The Reproduction Right

Question 1

What are the different types of licenses?

Answer 1

1. mechanical license - reproduce and distribute licensed works in recordings for a royalty on recordings sold
2. performance license - publicly perform for royalty
3. Synchronization license - reproduce and distribute in audiovisual recording for flat fee/royalty
4. print license - reproduce and distribute in printed form for royalty
5. distribution license - distribute

Question 2

True/False: mechanical license can be obtained regardless of whether the copyright owner gives permission

Answer 2

true

Question 3

True/False: the copyright owner has absolute control over first recording of their song

Answer 3

true

Question 4

True/False: compulsory license applies to non-dramatic works only

Answer 4

true

Question 5

What is a master use license?

Answer 5

use sound recording

Question 6

True/False: no changes are permitted in compulsory mechanical license

Answer 6

false; minor changes allowed

Question 7

How would one obtain compulsory license?

Answer 7

1. file notice of intent

2. Harry Fox

Question 8

What is the rate for a mechanical license?

Answer 8

9.1 cents per song or 1.75 cents per minute, whichever is greater

Question 9

Who are mechanical licenses usually negotiated by?

Answer 9

record company and copyright owner

Question 10

What is the controlled composition clause?

Answer 10

agreement between artists and record companies stating that the artist licenses at a reduced rate (usually 75%)

Question 11

What does Harry Fox commission?

Answer 11

6.75% of royalties

Question 12

Why would one use Harry Fox?

Answer 12

1. cost effective
2. periodically conducts audits
3. don’t have to request license from each publisher

Question 13

What is the foreign royalty rate?

Answer 13

percentage of retail or wholesale price

Question 14

What is the Digital Performance Right in Sound Recordings Act?

Answer 14

1995 - mechanical royalty paid for digital copies

Question 15

True/False: you must pay royalties on digital phonorecords of music lasting less than 30 seconds for promotional purposes

Answer 15

False

Question 16

When did federal copyright law protect sound recordings?

Answer 16

1972

Question 17

What does the copyright in a sound recording protect?

Answer 17

the copying of the actual recorded sounds, not against the imitation of those sounds - “dubbing limitation”

Question 18

What are Digital Audio Tapes (DATs)?

Answer 18

allows for consumers to make near perfect copies of recordings

Question 19

What is the Audio Home Recording Act (AHRA)?

Answer 19

allows consumers to copy recordings of copyrighted music for private, noncommercial use

Question 20

What are the 3 main provisions of the AHRA?

Answer 20

1. royalty system - required to pay royalty on sale
2. copy protection - serial copy management system (SCMS) to prevent serial copying in recording equipment
3. infringement exemption - exempts consumers from liability of direct copyright infringement for home taping

Question 21

What is sampling?

Answer 21

using part of an existing work in order to create a new work

Question 22

True/False: don’t need permission to use copyrighted work in sample

Answer 22

false

Question 23

What is a de minimis?

Answer 23

a very small or brief use of a copyrighted work that is too small to be important

Question 24

What is the purpose of a compulsory mechanical license?

Answer 24

to distribute to public for private use

Question 25

True/False: mechanical licenses are used for audiovisual works

Answer 25

false

Question 26

Are compulsory mechanical licenses commonly used?

Answer 26

No, usually negotiate mechanical licenses

Question 27

How do they generally pay royalties for mechanical licenses?

Answer 27

on records sold, not used