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 Musical Work o Sound Recording 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 o Authors who created the work o Work made for hire Created by employee within scope of employment Employer is owner Independent contractor With written agreement Producers, side artists, mixers, re-mixers o Written assignment o Bankruptcy o 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 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
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- Fall '16
- Ed Fair