MUC109 LEC 5a.Intro to Copyright

Music Business Essentials

INTRODUCTION
TO MUSIC COPYRIGHT

© 2006 musicbizclasses.com

Do I Need Legal Permission To…

Swap digital music file with my friends online?

Sample music I find from other artists in my own
recordings?

Play live music or mix tapes at parties?

Sell my CD collection?

Rent my music collection to friends?

Perform other’s music in class?

Make my own CD of cover songs from my favorite
artists? © 2006 musicbizclasses.com

Intellectual Property:
The U.S. Constitution provides certain rights and
US
protections for owners of property.

Property that results from the mental/creative
labor is called Intellectual Property, or I.P.

In the U.S., I.P. includes:
Copyright
Copyright- protects various forms of written
and artistic expression
Patents- protect inventions of tangible things
Trademarks- protect a name or symbol that identifies
the source of goods or services


Copyright Timeline
1710: St t t f Anne i E l d
1710 Statute of A in England
1787: U.S. Constitution
The Copyright Act of 1790-- Books, maps and charts
py g , p
14-year term of protection
Statutory Revisions--
1802: prints
1831: musical compositions, but not public performance
1856: dramatic compositions, including p
p , g public
performance rights
1865: photographs
1870: paintings, drawings sculpture
paintings drawings,
1909: 28 + 28 term
The 1976 Act: Major changes in US law to
conform to international models

What is Copyright ?
U.S. Copyright Law is “Title 17” in the
United States Code.

The United States Code is the total set of laws
that citizens in this county must follow.

U.S. Copyright Law contains 13 Chapters
with over 75 distinct statutes and multiple p
amendments. All of these different sections
spell out different rules for the many parts of the
music industry.y

U.S. Copyright Law is a living, breathing
document that is regularly updated depending
on new issues and new technologies

What is Copyright ?
Copyright is a form of protection provided
by U S Federal Law to the authors of
U.S.
"original works of authorship” for a limited
duration

Copyright has two main purposes:
– T protect the author's right to obtain
To t t th th ' i ht t bt i
commercial benefit from their
valuable work
– To protect the author's general right to
control how their work is used.


What Does U.S. Copyright Protect?

Musical Works
Literary Works

Sound Recordings Architectural Works

Pictorial Works

Dramatic Works
Motion Pictures
& Audiovisual Works
Choreography &
g p y
Pantomimes


What is NOT protected under
U.S. Copyright?
Generic information, such as facts,
numbers and ideas

Titles, names, short phrases, and slogans

Familiar symbols

Procedures, methods, systems, processes,
concepts, p
p principles, discoveries, or devices
p

Common knowledge such as standard
calendars,
calendars height and weight charts tape
charts,
measures and rulers

U.S.
U S Copyright?
Works created by the U.S. Federal
Government

Works that have not been fixed in a
tangible form of expression, such as
choreography that has not been annotated

Works whose copyrights have lapsed due
to the passage of time

Older works that failed to include a proper
notice of copyright (created prior to March
1989)

U.S.
U S Copyright?

IDEAS, in d f themselves
IDEAS i and of th l
are NOT protected under
Copyright or any other I P
I.P.
law


How U.S. Copyright Works
The two MOST important concepts in determining
copyright are:
-- O i i l Authorship
Original A th hi
-- Fixed Expression

Copyright protection exists from the time
the work is created in a fixed,
tangible form of expression

Copyright protection is AUTOMATIC
C i ht t ti i

Protection is available to both published
and unpublished works

What Rights are Protected?
The right to reproduce the work in copies

The right to prepare derivative works

The right to distribute to the public
-via sale, rental, lease or lending

Rights of public performance, display
and transmission

These rights are referred to as the
“bundle of rights”

COPYRIGHT & MUSIC


Music and Copyright
In terms of recorded music, US copyright
addresses several key categories:

Musical Work (“the Song”) =
the underlying musical composition
composition,
comprised of the written notes and lyrics.

