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39 Cards in this Set
- Front
- Back
Copyright
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Limited duration of a monopoly
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Fixed
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put into tangible medium of expression: CD, Tape, Record
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Non-Utalitarian
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containing some degree of creativness
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"bundle of rights"
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1) right to reproduce
2) right to derivative works, parodies 3) right to distribute 4) right to perform 5) right to display publicly, sheet music 6) right of Digital Audio Transmission |
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work for hire
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making a song for a specific use
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1909 copyright revision
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Terms: 75 years from creation
Loss of Copyright for Failure to Renew Loss of Copyright for failure to properly affix notice (circle c) |
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1976 copyright revision
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Term: author plus 50
Work for Hire doesn't go into affect untill 78 |
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Sunny Bono copyright act (1998)
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Term: author plus 70
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copyright transfer
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assignment: all rights
license: limited rights |
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Termination Rights
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allows for creators to terminate the transfer of copyright
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Notice
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"c" in circle is for copyright/musical compositions
"p" in circle is for publication/sound recordings |
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Registration
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to get song "vested" when in tangible form/not copyright protection
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PA Form/SR Form
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PA = Songs and Musical Compositions
SA = Sound Recordings |
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Common Law Copyright
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envelope thingy
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Mechanical License
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Permission to include a copyrighted song on a phonorecord
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Statitory Rate
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how much mechanical royalties an an artist gets per album.
started at 2 cents now at 9.1 cents/1.75 per minute after 5 minutes |
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Compulsory License
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When a mechanical license is denied by the music publisher. Full statitory rate
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Fair Use
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Right of public to make a reasonable use of copyrighted material in special instances without the copyright owners consent
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A and R (artist and repitoire)
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finds talent
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Duration
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How long a contract is going to last
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Exclusivity
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artist's contracts require that the artists record is for the record company exclusivly.
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Chargebacks
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expenses assessed against an artists royalties
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Phony Free Goods
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Incentives and discounts given to retailers
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Real Free Goods
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Promotional Records
10% of records sold |
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Breakage
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routine 10% reduction
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Packaging Deduction
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cost of packaging:
CD = 25% Tape = 20% |
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Controlled Composition Clause
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1. a controlled composition is a song written, owned, or controlled by the artist
2. record company will only pay 75% of the statitory rate (Three Quarter Rate) 3. 10 will be controlled, 2 will be non-controlled |
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Cross Colateralization
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when debt of one album rolls over to next
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Tin Pan Alley
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where all the biz happens
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Harry Fox Agency
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knowledgable party, works on behalf of publishers to collect mechanicals, 1.5% of statitory rate
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Gutenberg
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invented printing by moveable type
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Pettrucci
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published first music publication
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ASCAP, SESAC, BMI
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handles performance rights
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Mechanical Royalties
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Mechanical license paid by record companies for the right to distribute song
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CARP
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commitee in congress
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Blanket License
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lump fee instead of Live Performance Royalties
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Cut-In
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percentage of a mechanical income given to record company, producer, artist
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Split
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publisher agrees to co-publish song with record company
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Acquisitions
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publishers catalog
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