MUI 221 Lecture 2
MUI 221 Lecture 2 MUI 221
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This 3 page Class Notes was uploaded by Kirsten Matthewman on Sunday January 24, 2016. The Class Notes belongs to MUI 221 at James Madison University taught by David Cottrell in Fall 2015. Since its upload, it has received 129 views. For similar materials see SURVEY OF MUSIC INDUSTRY in Music at James Madison University.
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Date Created: 01/24/16
MUI 221: Survey of Music Industry – Lecture 2: Protecting Creative Rights Copyright Act of 1976 (effective 1/1/78): “Congress shall have the power to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and inventors the exclusive Right to their Writings and Discoveries” Why was this put in place? Gives a push for scientists and artists to gain credit Safety for people to share their ideas with public People won’t hide their ideas anymore, make economy better Privilege to control their rights The Bundle of Rights 1. The right to reproduce the song and make copies. 2. The right to distribute copies. 3. The right to perform the song in public 4. The right to make derivative works. 5. The right to display musical works. 6. The right to perform by means of digital audio transmission. These rights belong to composers from the date of creation, providing that they ﬁx them in a tangible medium of expression: applies to songs, not copyrighted until tangible (written down) Titles, ideas for songs, musical genres, and chord progressions are not copyrightable. Duration of copyright: Life of the author plus 70 years. Public Domain: works that are no longer copyrightable (after 70 years of owners death) are owned by all, they are no longer copyrightable Transfer: Original copyrights transferred, copyright initially invested in author, chances are they don’t know what to do with the copyrights until they transfer it to a publisher so they can sell it, that transfer can deactivate if publisher doesn’t perform their side of the deal Copyright Registration: Musical Works The only way to unambiguously prove authorship is to register with the Library of Congress Copyright Division. Complete notiﬁcation of copyright requires 3 elements: 1. The symbol © 2. Name of author 3. Year of copyright If you leave one of the 3 elements out you risk losing the copyright; not leaving one of the elements out tells the publisher you know what you’re doing Copyright Forms: PA – Performing Arts: circle c is used ©, this is how you would copyright your song or a collection of your songs. SR – Sound Recording: refers to actual audio file – which is separate and distinct from music. Circle p is used℗ and is separate and distinct from circle c. CO – either circle p or circle c eCO – digital form of the combined form, circle p or circle c, smaller fee is charged Joint Works Work that two or more people create, register under their names and split the copyright ownership according to how they want to do it. Example: joint works of John Lennon and Paul McCartney will remain copyrighted until 70 years after Paul’s death. Derivative Works 1. The copyright holder adds new instrumentation to the tracks of previously released sound recordings 2. A copyright holder makes a new arrangement of one of her songs 3. Any manipulation of samples. 4. Songs in English translated into foreign languages 5. Music and lyrics, with lyrics based on works from a work in the public domain or when permission has been granted by the copyright holder 6. Musical arrangements of a work in the public domain Only owners of copyrights have the right to create, or to give permission for someone else to create derivative versions of their work. When composers add new material to public domain songs, such as new arrangements, lyrics or melodies, they are creating derivative works. The new material that has been added can be copyrighted, but not the material that is in the Public Domain. Works Made for Hire: Works made for hire: Contractual agreement between publisher (commission agent) and arranger to produce something that the commission agent will own. (E.g. making something for a company, the company has the copyright, not the creator) Requirement for ‘works made for hire’ is a signed agreement between both parties. E.g. John Williams wrote music for Star Wars, however he doesn’t own the copyright as it is a work made for hire NOT USED FOR SONGS! Songs that already exist cannot be used as works made for hire It is used for Television shows and Film scores. Fair Use – means test: The purpose and character of the use including whether such use is of commercial nature or is for nonprofit educational purposes; The nature of the copyrighted work; Amount and substantially of the portion used in relation to the copyrighted work as a whole; and The effect of the use upon the potential market of value of the copyrighted work. Sound Recordings: Copyrighted under circle p Recordings are entities in themselves, apart from the songs they represent Recording Companies can copyright these, just as composers can copyright their songs. The Recording Companies are considered the "authors" and the product is known as a "Sound Recording." Rights include: The right to duplicate the actual sounds ﬁxed on the recording. The right to duplicate and distribute the sound recording containing new arrangements or versions. The right to sell (distribute) said Sound Recordings to the public. This is knows as "Circle P" copyright. Money from Circle P is separate and distinct from Circle C. Performance Right exclusion for Circle P. – you will not get any royalties for Circle P, wasn’t until 1995 that the labels had some measure of relief form this decision, labels couldn’t get a royalties under circle p and also couldn’t collect royalties under circle p that were being generated in Europe.
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