Term
| What are the basic rights of copyright? |
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Definition
The right to...
1) Reproduce the work in copies or phonorecords
2.) Prepare deriviative works based upon the protected work.
3.) Distribute copies of the work publicly
4.) Perform the work publicly
5.) Display the work publicly
6.) Perform sound recording publicly by means of digital audio transmission |
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Term
| The rights to reproduce a non-dramatic musical work for distribution to the public is exclusive to the copyright owner BUT is subject to what...?? |
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Definition
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Term
| What is the current compulsory mechanical license rate? |
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Definition
| 9.1 cents per copy or 1.75 cents per minute of playing time, whichever is greater. |
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Term
| When is the next scheduled adjustment in the compulsory rate? |
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Definition
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Term
| What are the conditions of the compulsory mechanical license? |
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Definition
-It includes the right to make a new arrangement but NOT a derivative work
- Must serve a notice to the copyright owner
- Pay royalties monthly |
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Term
| What is the compulsory mechanical rate for limited downloads? |
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Definition
| 10.5 percent of service provider's revenues |
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Term
| What is the compulsory mechanical rate of ringtones? |
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Definition
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Term
| What is the compulsory mechanical rate for interactive streaming? |
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Definition
| 10.5 percent of service provider's revenues |
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Term
| If non-interactive streaming does NOT require a compulsory mechanical license, then what does it require? |
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Definition
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Term
| What is the musical composition performance royalty for interactive streaming? |
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Definition
| 5.5% of service provider's revenues |
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Term
| What company issues out mechanical licenses? |
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Definition
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Term
| What prohibits the importation or exportation w/o the authority of the copyright owner of copies and also prohibits the importation of copies lawfully made outside of the US for distribution in foreign countries that are later imported into the US w/o the copyright owner's permission? |
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Definition
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Term
| What doctrine states that the lawful owner of a work may sell "or otherwise dispose of the possession of that particular copy."? |
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Definition
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Term
| Can the possessor of a rented copy further rent that copy? |
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Definition
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Term
| What prevents rental of computer software without the copyright owner's permission? |
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Definition
| Computer Software Rental Amendment of 1990 |
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Term
| What sort of computer software is excluded from the Computer Software Rental Amendment of 1990? |
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Definition
| Software intended for use in dedicated video game machines only or as part of a machine where the program is not copyable in the ordinary course of the machine. |
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Term
| What prevents the rental of sound recordings without the copyright owner's permission? |
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Definition
| The Record Rental Amendment of 1984 |
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Term
| What must sound recording copyright owners do in order to rent the sound recording? |
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Definition
| Pay the song (musical composition) copyright owners a share of the rental revenues equal to the share of the revenues the licensors get from sale of the records. |
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Term
| What are the three ways to perform a work "publicly?" |
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Definition
To perform...
1) at a place open to the public (restaurant , bar)
2.) at a place where a substantial # of ppl outside of a normal circle of a family & its social acquaintances is gathered (private & country clubs)
3.) To transmit to one of the above kinds of places or to the public, whether or not it is actually received. |
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Term
| Are non-profit organizations exempt from having to pay a public performance license? |
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Definition
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Term
| Under what conditions are public schools and colleges exempt from paying a public performance license? |
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Definition
| When the performance of nondramatic literary or musical work is played during classroom teaching, face to face. |
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Term
| Under what condition are churches and other assemblies of worship exempt from paying a public performance license fee? |
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Definition
| When performance of a non-dramatic literary or musical work is played DURING the course of services. |
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Term
| Under what conditions is a non-profit organization or event exempt from paying a public performance license fee? |
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Definition
1.) When there is no purpose of direct or indirect commercial advantage
2.) When there is no payment or other compensation for performers, promoters, or organizers
3.) When there is no direct or indirect admission charge or any proceeds after reasonable expenses go to educational, charitable, or religious purposes.
