by reproducing design on similar goods. Cannot infringe by filming images of it
2) useful items may contain conceptually separable works (capable of existing independently of work, like illustration of shirt). Technically, can infringe copyright by reproducing such works on screen. Proceed with caution.

Question 12

How are copyrights assigned in a single song? (3)

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? (2)

Answer 16

1) clear master rights with owner (record label): rights to use sound recording
2) clear synch rights with songwriter: rights to synchronise tune and lyrics with images

Question 17

What does it mean to play music in public? (2)

Answer 17

1) playing live/recorded

2) public: to substantial number of people, not just family & social acquaintances

Question 18

What is the performance rights organisation (PRO)?

Answer 18

Helps you pay writers/publishers of composition & lyrics if you play their music in public

Question 19

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

Answer 19

1) live public performance/playing recording requires publisher/PRO permission
2) annual licenses for venues & radio stations
3) permits for [one-off] events

Question 20

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

Answer 20

1) Primary liability for user that commits infringement
2) Secondary liability for service if service knows of infringement. Exception: can avoid liability if service receives notice of infringing material from 3rd party (rights owner) & takes it down

Question 21

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

Answer 21

before 2007: not required to monitor for infringement, as long as they see notice & take down what’s required
since 2007: YouTube’s content ID will detect songs

Question 22

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

Answer 22

1) ask youtube to take it down

2) allow it to stay, but ask YouTube to share ad revenue with rights owners

Question 23

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

Answer 23

1) breaches ticket contract (of forbidding recording)
2) infringes performers’ right to authorise recording
3) infringes songwriter/publisher’s composition rights

Question 24

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

Answer 24

1) allow
2) ask youtube to take it down
3) some concert promoters choose to allow non-professional recording anyway