Karteikarten
History of Copyright Law and Main Revenue Streams
Karten in diesem Stapel (39)
- 1What does copyright mean?The right to copy, or a "limited duration monopoly."
- 2Name the 5 exclusive rights that copyright holders have._Reproduce the work
_Distribute copies
_Perform the work publicly
_Make a derivative work
_Display the work publicly - 3What are the 3 major milestones in the history of copyright legislation.1710 - Britain passed the Statute of Anne, which protected copies of writings for 14 years with an option to renew for an additional 14 years.
1787 - U.S. Constitution
1791 and 1793 - French laws granted authors rights to control the copying, distribution and sale of their work at a fixed rate until death. - 4What section of the U.S. Constitution does copyright legislation fall under?Article 1, Section 8
- 5Name 5 key items that are addressed under Article 1, Section 8 of the U.S. Constitution._Powers of Congress
_Borrow money and regulate commerce
_Naturalization laws
_Establishment of the Post Office
_Formation of Army and Navy
_Declaration of War
_Ability to make laws to uphold the Constitution
_Promote science and useful arts - 6What are the main points listed in the Copyright Act of 1790?_First-ever federal copyright law
_Term limit is 14 years with an option to renew for an additional 14 years
_Performance and mechanical rights remained unprotected - 7What are the main points listed in the Copyright Act of 1909?_Extends right to perform works publicly (first protected in 1889)
_Right to translate works into other languages
_Right to mechanically reproduce work
_Term is now 28 years from the date of first publication with an option to renew for an additional 28 years within 1 year of expiration of the first term (56 years total)
_Requires copyright notices to obtain copyright - 8What are the main points listed in the Copyright Act of 1976?_Sound recordings are now protected and are defined as “original works of authorship comprising an aggregate of musical, spoken, or other sounds that have been fixed in tangible form.”
_Phonorecards are defined as “physical objects in which sounds are fixed" (i.e. records, tapes, CDs).
_Addressed TV, cable, film and records
_Publication is “distribution to the public”
_Spelled out “fair use”
_Broadened protection to works not published but in “fixed” form and those without copyright notice
_Term limits now include the life of the composer plus 50 years
_Right of Termination (35 years after transfer, which begins in 2013) - 9When did the Copyright Law of 1976 go into effect?January 1, 1978
- 10What was the outcome of the Berne Convention Implementation Act of 1988?_Copyright notices no longer required
_Transfer of copyright ownership also now does not require registration
_Works no longer required registration, however, in order to file an infringement claim registration is necessary
_US public domain songs could become protected - 11Why was the Copyright Term Extension Act of 1998 (Sonny Bono Act) such a gamechanger?_It increased the total term of all works under copyright protection on or after January 1, 1999 by an additional 20 years in an effort to align the U.S. with EU copyright law.
_Works published after December 31, 1977 are also now protected for 70 years after the death of the last surviving composer. - 12What is the duration of a copyrighted work published on or after January 1, 1978?The life of the longest surviving composer plus an additional 70 years.
- 13How long are work for hire works covered in the U.S?_95 years from publication or 120 years from creation, whichever comes first.
- 14Name the 4 different types of licenses.Mechanical, Synch, Performance, Print
- 15What is a mechanical license?_A license issued for someone who wants to use your composition (lyrics, notes) in phonorecords and digital downloads of non-dramatic musical composition.
Pro-Tip: Think reproduce. - 16When are mechanical licenses compulsory? Why_When the song is non-dramatic
_When song has been previously recorded
_When previous recording has been distributed publicly in phonorecords
_When new recording has only been used in phonorecords
To prevent the music industry from developing into a monopoly, thank Congress for that (it's a good thing). - 17What is the current statutory mechanical royalty rate?9.1 cents OR 1.75 per minute of music if the composition runs over 5 minutes - whichever is larger.
- 18What is the name of the board that currently sets statutory rates?CRB, Copyright Royalty Board
- 19Are jukebox licenses compulsory?Yes
- 20Are broadcast licenses compulsory?Yes
- 21Are cable re-broadcast licenses compulsory?You got it, dude.
- 22What is a synchronization license?A license to use music in “timed synchronization” with visual images. It's the audiovisual license that allows for sound to be paired with visuals.
- 23What is the difference between having rights to the master recording and having publishing rights?Having the rights to the master makes you the owner of the sound recording.
Having the publishing makes you the owner of the composition - this includes stuff like lyrics and what makes the music sound like it does (notes). - 24Name all 5 performing rights organizations in the United States.ASCAP, BMI, SESAC, SoundExchange, Global Music Rights
- 25What is SoundExchange?Nonprofit performance rights organization that collects and distributes digital performance royalties via satellite/internet radios.
- 26Are performance royalties collected from music that is featured in film?In the USA? No
Outside the USA? Yes - 27What are the royalty rates for different types of print music?_Single-song sheet music is 7 cents/copy
_Multi-song folio books are 10% - 12.5% of the marked retail price. - 28Who collects performance royalties from outside the United States?_All foreign territories have a performance rights society. These societies pay the publisher’s share of the performance monies to local sub publishers. Then, they pay the writer’s share to ASCAP/BMI/SESAC (which in turn pays the writer).
_Worth noticing, all royalties are paid directly to the writers, instead of going through the publishers. - 29How much do sub-publishers normally keep from royalties earned in foreign markets?_Anywhere from 10%-50% of the monies earned, but usually it's between 15%-25%.
- 30Who typically owns the rights to the masters?Labels, publishers and artists - mostly labels.
- 31What is another name for a production music house?Music library
- 32Which publisher owns most of The Beatles' catalog?SonyATV
- 33What is copyrightable?Original works of sufficient materiality.
- 34When does something become copyrighted?When you make a tangible copy.
- 35Are you required to register your copyright with the Copyright Office?No
- 36What are the 5 exceptions to the copyright monopoly?_Cable television rebroadcast
_Public broadcasting system
_Jukeboxes
_Digital performance of records
_Phonorecords and digital downloads of nondramatic music compositions - 37What is a dramatic work?Things like plays, theatre art, spoken text, plot, and radio/television scripts.
- 38When did mechanicals first appear in U.S. copyright legislation?1909
- 39What does "mechanicals" even mean?Back in the day, you had to use piano rolls or cranks to reproduce music. It couldn't just be played at the press of a button. So with that, the word "mechanical" came about.
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- Masters MUS 580 Karteikarten am History of Copyright Law and Main Revenue Streams, erstellt von Theresa Lopez am 24/09/2014.
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