4.) When there is no written objection from the copyright owner |
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Term
| Under what conditions are music stores exempt from paying a public performance license fee? |
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Definition
| When the store performs non-dramatic musical works which they are selling copies of within the store, or for the purpose of demonstrating the equipment that plays the recordings. |
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Term
| Under what condition can people play their music at home without having to pay a public performance license fee? |
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Definition
| When the transmission of any kind of work is on a single receiving apparatus of the kind normally found in the home where there is no charge to see or hear the transmission and there is no further transmission (i.e. radio at home). |
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Term
| Under the Fairness of Musical Licensing, what size must a food and drink establishment be in order to have a public reception or retransmission of a nondramatic musical work without paying a public performance licensing fee? |
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Definition
| LESS THAN 3750 SQUARE FEET |
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Term
| Under the Fairness of Musical Licensing, what size does a NON-food and drink establishment have to be in order to have public reception or retransmission of a nondramatic musical work w/o paying a public performance fee? |
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Definition
| LESS THAN 2,000 SQUARE FEET |
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Term
| Under the Fairness of Musical Licensing, what is the maximum number of loudspeakers an establishment can have before they have to pay a public performance fee? How many loudspeakers in one room? |
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Definition
| No more than SIX loudspeakers overall, and no more than FOUR loudspeakers in one room. |
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Term
| Under the Fairness of Musical Licensing, under what condition is an establishment exempt from paying a public performance license for an audiovisual performance? |
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Definition
| If the establishment has LESS THAN FOUR audiovisual devices total, and no more than ONE in any room. |
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Term
| What type of performance involves the use of a musical composition that is woven into and carries forward a definite plot and is accompanying action? |
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Definition
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Term
| What are performance rights for dramatico-musical works such as Broadway musicals or operas called? |
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Definition
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Term
| What are performance rights of a single, non-dramatic musical work called? (i.e pop songs) |
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Definition
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Term
| What are the four rights in SOUND RECORDINGS? |
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Definition
Right to...
1.) Reproduce & distribute to the public, including digital transmission
2.) Control rental distribution
3.) Create derivative works where original sounds are rearranged, remixed, or altered in sequence or quality.
4.) Public performance by digital audio transmission (includes Webcasting, background music services, and interactive services) |
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Term
| What do the rights in sound recordings apply to? |
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Definition
Applies to...
1.) The sounds fixed
2.) All kinds of sounds
3.) both published as well as unpublished recordings |
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Term
| What do the rights in sound recordings NOT apply to? |
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Definition
Does NOT apply to..
1.) underlying works
2.) the audio portion of audio-visual works |
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Term
| What was the Digital Performance Right in Sound Recordings Act of 1995 (DAPSR Act) amended in 1998 to include? |
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Definition
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Term
| What is the Digital Audio Performance Right for Sound Recordings Act of 1995 limited to? |
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Definition
| DIGITAL transmissions by subscription services, interactive or non-interactive services, INCLUDING internet simulcasts of regular broadcast transmissions. |
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Term
| What type of broadcasts are exempt from the provisions of the Digital Audio Performance Right for Sound Recordings? |
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Definition
| OVER-THE-AIR broadcasts, even if they are digital (as in digital radio broadcasts) |
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Term
| As of 2010, what is the basic Webcaster compulsory rate charged to Webcasters by SoundExchange? |
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Definition
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Term
| What is the compulsory rate for sound recordings publicly performed by webcasters with LARGE revenues (e.g. Pandora)? |
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Definition
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Term
| What is the compulsory rate for sound recordings publicly performed by small webcasters (less than $1.25 million gross revenue)? |
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Definition
| 12% - 14% of revenues with a minimum license of $25,000 per year. |
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Term
| As of 2010, what is the compulsory rate for public performance of sound recordings fee via Satellite (e.g. Sirius/XM)? |
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Definition
| 7 percent of total revenue |
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Term
| Who collects the royalties for public performance of sound recordings by digital audio transmission? |
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Definition
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Term
| What are regular broadcasters who stream their signals over the Web treated as? |
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Definition
| non-interactive services (subject to the compulsory performance license fee right along with webcasters and interactive services) |
