The Reproduction Right Flashcards
What are the different types of licenses?
- mechanical license - reproduce and distribute licensed works in recordings for a royalty on recordings sold
- performance license - publicly perform for royalty
- Synchronization license - reproduce and distribute in audiovisual recording for flat fee/royalty
- print license - reproduce and distribute in printed form for royalty
- distribution license - distribute
True/False: mechanical license can be obtained regardless of whether the copyright owner gives permission
true
True/False: the copyright owner has absolute control over first recording of their song
true
True/False: compulsory license applies to non-dramatic works only
true
What is a master use license?
use sound recording
True/False: no changes are permitted in compulsory mechanical license
false; minor changes allowed
How would one obtain compulsory license?
- file notice of intent
2. Harry Fox
What is the rate for a mechanical license?
9.1 cents per song or 1.75 cents per minute, whichever is greater
Who are mechanical licenses usually negotiated by?
record company and copyright owner
What is the controlled composition clause?
agreement between artists and record companies stating that the artist licenses at a reduced rate (usually 75%)
What does Harry Fox commission?
6.75% of royalties
Why would one use Harry Fox?
- cost effective
- periodically conducts audits
- don’t have to request license from each publisher
What is the foreign royalty rate?
percentage of retail or wholesale price
What is the Digital Performance Right in Sound Recordings Act?
1995 - mechanical royalty paid for digital copies
True/False: you must pay royalties on digital phonorecords of music lasting less than 30 seconds for promotional purposes
False
When did federal copyright law protect sound recordings?
1972
What does the copyright in a sound recording protect?
the copying of the actual recorded sounds, not against the imitation of those sounds - “dubbing limitation”
What are Digital Audio Tapes (DATs)?
allows for consumers to make near perfect copies of recordings
What is the Audio Home Recording Act (AHRA)?
allows consumers to copy recordings of copyrighted music for private, noncommercial use
What are the 3 main provisions of the AHRA?
- royalty system - required to pay royalty on sale
- copy protection - serial copy management system (SCMS) to prevent serial copying in recording equipment
- infringement exemption - exempts consumers from liability of direct copyright infringement for home taping
What is sampling?
using part of an existing work in order to create a new work
True/False: don’t need permission to use copyrighted work in sample
false
What is a de minimis?
a very small or brief use of a copyrighted work that is too small to be important
What is the purpose of a compulsory mechanical license?
to distribute to public for private use
True/False: mechanical licenses are used for audiovisual works
false
Are compulsory mechanical licenses commonly used?
No, usually negotiate mechanical licenses
How do they generally pay royalties for mechanical licenses?
on records sold, not used
