Week 3

Question 1

Author

Answer 1

Someone who creates

Question 2

Berne Convention AKA Berne Treaty

Answer 2

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886.

Question 3

Collective Work

Answer 3

For copyright purposes, a work in which a number separate and independent works are joined into a collective whole and registered as such.

Question 4

Compulsory license

Answer 4

Provision of copyright law which permits artist to record another’s composition and pay a monthly, statutorily-set royalty for such use at any time after the composition has been previously recorded and distributed as a phonorecord. See “first use” “mechanical license,” “Phonorecord” and “statutory rate” C.f., “interpret license.”

Question 5

Copyright

Answer 5

Limited monopoly establishing the exclusive right the creator of work of literary or artistic nature control publication and copying of that work. Copyright exist from the moment that work is embodied in tangible form, although registration is neccessary to allow for claims under copyright law (Title 17 of the United States Code). The specific rights protected by copyrights are : (1) the right to reproduce the copies od work; (2) The right to distribute the work. (3) The right to control derivatives works; (4)public performance rights; and (5) Public display rights. Additionally, the rights of “first use:” with respect to the enumerated rights is inherent. (C.f. “compulsory license”)

Question 6

Disclosure

Answer 6

The release of information about a person or entity. Of a corporation, the filing of documents and statements required by law; in litigation, the release of documents and other information subpoenaed or otherwise sought by the other side.

Question 7

Exemplar

Answer 7

A sample or example, usually of handwriting, signature or other personally identifiable trait, used for comparison to verify or challenge authenticity of a writing

Question 8

Facsimile

Answer 8

an exact copy, especially of written or printed material.

Question 9

Fair use

Answer 9

The protected privilege to use copyrighted material in a reasonable manner without the express consent of copyright owner

Question 10

First Sale

Answer 10

Royalties are only earned on the 1st sale of each copy of a copyrighted work and that subsequent leasing for sale of that particular copy will not give rise to additional royalties

Question 11

First Use

Answer 11

In copyright law, the exclusive right of the creator of a work to control the 1st publication, release, or other initial use of that work.

Question 12

Infringe

Answer 12

To trespass or encroach upon the rights or property of another, particularly with the respect to intellectual property.

Question 13

Injunction

Answer 13

A court order compelling someone to do something or to refrain from doing something.

Question 14

Library of Congress

Answer 14

Govermental agency which is responsible for accepting registration of copyright, maintaining copyright records, accepting deposit of royalty payments, and generally administrating all matters related to copyright.

Question 15

Lien

Answer 15

Claim or charge against property to funds for goods or services renders to that property. Anyone which performs work on a project may be entitled to enforce a lien.

Question 16

Master use license

Answer 16

Agreement permitting the use of a preexisting master recording. Such license conveys rights to use only the recording itself, and does not convey rights with respect to the musical composition or other copyrighted material emboidied in the recordings. (see “sync license” and “synchronization rights”

Question 17

Mechanical License

Answer 17

license granted by owner of copyright to composition, permitting license to commercially record and release that composition for royalty rate and/or fee, and within a particular territory, as specified within the license. (see “compulsory license” and “incept license”

Question 18

Parody

Answer 18

Humorous, satirical and/ or editorial work derived from an existing song, play, writing or other work of art. (see “Fair Use”

Question 19

Phonorecord

Answer 19

In Copyright matters, Phonorecord refers to any physical object (e.g, A vinyl record, a compact disc, a cassette tape, ect) Which is capable of preserving

Question 20

Phonorecord

Answer 20

In Copyright matters, Phonorecord refers to any physical object (e.g, A vinyl record, a compact disc, a cassette tape, ect) Which is capable of preserving recorded sounds to be reproduced and heard, usually through the use of some machine.

Question 21

Pseudonym

Answer 21

That which is done under a fictitious name.

Question 22

Public domain

Answer 22

refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it.

Question 23

Royalty

Answer 23

Feed due to the owner of a licensable right (e.g., copyright; patent) from the license for use of such right.

Question 24

Sampling

Answer 24

Use of a portion of a prior recording within a newly recorded work.

Question 25

Small Right

Answer 25

The right to perform a musical work publicly and work profit, either through live performance or by broadcast.

Question 26

Song

Answer 26

An artistic work which combines word and music as an integrated whole.

Question 27

Song writer

Answer 27

Author of songs

Question 28

SoundExchange

Answer 28

is a non-profit performance rights organization that collects and distributes royalties on the behalf of sound recording copyright owners (SRCOs — record labels, generally) and featured artists for non-interactive digital transmissions, including satellite, Internet radio, and cable television music channels. In addition to music, SoundExchange also collects royalties for comedy and spoken word recordings.

Question 29

Statutory

Answer 29

On the basis of a written law. See “de jure” and “malum Prohibitum”

Question 30

Statutory Rate

Answer 30

The royalty rate fixed by law, payable to the copyright owner of a composition (publisher), unless there is an agreement (mechanical licens) As of January 2006, the statutory rate per track was raised to 9.1c for five minutes or less, with an additional 1.7c for each minute fraction over five minutes.

Question 31

Streaming

Answer 31

a method of transmitting or receiving data (especially video and audio material) over a computer network as a steady, continuous flow, allowing playback to proceed while subsequent data is being received.

Question 32

Substantial Performance

Answer 32

is an alternative principle to the perfect tender rule. It allows a court to imply a term that allows a partial or substantially similar performance to stand in for the performance specified in the contract.

Question 33

Sui generis

Answer 33

Literally, “of its own kind.”, One of a kind, unique; irreplaceable. Not fungible

Question 34

Sync License

Answer 34

A music synchronization license, or “sync” for short, is a music license granted by the holder of the copyright of a particular composition, allowing the licensee to synchronize (“sync”) music with some kind of visual media output (film, television shows, advertisements, video games, accompanying website music, movie trailers, etc.)

Question 35

Transcription License

Answer 35

A synchronization license (also called a synch [pronounced “sink”] license) is a license to use music in timed synchronization with visual images. A classic example is a song in a motion picture, where the song is synchronized with the action on the screen.

Question 36

Transfer

Answer 36

Change of possession or ownership of property from one person to another.

Question 37

Treaty

Answer 37

a pact between nations which, if entered into by the United States through its Executive Branch, must be approved by “two-thirds of the Senators present,” under Article II, section 2 of the Constitution, to become effective. Presidents sometimes get around the Senate by entering into “Executive Agreements” with leaders of other countries which are a mode of cooperation and not enforceable treaties.

Question 38

Tune

Answer 38

The musical portion of a song, as distinct from its lyrics.

Question 39

Turnaround

Answer 39

Return of masters or composition to the original owner or artist, generally at a point in time fixed by contract or based upon non-use by the possessor. See “reversion”

Question 40

Vested

Answer 40

Referring to one’s right, title, ownership or interest having been duly established as being absolute

Question 41

Work for hire

Answer 41

is a work subject to copyright that is created by an employee as part of his job, or some limited types of works for which all parties agree in writing to the WFH designation.

Question 42

Writer

Answer 42

A Composer
    A Songwriter
    A Lyricist
    A Music copyist (a specialized calligrapher)
    A Music critic
    A writer who deals with music

Question 43

Writer’s share

Answer 43

“With the exception of print music, income from musical compositions is generally split on a 50/50 basis between the music publisher and writer. The publisher’s half of this income is called the “publisher’s share,” and the writer’s half is the ‘writer’s share.’