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Mus 580
Publishing
30
Music
Graduate
09/28/2013

Additional Music Flashcards

 


 

Cards

Term
The rights for copyright holders
Definition
● reproduce the work
● distribute copies of the work
● perform the work publicly
● make a derivative work
Term
Basic history of copyright law. Where it originated and the major copyright legislation milestones in the USA
Definition
● originated from Statue of Anne → Prevented the copying of “writings” for 14 years
● French laws in 1791 and 1793 → encompassed other works of “fine art”
Term
What section of the USA Constitution does this come under?
Definition
● Article 1 Section 8
Term
What other items are addressed in that section?
Definition
● Laid out the powers of Congress
● Borrow Money/Regulate Commerce
● Rules of Naturalization
● Establish the Post Office
● Form Armies and Declare War
● Make Laws to enforce the Constitution
● Promote Science and Useful Arts
Term
The main points and copyright term in the Copyright Act of 1790
Definition
● First federal copyright law
● “fourteen years from the time of recording the title thereof”
● Does not include performance and mechanical rights
Term
The main points and copyright term in the Copyright Act of 1909
Definition
● Allows for the right to perform the work publicly
● Translate the work into other languages
● right of mechanical reproduction
● copyright notice required
● First term is 28 years with an option to renew for a total of 56 years
Term
The main points and copyright term in the Copyright Act of 1976
Definition
● Sound recordings defined → “original works have a fixed in tangible form”
● Phonorecords defined → “Physical objects in which sounds are fixed”
● Finally addressed TV, cable, movies, records
● Publication is “distribution to the public
● Spelled out “fair use”
● Life of the composer plus 50 years
● Broadened protection to works not published
● Right of Termination (begins 2013!)
● Went into effect January 1, 1978
Term
The outcome of the Berne Convention Implementation Act of 1988
Definition
● Not necessary to have the copyright notice on the work
● Work does not need to be registered, but you must register in order to file claims
● Transfer of ownership not required to be registered
● PD songs in the USA become protected
Term
What was changed in the Copyright Term Extension Act of 1998 (Sonny Bono Act)?
Definition
● Extended existing copyright by 20 years → now 70 years after the death of the composer
Term
What is the duration of a copyrighted work published since 1/1/78?
Definition
● 70 years after the death of the composer
Term
What if there is more than one writer?
Definition
● 70 years after last surviving writer
Term
How long is work for hire works covered in the USA?
Definition
● 95 years from publication
● 120 years from creation
Term
What’s a mechanical license?
Definition
● Authorization granted by the publisher to record and distribute a song in a format specifically for consumer (home) use.
Term
Why is it compulsory?
Definition
● The copyright owner must license to anyone who wants to use it in a phonorecord● It is compulsory if the work falls into these categories:
○ The song is non-dramatic musical work.
○ It has been previously recorded.
○ The previous recording has been distributed publicly in phonorecord.
○ The new recording doesn’t change the basic melody or fundamental character of the song.
Term
What is the statutory mechanical royalty rate?
Definition
● .091 cents up to 5 minutes
● 1.75 per minute over 5 minutes long
Term
Who sets the rates?
Definition
● Set by Copyright Royalty Board
Term
Are jukebox licenses compulsory?
Definition
● yes
Term
Are broadcast licenses compulsory?
Definition
● No
Term
Are cable re-broadcast licenses compulsory?
Definition
● Yes
Term
Explain what a synchronization license is
Definition
A license to use music in “timed synchronization” with visual images
Term
Know the difference between the master rights and the publishing rights
Definition
Master Rights - The owner of a song's Master Rights owns the song's sound recording. That means that if you want to use the song, as you know it by the original artist, you must clear the Master Rights. Clearing the Master Rights does not include Publishing Rights. Master Rights are useless to the requestor without the Publishing Rights.

● Publishing Rights – The owner of a song's Publishing owns the rights to the Composition. These rights need to be cleared in almost all instances
Term
Know all the Performing Rights organizations in the USA and some major foreign markets
Definition
● USA: ASCAP, BMI, SESAC
o Foreign
○ Canada – SOCAN
○ Mexico – SACM
○ UK – PRS – (Performing Rights Society)
○ France – SACEM
○ Holland – BUMA
○ China – Music Copyright Society of China
○ Peru - APDAYC
Term
What is SoundExchange?
Definition
● Digital Performance Royalties are paid then distributed through them
Term
Is there performance income in movie theatres:
Definition
a. In the USA? No
b. Outside the USA? Yes
Term
Royalty rates for different types of print music
Definition
● Sheet music - 20% of retail price
● P/V/G and Guitar Tab 10 -12.5% of retail
● Personality/Matching Folios 5% of SRP for NIL
● Educational - 10%
Paper Greetings - 5-8%
Reprint of lyrics on clothing - 8-11%
Term
Who is performance income outside the USA paid to?
Definition
Pay the local subpublisher’s share and writer’s share goes to (ASCAP, BMI, SESAC)
Term
How much do subpublishers keep?
Definition
● 10-50%
Term
Who usually owns the masters?
Definition
● If the an artist finances the production of his album, then the artists owns the master
● If the situation of the other way around where the studio or music label finances the production of the album, then the studio is the owner of the master
Term
Another name for a production music house?
Definition
● Music libraries
Term
What publisher owns most of the Beatles songs?
Definition
● Sony/ATV
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