Term
| Musical Works copyrights protect |
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Definition
| the underlying music and any accompanying lyrics |
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|
Term
| Sound Recording copyrights protect |
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Definition
|
|
Term
| what is considered a derivative of a copyrighted Musical Work |
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Definition
|
|
Term
| typically who owns the copyright on the musical work |
|
Definition
|
|
Term
| typically who owns the sound recording |
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Definition
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Term
| a sound recording copyright gives you these rights |
|
Definition
| reproduce, distribute, create derivatives |
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Term
| what are the 3 elements of infringement? |
|
Definition
prove ownership
prove accessibility of defendant
prove violation of exclusive right |
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Term
| can access be proven by circumstantial evidence alone? |
|
Definition
|
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Term
| what does the lay observer state? |
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Definition
| If, in the opinion of the jury, the defendant had access to the plaintiff’s work and the works are substantially similar or identical the plaintiff will win the suit. |
|
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Term
| what are some defenses to infringement |
|
Definition
plaintiff is not owner
improper registration
no access
works are not similar
fair use, de minimis
merger doctrine
estoppel |
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Term
| what are some remedies for infringement |
|
Definition
restraining orders
injunctions
writs of seizure
actual and statutory damages
attorney fees and court costs
criminal prosecution |
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Term
|
Definition
| in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. |
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Term
| what are some resolutions to infringement cases |
|
Definition
Cease and Desist Letter
Non-Disclosure Agreement
Non-Compete Agreement
Alternative Dispute Resolution (Arbitration, Mediation)
Negotiation and Settlement
Litigation |
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|
Term
| what is the role of the publisher |
|
Definition
To acquire new works to license by Licensing songwriters works
To negotiate on behalf of the songwriters.
To manage and market the songwriters works
To advance money needed to promote a song (plugging) |
|
|
Term
| what does the publisher receive in return for advancing money and other risks |
|
Definition
| management control and copyright ownership |
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|
Term
| what are some of the costs for a publisher |
|
Definition
acquiring product
product development
marketing
copyright admin
operating overhead |
|
|
Term
| how does a publisher acquire works to publish |
|
Definition
purchase existing songs/catalogs
licensing catalogs or songs
foreign acquisitions and licenses
contracting songwriters
co-publishing deals with other publishers |
|
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Term
| what type of products are protected by mechanical rights |
|
Definition
digital downloads
CDs, Tapes, Records
Videos, CD-Roms
Games/Toys
Music Boxes |
|
|
Term
| what type of products are protected by performing rights |
|
Definition
Radio/TV
live performances
juke boxes
background music |
|
|
Term
| what type of products are protected by print rights |
|
Definition
sheet music
books, serials
greeting cards
print ads |
|
|
Term
| what type of products are protected by sync rights |
|
Definition
movies, TV
videos/multimedia
documentaries/commercials |
|
|
Term
| what type of products are protected by transcription rights |
|
Definition
syndicated radio
piped music
commercial airlines
music libraries |
|
|
Term
| in a full service publisher what does the BUSINESS DEPT do |
|
Definition
legal contracts
licenses
insurance |
|
|
Term
| in a full service publisher what does the BUSINESS DEPT do |
|
Definition
Copyright registrations
filings
permissions |
|
|
Term
| in a full service publisher what does the FINANCIAL DEPT do |
|
Definition
accounting
royalties
taxes
payroll |
|
|
Term
| in a full service publisher what does the CREATIVE DEPT do |
|
Definition
SONG PLUGGING
WRITING
A&R
DEMOS |
|
|
Term
| in a full service publisher what does the MARKETING DEPT do |
|
Definition
promo
ads
press
media
public relations
art |
|
|
Term
| in a full service publisher what does the OPERATIONS DEPT do |
|
Definition
personnel
equipment
shipping |
|
|
Term
| in a full service publisher what does the PRINT DEPT do |
|
Definition
Design
art
printing
shipping
distribution |
|
|
Term
| in a full service publisher what does the International DEPT do |
|
Definition
| foreign licenses/acquisitions |
|
|
Term
| in a full service publisher what does the LIBRARY DEPT do |
|
Definition
|
|
Term
| in a full service publisher what does the Film & TV DEPT do |
|
Definition
|
|
Term
| in a full service publisher what does the JINGLE DEPT do |
|
Definition
production
marketing
synchronization |
|
|
Term
| in a full service publisher what does the CONCERT DEPT do |
|
Definition
arrangements
licensing
permissions |
|
|
Term
| in a full service publisher what does the THEATER DEPT do |
|
Definition
| grand & dramatic rights licensing |
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|
Term
| what do In-House publishers do? |
|
Definition
| Song plugging, Promotions, A&R, Creative, Contracts, Personnel |
|
|
Term
| what type of subcontractors do publishers frequent |
|
Definition
| Legal, CR Admin., Licensing, Press/PR, Print Sales, Foreign, Accounting, Royalties |
|
|
Term
| what is the first step to starting your publishing company? |
|
Definition
|
|
Term
| which licensing issue creates the most money? |
|
Definition
|
|
Term
| what is the second step to starting your publishing company? |
|
Definition
| join ASCAP, BMI, or SESAC |
|
|
Term
| what is the third step to starting your publishing company? |
|
Definition
| set up your business entity |
|
|
Term
| what is the fourth step to starting your publishing company? |
|
Definition
| set up FDIC bank account so royalties and other income can be deposited |
|
|
Term
| what is the fifth step to starting your publishing company? |
|
Definition
| join harry fox so they can issue licenses and collect your $dough$ |
|
|
Term
| what is the sixth step to starting your publishing company? |
|
Definition
| create a fresh/interactive website showcasing your catalog, remember its all about marketing!!! |
|
|
Term
| must a songwriter permit the recording of a cover song? |
|
Definition
| yes but there are stipulations |
|
|
Term
| what are the five things an artist must do to obtain a compulsory license |
|
Definition
the song must be previously distributed
song must be for record/CD and not TV
the cover artist must serve notice of intention within 30 days of recording
a monthly accounting is made
lyrics, melody are not changed from original w/o permission |
|
|
Term
| what is a compulsory license |
|
Definition
| a license obtained to cover a song |
|
|
Term
| what are print rights for |
|
Definition
| sheet music, band arrangements etc... |
|
|
Term
| what are grand rights used for? |
|
Definition
opera, musical theater, broadway style shows.
covers both music and dramatic performance
print, performance rights usually coupled with print rights |
|
|
Term
| what are foreign rights licenses used for? |
|
Definition
to issue songs in foreign countries
sometimes use a subpublisher to deal with special issues |
|
|
Term
| what are the different types of licenses available |
|
Definition
compulsory
mechanical
performance
sync |
|
|
Term
| how does a publisher acquire works to publish |
|
Definition
purchase existing songs/catalogs
licensing catalogs or songs
foreign acquisitions and licenses
contracting songwriters
co-publishing deals with other publishers |
|
|
Term
| what are the different types of publishers? |
|
Definition
Desk Drawer Publishers
Production Companies
Lone Rangers
Administrative Publishers
Banker Publishers
Full-Service Publishers |
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