Copyright Exam

Copyright Exam

1. What Is Copyright?

   • Copyright is an intellectual property right. Along with other IP concepts such as trademark, design, patent and confidentiality, copyright provides a bundle of rights provided by ownership.
     • Essentially this means the right to control what use is made of the creative asset that you might own and the right to be paid (or chose not to be paid) when someone else wants to use the asset that you own. You have the right to give (or withhold that permission)
   • Copyright comes into existence from the moment an original work is created.
   • Copyright is about protecting those ideas.
   • Needs to be a thing, and does not require registration within Australia

2. what does APRA do?

   • APRA, the Australasian Performing Right Association Limited (APRA) was established in 1926 to manage the performance and communication rights of its members. This covers music that is communicated or performed publicly including on radio, television, online, live gigs in pubs and clubs etc.

3. What Is AMCOS?

   • AMCOS, the Australasian Mechanical Copyright Owners Society Limited (AMCOS) was established in 1979 to manage “mechanical royalties”, that is, the reproduction or copying and storage of music in different formats. This covers copying of songs and compositions by record labels or other parties to sell them on CD, DVD, online, for use as production music and for radio/TV programs.

4. PPCA-Organisation for performance collection, works with venues.

   • PPCA is a non-profit organisation that provides licences to Australian businesses to play recorded music in public. The net fees are distributed to record labels & registered Australian artists who create the recordings so they can continue to make music for us all to enjoy.

5. What music can be copyrighted?

   • Live performance, Recording and the Lyrics
     • What right does copy right give to the sound recording

6. If you make money off any copyrighted idea or creative you are infringing the copyright

   • To be succesful in a breach, you need to show a substantial part of the origional work has been used without permission, the music has to be unrecognisable

7. What is fair use?

   • News, Parody, Satire

8. 2016 change in copyright act, libaries are seen as a secondary distribution platform. Those organisations had to pay a small percentage for that distribution

9. Moral Rights-2000

   • Credited for the ownership of the copyright, other people cant take credit, respects the reputation of the original work.

10. What is a 360 deal?

    • Basically, the 360 is an exclusive recording contract between a record company and an artist in which, in addition to monies from sales of the artist’s recorded music, the label shares in other income streams such as touring and live performance, merchandise, endorsements, appearances in movies and TV, and if the artist also writes songs, publishing.

11. Assignment

    • When copyright is assigned (or an assignment is made) it means that you transfer the ownership of the asset and all the rights that go with it to the other person (or company). This is effectively a transfer of ownership so that the assignee (the person receiving the assignment) takes over the creators rights of control, permission and remuneration. An assignment can be for a fixed period of time and so at the end of that period ownership, (and all the rights that go with it) goes back to the original owner.

12. License

    • When copyright is licensed (or a license is is given or granted) it means that you give permission for the other person (or company) to do certain things for an agreed period of time with the copyright work. This is not a transfer of ownership so that the licensee (the person receiving the license) cannot then sell or transfer ownership to someone else – they are merely allowed to do whatever they have been licensed to do for the period of the license and on the conditions that the license may have been given. A license may be exclusive (meaning they are the only one to receive those rights) or non-exclusive (meaning others may receive the same rights)

13. A normal deal, not 360,The label owns the traditional copyright Until you move on

14. Getting Paid-Publishers

    • Publishers derive revenue from a number of sources and they use this revenue to recoup the advances they made to the songwriters. Some of these revenue sources include: Sheet music – print versions of songs Mechanical royalty income – from reproduction on devices Synchronisation rights – from coupling songs with visual images – eg film or television Performance and communication rights - APRA Grand rights – theatrical uses Sundry income – advertising, gaming etc – an increasing area.

15. Music Publishers

    • Because there was a realisation that songs and songwriters were able to generate income from the use of their songs in the form of royalties businesses were created that fulfilled the role of collecting these royalties on behalf of songwriters. • These businesses were called “Music Publishers” • They would carry out those collection roles in return for keeping a commission on the royalties that they collected.
      • The more works they were collecting on, the more “commissions” they collected and so it became competitive to get more songwriters to have their works in a publishers catalogue. • Publishers competed on two grounds – a) they offered to provide services that increased the revenue generated by the copyright works and b) they offered to pay the royalties in advance of them actually being earned. This latter payment – not surprisingly – became known as an advance.
    • There are three main types of publishing contracts. 1. Single Song Assignment 2. Term Publishing Deal 3. Administration Deal
      • Single Song: This is the simplest form of publishing deal. The writer transfers the copyright in a song to a publisher for an agreed period for an agreed royalty. This type of deal is often used for people such as band members, producers, arrangers, managers and anyone else who somehow ends up contributing to the writing of a work and owning a share in the copyright of a song.
      • Term publishing deal In a term publishing agreement, the writer provides their services exclusively to the publisher for a set period of time. This contract will deliver ownership or control of all of the writers copyrights that come into existence or become available during the term specified. This will include all songs written during the term and commonly all songs written prior to the term that have not been previously assigned or licensed to another publisher
      • Administration deal Administration deals are really only available to writers with an established and attractive catalogue. Under an administration deal, the publisher takes on administrative tasks such as registering songs, granting licenses, collecting accounts and distributing income generated through royalties
    • Universal,Warner Music,Mushroom,Sony
      • Also Indie label (google)

16. Different copyrights within SPIN OUT

17. Synchronisation

    • One role of a publisher is to seek synchronization income for their songwriters. This involves pitching songs to music supervisors and other decision makers. Film and television makers have a number of choices when selecting music for their productions. These choices are: a) licensing existing tracks, b) commissioning the writing and recording of new music and c) using production music (pre cleared, royalty free music)

18. Creative Commons

    • Creative Commons is an organisation that provides legal licenses that modify the existing copyright concepts. It’s based on the idea that some creators and rights holders welcome the use of their work within various limitations or conditions Creative Commons licenses allow the original creator of a work to retain some rights to the work when assigning or licensing that work. It allows creative collaborations to continue to occur without undermining the contracted economic and legal obligations of the publishing agreement
      • The types of CC licenses available are:
        • Attribution You must credit the creator, the title and the licence the work is under. This is compulsory for all Creative Commons licences.
        • Non-commercial Any use of the work must be for non commercial purposes only. For example, file sharing, educational use and film festivals are all allowed, but advertising and forprofit uses are not.
        • No derivative works The work can only be used exactly how it is. The work cannot be adapted or modified in any way.
        • Share alike Any new work produced using this material must be made available under the same licence as the original work.