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39 Cards in this Set

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