Term
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Definition
| ● A limited duration monopoly |
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Term
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Definition
| ● Original works of sufficient materiality |
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Term
| When does something become copyrighted? |
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Definition
| ● As soon as you make a tangible copy |
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Term
| Are you required to register your copyright with the Copyright Office? |
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Definition
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Term
| What are the exceptions to the copyright monopoly? |
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Definition
● Cable television rebroadcast
● Public broadcasting system
● Jukeboxes
● Digital Performance of Records
● Phonorecords and digital downloads of nondramatic music compositions |
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Term
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Definition
| ● Includes plays, screenplays, scripts, choreographic notation, choreographic shows and scenarios for a film (but not the film itself). Any work that is intended to be performed dramatically is a dramatic work. |
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Term
| When did mechanicals first appear in the copyright law? |
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Definition
| ● The 1909 Copyright Act, section 115 |
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Term
| What does “mechanical” mean? |
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Definition
● Once a song has been recorded and released to the public, the copyright owner must license it to anyone who wants to use it in a phonorecord (defined as such in the Copyright Act) for a specific payment established by the law.
● Refers to payments for devices “serving to mechanically reproduce sound” |
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Term
| When does a mechanical license become compulsory? |
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Definition
| ● If the song has already been released |
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Term
| Under what conditions is a copyright owner required to issue a mechanical license? |
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Definition
● The song is a non-dramatic musical work
● It has been previously recorded
● The previous recording has been distributed publicly in phonorecords
● The new recording doesn’t change the basic melody or fundamental character of the song
● The new recording is only used in phonorecords (audio-only recordings). Excludes home video. No compulsory license for DVDs. |
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Term
| Are mechanicals paid on free goods? |
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Definition
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Term
| What is the makeup and function of the Copyright Royalty Board? |
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Definition
| ● Three judge panel that sets the mechanical royalty rates, cable TV secondary transmissions, non-commercial broadcasts for non-dramatic works, digital performance of sound recordings, and digital delivery of phonorecords |
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Term
| What are foreign mechanicals based on? |
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Definition
| ● Paid as a % of the wholesale price |
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Term
| What are the main functions of a publisher? |
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Definition
● Administration Rights
● All obligations
● Finding users, issuing licenses, collecting money, and paying the writer |
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Term
| How do publishers normally split the money with their writers? |
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Definition
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Term
| What are the various types of music publishers? |
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Definition
● Majors
● Major Affiliates
● Independents
● Writer Publishers |
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Term
| What are the major sources of music publishing income? |
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Definition
● Mechanicals
● Performance
● Synchronization
● Print |
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Term
| What is the name of the company that issues mechanical licenses in the USA? Canada? |
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Definition
● Harry Fox Agency
● Canadian Musical Reproduction Rights Agency |
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Term
| What fees to they take for their services? |
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Definition
● Harry Fox 8.5%
● CMRRA 6% |
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Term
| What else do these organizations do? |
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Definition
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Term
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Definition
| ● Quarterly, 45 days after the close of the quarter |
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Term
| Do record companies normally pay the full statutory rate? |
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Definition
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Term
| If not, what rate do they normally pay? |
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Definition
| ● Normally in the 75% of statutory rate range |
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Term
| Understand what a Controlled Composition Clause is and the various rates paid under it |
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Definition
● Controlled Composition Clause - Puts a limit on how much the record company has to pay for each controlled composition.
● Normal Rate – 75%
● Record clubs or budget records – 50%
● Albums – usually ten times the single song rate per album
● No mechanical free goods on CC
● No – mechanical paid for multiple uses
● PD Songs – No or 50% the normal royalty |
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Term
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Definition
| ● Digital Phonorecord Delivery |
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Term
| When was this added to the copyright law? |
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Definition
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Term
| How licenses with venues are normally issued? |
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Definition
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Term
| Can a writer affiliate with more than one PRO? |
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Definition
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Term
| Can a publisher affiliate with more than on PRO? |
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Definition
| ● Yes, but under different names |
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Term
| Know how song usages are tracked in: |
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Definition
a. TV - Cue Sheets
b. Movies – Not in US, Foreign based on the box office sales.
