Music Copyright Part 2

1. Music Industry
Copyright Pt 2
www.musicstudentinfo.com
Chris Baker
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2. Copyright Basics
A copyright is defined as: a limited duration monopoly.
A copyright protects “original works of authorship” that
are fixed in a tangible form of expression.
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3. Length of a Copyright
You own a copyright for life plus 70 years.
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4. Copyrightable Works
• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
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5. Copyrightable Works Cont.
• Motion pictures and other audiovisual works.
• Sound recordings.
• Architectural works.
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6. Copyrightable Works Cont.
• Computer programs can be registered as literary
works.
• Maps and architectural plans may be registered as
pictorial, graphic, and sculptural works.
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7. Copyright Form of Notice
For literary works:
The symbol: ©
The year of first publication
The name of copyright owner
Ex: © 2005 Ed Street
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8. Form of Notice Cont.
For Phonorecords of sound recordings:
1. The symbol: ℗
2. The year of first publication
3. The name of copyright owner
4. Ex: ℗ 2005 MDC Records
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9. Poor-Man’s Copyright
• You may send a tangible copy of your work to
yourself via certified mail.
• You may have your work notarized, sealed and kept
in a safe place.
• You may publish your work.
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10. Advantages of filing with Copyright Office
• Power of the law.
• Verifiable, undeniable proof of registration of
ownership.
• Easily accessible records via search engine.
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11. Copyright Filing Requirements
Correctly completed forms
A tangible copy of your work:
Lead sheet, CD, tape, DVD, etc.
Payment:
Copyrights Office
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12. Copyright Rights
A copyright grants you the exclusive right to:
1. Reproduce the work.
2. Distribute copies of the work.
3. Perform the work publicly.
4. Make a derivative work.
5. Display the work publicly.
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13. Copyright Compulsory Licenses
Compulsory means you must issue these licenses to
someone who wants to use your work whether you like
it or not.
Cable television rebroadcasts.
BBC
Jukeboxes
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14. Copyright Compulsory Licenses
1. Digital performance records digital radio and
webcasts.
2. Digital distribution of records internet, phone
and satellite downloads.
3. Phonorecords of non-dramatic musical
compositions.
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15. Copyright Mechanicals
The Copyright Act provides that you must issue a
compulsory license to anyone else who wants to record
it on a phonograph record if it has already been
recorded and:
The song is a non-dramatic work.
The recording has been distributed publicly in
phonorecords.
The new recording will be in phonorecords only.
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16. Regaining a Copyright
Regardless of anything in your songwriter agreement
with the publisher, a work not made for hire that was
assigned by you on or after January 1, 1978 can be
reclaimed by you (or your copyright-entitled heirs) 35
years after the work is published or 40 years after the
assignment, whichever is earlier.
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17. Copyright Public Domain
A work becomes “public domain” after your copyright
expires.
That means anyone can perform or record it without
paying a fee.
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