Music Copyright and Publishing Midterm Review 1.docx - Music Copyright and Publishing Midterm Review Initial recognition of author o Constitution is

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