c. Radio - Logs or digital monitoring services such as BDS
d. Live performances - Set lists |
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Term
| What are the ranges of synch fees for use in different parts of a movie? |
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Definition
● Major Studio: $10,000-$100,000
● Main Title: $50,000-$250,000
● End Title: $35,000-$100,000 |
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Term
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Definition
● Most Favored Nations
● Everyone is paid the same rate |
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Term
| What are the normal fees for video synch? |
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Definition
| ● Flat Fee - $8,000 - $10,000 |
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Term
| Know the difference between interactive and non-interactive radio |
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Definition
● The main difference between interactive and non-interactive stations is the ability to skip songs
● Interactive - can skip and choose (Spotify)
● Non-interactive stations - same stream that is being broadcast over the air (Pandora) |
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Term
| What are the royalties based on? |
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Definition
● Subscription fees
● Advertising |
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Term
| What is a Mixed Bundled Service? |
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Definition
| ● a locker service, limited interactive service, downloads or ringtones combined with a non-music product such as a mobile phone, consumer electronics device or Internet service |
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Term
| What’s a Paid Locker Service? |
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Definition
| ● provide access to sound recordings of musical works in the form of interactive streams, permanent digital downloads, restricted downloads or ringtones, where the services has been purchased by the end-user |
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Term
| What’s a Purchased Content Locker? |
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Definition
| ● a free locker functionally provided to a purchaser of a permanent digital download, ringtone or CD where the music provider and locker have an agreement |
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Term
| What fees do foreign subpublishers take? |
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Definition
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Term
| What does “At Source” mean? |
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Definition
| ● % taken based on the earnings in that country |
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Term
| Know about DART and the Audio Home Recording Act of 1992 |
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Definition
● Okay to copy records at home for private non-commercial use
● Imposes a tax on digital audio recorders and digital audio tapes |
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Term
| What is included in this act? |
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Definition
● Okay to copy records at home for private non-commercial use
● Imposes a tax on digital audio recorders and digital audio tapes |
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Term
| What is the most important thing to do when setting up a publishing company? |
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Definition
| ● Register the name with a PRO |
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Term
| What other things do you need to do |
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Definition
● Affiliate as a writer
● Fictitious Business Name Published
● Register the copyrights
● Register the songs |
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Term
| Who normally pays royalties to songwriters? |
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Definition
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Term
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Definition
| ● Performance and DART money |
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Term
| What does “co-terminous” mean? |
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Definition
| ● Two or more deals with the same term |
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Term
| What is a “Passive 360 Deal”? |
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Definition
● Limit of participation to mechanicals
● Only publishing if the artist has a record deal
● Only on the records by that artist |
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Term
| With one songwriter writing the music and another one writing the lyrics, who controls each part of the song? |
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Definition
| ● if you write the lyrics you own 50% of the entire song |
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Term
| With different types of music uses, know who is responsible for collecting the money and paying the publisher? |
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Definition
● Broadcast (TV, Radio) - Publisher’s PRO. who collects from broadcasters
● Non Broadcast Performance (clubs, hotels) - Publisher’s PRO, who collects from these venues
● Mechanical Royalties- Recording Company
● Sheet Music Sales - Publisher’s Print Music Licensee
● Synchronization of music - Movie, video or game producers
● Special Permissions (greeting Cards) - publisher’s licensee
● Jukeboxes - Publisher’s PRO
● Dramatic - Producer of the dramatic performance
● Foreign Rights - Subpublishers, licensees abroad |
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Term
| What is “Net Publisher’s Share” or NPS? |
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Definition
| ● Two or more people share the copyright to a song |
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Term
| What is the normal range for publisher administration fees? |
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Definition
| ● 10 - 25 % of gross income range deducted first before anything else |
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Term
| What are some of the direct expenses that are deducted before the publisher receives their NPS? |
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Definition
| ● Copyright office, demo costs, collection fees, legal costs, preparation of lead sheets |
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Term
| Know the different types of publisher admin deals? |
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Definition
● One Administration
● One Administrator with Restrictions
● One Administrator with Direct Payment to Other Parties
● True co-administration
● Co-administration with Exceptions:
○ Controlled Compositions
○ Statutory Rate |
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Term
| What is a “cover record”? |
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Definition
| ● recording obtained by the administrator |
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Term
| What is the technical definition of “Work for Hire”? |
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Definition
| ● If it is made by an employee within the scope of employment |
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Term
| What are the criteria for qualifying for Work for Hire? |
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Definition
● Commissioned
● Created under a written agreement
● Created for use in one of the following:
○ A motion picture
○ a collective work
○ a compilation
○ a translation of a foreign work
○ a supplementary work |
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Term
| Understand Termination Rights |
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Definition
● Added in the 1976 Copyright Act
● You can get your copyright back 35 years after you transfer the rights to a publisher |
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Term
| Does it apply to Work for Hire? |
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Definition
| ● No, because there was no transfer in the first place |
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Term
| When were digital performances of masters and webcasting added to the copyright law? |
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Definition
| ● Sound Recordings Act of 1995 |
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Term
| What does that right grant and to whom does it grant it? |
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Definition
● Compulsory Mechanical License extended to include digital distribution of records
● Created a new right for the record company and artist to be paid when records are performed |
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Term
| Explain how the royalty money is divided up for this? |
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Definition
● Digital Performance Royalties are paid to Sound Exchange
● Record company gets 50%
● Featured Artist gets 45%
● Other Artists get the remaining 5% |
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Term
| What did the Fairness in Music Licensing Act of 1998 add to the copyright law? |
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Definition
● Act states that stores under 2,000 sq. ft. or restaurants and bars under 3,750 sq. ft. don’t need a license to perform music
● Advocated by the National Restaurant Association. WTO was not happy |
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Term
| What are the negatives for not registering a copyright with the Copyright Office? |
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Definition
● Can’t Collect compulsory license royalties
● Can’t file an infringement action
● If you don’t register within five years after first publication of work, you lose the legal presumption that everything in the registration is valid
● You can’t recover attorney’s fees nor can you get statutory damages unless you registered before the infringement happened |
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Term
| What are the legal remedies for copyright infringement? |
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Definition
● You get the fair market value of the use the infringer made
● You can recover the infringer’s profits
● You can get an injunction
● You can recover statutory damages
● The court can order destruction or seizure
● Criminal penalties for those who infringe
● you can get your court costs |
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Term
| What does “Copublishing” mean? |
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Definition
| ● Two or more people share the copyright to a song |
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