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16 Cards in this Set
- Front
- Back
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What are some upfront costs of composing and recording?
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--equipment
--time --ideas |
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What is different about the upfront costs in the arts industry from other industries?
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The upfront cost in the arts industry is much higher than the cost of replication.
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What two main things does a profit maximizing composer hope to do?
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1--recoup fixed costs
2--earn positive profits |
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If short term profits are not high enough, what might happen?
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In the long term, no one will have an incentive to compose and therefore there will be no music!
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What is the formula for the optimal length of a copyright?
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sum of monopoly profits=fixed costs of creation
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At minimum, copyrights must be long enough to _______________________.
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recoup fixed costs of creation.
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When musicians evaluate profitability before composing a song, they _______ future earnings and costs. In other words, at a given point in time one dollar now is worth _____ than one dollar later.
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DISCOUNT
MORE |
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What is the formula for the present value of $x?
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(x)/(1-r)^n
where r=interest rate and n=the number of periods |
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What does CTEA stand for and what did it do in 1998?
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CTEA= Copyright Term Extension Act
--extended copyrights by roughly 20 years. (50 years past death of artist to 70 years) |
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Give 5 reasons arguing against the CTEA. Then give a brief 1 sentence summary.
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(1) Present value becomes insignificant. For new compositions, extended copyrights offer little extra in present value.
(2) for existing works, copyright extension has no impact on innovation (3) the cost of derivative works will increase, which decreases innovation (4) copyright extension grants a longer period of practicing monopoly power (5) since new works often build from previous works, longer copyright terms will decrease the availability for derivative works In summary, these economists believe that the sum of the monopoly profits will be greater than the fixed costs of innovation |
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What did the courts conclude about the case of George Harrison vs. Bright Tunes Music Corp?
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The court broke "He's So Fine" into two motifs. Harrison's lawyers argued that each motif was common enough to be considered public domain.
However, the judge ruled in favor of Bright Tunes that the songs were virtually identical, but did not believe that the plagiarism was intentional. |
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What four sources of revenue did the courts look to determine copyright infringement damages?
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(1) Mechanical royalties
(2) Performance royalties (3) Sale of sheet music (4) Profits to Apple Records Inc |
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What are two other examples of copyright infringement cases?
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1--Fogerty vs. Fantasy
2--Campbell vs. Acuff-Rose Music Inc. |
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Fogerty vs. Fantasy
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Fogerty wrote "Run Through the Jungle" for CCR, but surrendered his publishing claim in order to leave Fantasy.
Then he wrote "The Old Man Down the Road" and Fantasy sued him because they said it was the same as "Run Through the Jungle" but with different words. Basically, he was sued for copying himself. The judges ruled for Fogerty. |
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What issue did Campbell vs. Acuff-Rose Music Inc. mainly deal with?
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The issue of fair use between "Oh Pretty Woman" and the obscene parody, "Pretty Woman"
The Supreme Court noted fair use should be ruled on examining: 1-- the purpose (commerical vs. nonprofit) 2--the nature of the copyrighted work 3--the portion of the copyrighted work used 4--the effect on the market of the copyrighted work |
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What main four issues are important when dealing with plagiarism in music?
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1--intent is irrelevant
2--the publisher holds the copyright 3--fair use is a possible defense but difficult to define 4--many cases are settled out of court |
