Copyrights and Publishing

• reproduce
• distribute

Mechanical license

Comes from a way to reproduce music besides sheet music

Party can get a valid license without asking the copyright owner; subject to certain procedures being followed and a statutory rate of payment

• the work needs to already be distributed to public in US by copyright holder
• give the copyright holder 30 days notice
• pay owner for the records you make and distribute (not sold)
• not material changes to work (same words or same melody)

• 9.1¢ for recordings up to 5 minutes
• 1.75¢ per minute if over 5
• *valid until 12/31/2017
• Ringtones: 24¢ each

• licensee and publisher can negotiate terms that suit the circumstance or business practice better
• like old song compilations or a charity project
• Can negotiate Most Favored Nations so you get paid the same as highest on compilation

• reduce rates; usually 75%
• if royalty rate can be set, the date of recording, release or distribution determine rate
• royalties paid on units sold+not returned instead of manuf.+dist.
• royalty reserves (pay for 75% of copies in case of returns)
• free goods (cost reduction for retailer)
• special free goods
• lyric reprint (print lyrics on liner notes)
• Audit rights (see the books)
• 1/4 or 1/2 year accounting

line in artist contract w/ record label that limits royalties paid for any composition written, published or owned by the artist

• new artist has reduced royalty rate (usually 75%)
• Ceiling on amount of mechanical royalties the label will pay for album
• mechanical royalties paid from first unit sold
• overages deducted from the artist's royalties

• 3rd party org. that administers issuance of mechanical licenses and collection of royalties for a lot of publishers in US
• started 1927, owned by SESAC now
• licenses can by applied for online for physical/digital copy (sometimes by SongFile too)

foreign mechanical rights societies gets them from labels and distributes to local publishers

they engage foreign sub-publisher to collect royalties in the local territory

HFA has reciprocal agreements in some territories to collect royalties for US publishers

• an entity that licenses public performances of non-dramatic musical works on behalf of copyright owners
• First one in France 1851 SACEM

• founded 1914
• response to 1909 amendment to copyright law that explicitly provided performance rights and no mechanicals or sync rights

• founded 1930
• help Euro publishers w/ American performance royalties

• foudned 1939
• reaction to royalties paid by ASCAP
• did a lot of "race music" when they were formed

one at a time, and music must be associated w/ affiliated publisher

• PRO conducts census to track shows being broadcast and matching it to cue sheets that the production company makes
• Factors: # of times played, circumstance, timing, time of day, # of stations

radio reports programming and music played for a specific sampled period of time, PRO extrapolates the actual uses to estimate potential uses

an annual fee paid by national networks to cover the entire repertoire; fees individually negotiated

• local stations won't use enough music to warrant the cost of a blanket license, so a program license allows them to pay for only the programs that actually use the music from a particular PRO
• pay writes+publishers directly, no through PRO

calculated at the blanket rate broken down by hour and multiplied by a factor of 140%

• negotiate with music owner
• PRO not an exclusive deal, only opens doors

• place over 3,750ft² pays blanket fee to ALL PROs to use their catalogs
• money goes to general fund and distributed mostly like TV and radio
• PROs have their own programs to allow songwriters to get paid for performing at venue

embedding digital ID into recording

analysis of waveform of a recording

• not all analyzed
• samples 
• dialogue, sfx, dirty audio
• performed by live act/actor on TV/Film
• need enough time to sample it
• use of sample libraries or beats

public performance; reproduction and don't need PRO licensing

• non-interactive: radio style, you don't pick song
• interactive: you can control what you hear

pre-existing song not commissioned for film originally

• match time period
• lyrics in place of dialogue to convey message
• scene w/ band playing in background

copyright owner needs to authorize others to reproduce

right to reproduce an audio representation of a copyrighted work w/ a visual image on film, tape, or other visual media

• composition (owned by publisher)
• specific recording of that song (owned by artist's record label

record your own version w/out compulsory license

• permission from artist (no compulsory license)
• license fee (no statutory rate)

• ideas need TANGIBLE MEDIUM of EXPRESSION to be considered copyrighted
• 2¢ statutory rate added for music

• Congress allows scientific writings to be protected
• Really finished in 1978

gives rights to recordings in digital format only

• reproduce copies of master
• derived from other works to create
• distribute by sale of trans. ownership
• perform publicly
• display