05BaskervillePP - Part 2: Songwriting, Publishing,...

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Part 2: Songwriting, Publishing, Copyright, and Licensing
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Chapter 5
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Start Thinking. . . 1. A composer is commissioned to write a piece of music for a film. Who owns the copyright—the composer or the film producers? 2. A church choir performs a nondramatic musical work during a Sunday service. Are they infringing copyright? 3. A CD store plays the latest album over the store’s sound system. Are they infringing copyright?
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Chapter Goals Acquire a clear understanding of copyright terminology. Learn which authors’ and composers’ rights are protected under the copyright statute. Gain an understanding of what is meant by “fair use” of copyrights. Learn the copyrighting process and what is required in respect to copyright “formalities.” Understand the “work made for hire” doctrine and how it works in the marketplace. Discover how copyrights can be transferred, assigned, recaptured, and terminated.
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Background Author of work may reap fruits for limited period First U.S. copyright law passed in 1790 Current copyright revision enacted in 1976 International copyright not automatic Universal Copyright Convention 1955 Berne Convention 1989 Goal of Congress: seek balance of interests between copyright owners and users Ultimate authority in copyright law = U.S. Constitution
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Essential Provisions 1. The 1976 statute preempts nearly all other copyright laws—both statutory and common law 2. The duration of copyright has been lengthened over the years: generally, life of author + 70 years 3. Performance royalties: sound recordings digital transmission musical works 1. Public broadcasters, cable systems, jukebox operators , schools, colleges to pay for use of copyrighted music
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Essential Provisions 5. Congress codified the principles as to what constitutes the “fair use defense” to otherwise infringing activity 6. Policies and rates of music use licenses were to be periodically reexamined 7. Some formal procedures, such as copyright notice and renewal, were treated more permissively, and others were eliminated
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Key Terms audio visual works best edition collective work compilation copies copyright owner (proprietor) created derivative work device, machine, process
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05BaskervillePP - Part 2: Songwriting, Publishing,...

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