History of Copyright Law and Main Revenue Streams

Theresa Lopez
Flashcards by Theresa Lopez, updated more than 1 year ago
Theresa Lopez
Created by Theresa Lopez about 6 years ago
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Masters MUS 580 Flashcards on History of Copyright Law and Main Revenue Streams, created by Theresa Lopez on 24/09/2014.

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Question Answer
What does copyright mean? The right to copy, or a "limited duration monopoly."
Name 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
What 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.
What section of the U.S. Constitution does copyright legislation fall under? Article 1, Section 8
Name 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
What 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
What 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
What 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)
When did the Copyright Law of 1976 go into effect? January 1, 1978
What 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
Why 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.
What 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.
How long are work for hire works covered in the U.S? _95 years from publication or 120 years from creation, whichever comes first.
Name the 4 different types of licenses. Mechanical, Synch, Performance, Print
What 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.
When 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).
What 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.
What is the name of the board that currently sets statutory rates? CRB, Copyright Royalty Board
Are jukebox licenses compulsory? Yes
Are broadcast licenses compulsory? Yes
Are cable re-broadcast licenses compulsory? You got it, dude.
What 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.
What 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).
Name all 5 performing rights organizations in the United States. ASCAP, BMI, SESAC, SoundExchange, Global Music Rights
What is SoundExchange? Nonprofit performance rights organization that collects and distributes digital performance royalties via satellite/internet radios.
Are performance royalties collected from music that is featured in film? In the USA? No Outside the USA? Yes
What 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.
Who 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.
How 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%.
Who typically owns the rights to the masters? Labels, publishers and artists - mostly labels.
What is another name for a production music house? Music library
Which publisher owns most of The Beatles' catalog? SonyATV
What is copyrightable? Original works of sufficient materiality.
When does something become copyrighted? When you make a tangible copy.
Are you required to register your copyright with the Copyright Office? No
What 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
What is a dramatic work? Things like plays, theatre art, spoken text, plot, and radio/television scripts.
When did mechanicals first appear in U.S. copyright legislation? 1909
What 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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