Music Copyright and Publishing Midterm Review Initial recognition of author o Constitution is basis for CR law States don't have CR law – federal law Why CR is relevant to music business (name and define) o Ownership of Musical Work The song, including the music and lyrics combined Musical notes and words NOT the sound Sheet music Physical embodiment of a work o Ownership of Sound Recording Recorded performance of a sound Master recordings Most relevant in recording agreements o CR is intellectual property right We can only feel and hear embodiment of CR, not the CR itself Ways to acquire ownership of CR 1. Authors who created the work Creator 2. Work made for hire Created by employee within scope of employment No written agreement is required o Employer not creator owns CR Independent contractor With written agreement Producers, side artists, mixers, re-mixers 3. Written assignment In writing Signed by original owner 4. Bankruptcy 5. Inheritance (death) Registration of CR o Does not make registrant owner of work Payment does not override CR ownership Joint CR ownership o If no agreement: Each author owns work in equal shares Each author can use entire work Must pay other owner(s) equal revenue shares CR registration o Cant file lawsuit (CR infringement) without registration 1
o If you do register it, you have procedural advantage Determination of proof If plaintiff registers CR, defendant has to find proof (not the other way around like count proceedings usually are) o Prima Facia Registered in timely manner (before infringement): Claim statutory damages Recover attorney fees if you win Ownership of CR is established when work is fixed in tangible medium of expression o Once its fixed it CR cannot be destroyed Exclusive rights of CR owners 1. Right to create or reproduce copies 2. Distribute copies to public 3. Create derivative work 4. Musical Work: Publically preform work (am/fm radio) Publically display work 5. Sound Recording: Publically perform work through digital methods (internet, satellite radio) Duration of CR (after 1977) o If author known: Life of last living author + 70 years o If author unknown/work made for hire/pseudonym: 95 years after first publication 120 years after creation Whichever happens first Nothing to do with when CR was registered o Changing CR ownership does NOT impact duration of CR Band Agreement – Band agreement is the first legal issue that should be addressed by a band 1. Scope of services and corresponding assets By LLC: Recording services Live performances Merchandise/endorsements Fan club Songwriting services ALWAYS most problematic area 2. Income streams/allocation of income Income streams correspond to services controlled by entity (LLC) Determine allocation of income Can be even 2
Can be weighed to key member 3. Decision making
You've reached the end of your free preview.
Want to read all 12 pages?
- Fall '16
- Ed Fair