Think of Sheet Music
or written score…


Music and Copyright
Sound Recording = the sounds, including
the recording artist's interpretation
g
of the musical composition, and
the creative efforts of the producer,
sound engineers and b k
d i d background musicians
d i i

Think of the actual recording itself…


U.S. Copyright and Music
All recorded music contains two
d d i t i t
elements-
1. M i l Work and
Musical W k d
2. Sound Recording

– Both elements are separately protected
under copyright l
d i ht law.
– Both can, and often do, have separate
owners


Music and Copyright
Performance= the public performance
of recorded music; whether live or via
broadcast
Think of a concert,
a DJ show, or a
radio broadcast


Copyright also protects …
Derivative works = a new work based upon on
preexisting works. Musical arrangements,
dramatizations, sound recordings, or any other form
, g , y
in which a work is recast, transformed, or adapted.
– Example: Using sampled beats in
a new song

Compilations = a collection of preexisting materials,
C il ti ll ti f i ti t i l
that results in a new original work of authorship.
Including collective works.
g
– Example: Using previously recorded songs
to create a movie soundtrack


Joint Authors
A creative work can have MULTIPLE
ti k h
copyright owners

Joint authors = two or more authors who
create a single work of authorship together.
Their contributions are considered
inseparable by U.S. Copyright law.

Joint authors both own the exclusive bundle
rights in their protected work

Each can independently exercise these
rights without the other’s permission,
g p ,
as long as the other author is paid their
share of the profits. © 2006 musicbizclasses.com

Transfer of Copyrights
Like any other property, copyrights may be
transferred by the owner to another party

By default, transfer of copyright is permanent,
BUT can sometimes be revoked and revert back
to original owner if stated in a written contract

Must b transferred i writing and signed b
M t be t f d in iti d i d by
original copyright holder

After 35 years, owner can invoke a unique
Copyright rule regarding “reversion”. Owner has
5 years t get copyrights reinstated, under certain
to t i ht i t t d d t i
circumstances.(for works made after 1978)

Transfer vs. License

Transfer of Copyright=
Grants 100% ownership of exclusive
rights

complete change of ownership

–Example: When you sell a house, you
permanently transfer ownership of the
property and cannot demand to have it
returned.


Transfer vs. License

License for use of Copyright=
Allows permission for limited use of
exclusive rights

original ownership stays intact

–Example: When you rent a house, you allow
someone to “borrow” your property for a
y p p y
specific amount of time and under specific
conditions. You retain 100% ownership of the
p ope ty
property.


Copyright after Death

Copyright generally behaves like any
other intangible asset i an estate
th i t ibl t in t t

Copyrights can be held in trust, transferred
by gift or, at death, just like any other property

A copyright is protected from the moment the
work is made tangible until 70 years after the
death of the author regardless of whether the
author dies with or without heirs


Exceptions to U.S. Copyright
Public Domain- hymns, patriotic
songs, folk songs, classical music
g , g ,
- Sheet music publications with a copyright
date of 1922 or earlier are in the PD
-
- Most sound recordings are under copyright
protection in the U.S. until the year 2067


“Fair Use” -education, research,
reviews, parody, news reporting
,p y, p g

Determining Factors:
g
1. the purpose and character of the use, including
whether such use is of a commercial nature or is
for nonprofit educational purposes;
2. the nature of the copyrighted work;
3 the amount and substantiality of the portion
3.
used in relation to the copyrighted work as a
whole; and
4. the effect of the use upon the potential market
for or value of the copyrighted work.


“ Work for Hire”- Employers &
Companies which commission
C i hi h i i
original works own the copyright

Original creative work that is
completed during the course of a
salaried position is owned by the
position,
employer


International Copyright

There is no such thing as an
"international copyright" that
automatically protects a work
throughout the world
g

Protection in the U.S. is available
regardless of the nationality or
domicile of the author

“Copyright conventions” protect
international works of creative authorship


Key Take-Aways
The U.S. Constitution is the highest law
in the land
The First U.S. Copyright law was enacted
in 1790, as part of the Constitution
Our
O current set of Copyright statutes
t t fC i ht t t t
are based on The 1976 Act
U.S. Copyright L
US C i ht Law i a li i
is living, b thi
breathing
document that is regularly updated
depending on new issues and new
technologies.
In the U.S., Original works of artistic
US
expression are considered property

Key Take-Aways
Intellectual Property is the set of laws dedicated
to protecting works of the mind, or intellect

Copyright protects various forms of written and
artistic expression

Copyright protection does not include ideas
themselves, only expressions of those ideas
, y p

The two MOST important concepts in
determining copyright are:
-- Original Authorship
p
-- Fixed Expression


Key Take-Aways
There are exceptions to U.S. Copyright-
– Fair Use
– Work for Hire
– Public Domain

One piece of music can have multiple
authors and multiple Copyright owners

Copyright protection is automatic but it is
automatic,
always best to register your work with the
U.S. Copyright Office, if you plan to pursue
legal protections at a future date.

For Educational Use Only

This slide presentation is part
of t e us c us ess sse t a s
o the Music Business Essentials
series.

Contact
info@musicbizclasses.com
for more information

MUC109 LEC 5a.Intro to Copyright

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