Copyright & Publishing

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

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