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Term
| How are the royalties split for public performance of sound recordings by digital audio transmission? |
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Definition
- 2.5% goes to AFM
- 2.5% goes to AFTRA
- 45% goes to featured artist
- 50% goes to labels |
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Term
| What is the independent organization originally founded by the RIAA that negotiates licenses and collects and distributes royalties called? |
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Definition
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Term
| What objects does the Audio Home Recording Act of 1992 apply to? |
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Definition
| All current and future digital recording devices designed for and sold primarily to consumers, and blank media for those devices. For now, this includes DAT, DCC, Mini-Disc and CD-R. |
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Term
| What objects are EXEMPT from the provisions of the Audio Home Recording Act of 1992? |
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Definition
-PROFESSIONAL machines and PROFESSIONAL blank media
- Machines and media primarily intended for non-musical recording (i.e. computers). |
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Term
| What system prevents making more than a single generation of digital copies? |
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Definition
| the Serial Copy Management System (SCMS) |
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Term
| What must all digital audio recorders manufactured in the U.S. contain, including digital audio recorders imported for sale in the U.S. contain? |
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Definition
| the Serial Copy Management System (SCMS) |
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Term
| What organization distributes the royalties collected from all importers or manufacturers of consumer digital audio recorders and blank media? |
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Definition
| The Alliance of Artists and Recording Companies (A.A.R.C) |
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Term
| What is the royalty rate placed on each recorder sold? |
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Definition
| 2% of wholesale price, with a minimum royalty of $1.00 and a maximum of $8.00. |
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Term
| What is the royalty rate placed on each DUAL recorder sold? |
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Definition
| Same as a regular recorder (2% of wholesale price) except with a maximum of $12.00. |
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Term
| What is the digital blank media royalty placed on blank media per unit? |
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Definition
| 3% of the wholesale price |
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Term
| Who collects the royalties for digital recorders and blank media? |
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Definition
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Term
| How are the total royalties for digital recorders and blank media split between the sound recording and the musical work? |
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Definition
| 2/3 of the total royalties go in the sound recording fund; 1/3 of the total royalties go in the musical works fund |
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Term
| How are the royalties for digital recorders and blank media split between record labels and artist / publishers and songwriters? |
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Definition
| Labels get about 60% of the sound recording fund, artists get 40%. Publishers and songwriters split the musical work fund 50/50. |
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Term
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Definition
| American Federation of Musicians |
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Term
| What does AFTRA stand for? |
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Definition
| American Federation of Television and Radio Artists |
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Term
| What types of copying are exempt from the provision of the Audio Home Recording Act of 1992? |
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Definition
| Both analog and digital NON-COMMERCIAL copying |
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Term
| What three things are performers of live musical events given the right to STOP? |
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Definition
Right to STOP...
1.) the recording (fixation) of the sounds or images of their performances
2.) transmission of other communication of their live musical performances
3.) distribution, sale, or rental of copies or videos of their performances |
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Term
| What is the penalty for "bootlegging?" |
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Definition
| Maximum of five years imprisonment first offense; up to 10 years second or subsequent offenses; forfeiture and destruction of copies and masters; fines determined under the federal sentencing guidelines |
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Term
| When did Congress ratify the U.S. Membership in the World Trade Organization (W.T.O)? |
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Definition
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Term
| 99% of mechanical licenses are WHAT instead of compulsory? |
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Definition
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Term
| What is the result of failing to pay a license, and STILL failing to pay after being given notice of delinquency? |
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Definition
| Automatic loss of license |
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Term
| What type of rights are the rights to reproduce non-dramatic musical works in phonorecords for distribution to the public? |
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Definition
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Term
| What is a limitation on the right to reproduce copies? (Mechanical rights are subject to this) |
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Definition
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Term
| What is s the unauthorized or prohibited use of works covered by copyright law, in a way that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works? |
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Definition
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