Performers' Rights

Performers' Rights PDF

Author: Richard Arnold

Publisher:

Published: 2004

Total Pages: 632

ISBN-13:

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This is a leading text on the protection of performers' rights and has been updated to cover new legislation, case law and the impact of the Internet.

Kohn on Music Licensing, 5th Edition (Plan IL)

Kohn on Music Licensing, 5th Edition (Plan IL) PDF

Author: Kohn

Publisher: Wolters Kluwer

Published: 2019-01-01

Total Pages: 1832

ISBN-13: 1543803865

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Whether you are a music publisher or songwriter looking to maximize the value of your music catalog, or a producer, ad agency, or internet music service seeking to clear music rights for products, performances, and other uses, the new Fifth Edition of Kohn On Music Licensing offers you comprehensive and authoritative guidance. This one-of-a-kind resource takes you through the various music licensing processes, type-by-type and step-by-step. In clear, coherent language, the author, a seasoned attorney and executive in both the entertainment and high-tech industries, provides detailed explanations of the many kinds of music licenses, identifies the critical issues addressed in each, and offers valuable strategy and guidance to both rights owners and prospective licensees. Kohn on Music Licensing, Fifth Edition: Walks the reader through the history of the music publishing business, from Tin Pan Alley to the user-generated content phenomena of the present. Dissects the songwriter agreement, providing the reader with a clause-by-clause analysis and offering the best negotiating strategies to achieve the best possible outcome for their clients. Analyses the newly enacted Music Modernization Act, signed into law in September 2018, which significantly changed the way music is licensed in sound recordings in the United States. Guides the reader through the complexities of co-publishing agreements, administration agreements, and international subpublishing agreements, with a report on the rapidly changing music licensing landscape in Europe. Takes on the intricacies of licensing music in sound recordings, from the traditional CD format to the newer delivery methods, including downloads, streams, ringtones and ringbacks--including the rates and terms used in the U.S., Canada and the United Kingdom. Confronts the pitfalls of licensing music for audiovisual works (synchronization licenses) using history as a guide, from the early talkies through streaming internet content. Explores new media and its impact on the licensing process. Technological developments have forced the industry to rethink licenses when dealing with video games, computer software, karaoke, and digital print (including downloadable sheet music, lyric database websites, and digital guitar tabs.. Sizes up the digital sampling controversy and offers up suggestions for negotiating licenses for digital samples. Explores the ever-evolving concept of Fair Use and its application to the music industry. Provides the reader with a look at the landscape of licensing fees, including "going rates" for synch, print, radio & TV advertising, new media, and other licenses, to assist in negotiating the best rates for their clients. Proven tips and suggestions, along with the most up-to-date analysis, are given for the technical aspects of music licensing, from the perspective of both the rights owners and prospective licensees, including How to "clear" a license Advice on maximizing the value of your music copyrights Formalities of licensing Duration of copyright, renewal and termination of grants Typical fees And much more Every chapter of Kohn on Music Licensing has been completely updated in this expanded Fifth Edition. New topics include: The Music Modernization Act, enacted in 2018, which changed the way music is licensed in sound recordings in the United States. Mechanical license fee regimes, including rates for ringtones and on-demand streaming for U.S., Canada, and U.K. Webcasting rates in the U.S., Canada, and U.K. A discussion of the right of publicity in the context of digital sampling. Print License chapter has an updated discussion on adaptation right as well as examines terms for digital print, digital guitar tabs, etc. Custom musical arrangements are also covered. Synch License chapter now covers terms for downloading and streaming of video. Previous Edition: Kohn on Music Licensing, Fourth Edition, ISBN : 9780735590908

Preliminary Observations on the Potential Effects of the Proposed Performance Rights Act on the Recording and Broadcast Radio Industries

Preliminary Observations on the Potential Effects of the Proposed Performance Rights Act on the Recording and Broadcast Radio Industries PDF

Author: Mark L. Goldstein

Publisher: DIANE Publishing

Published: 2010-11

Total Pages: 23

ISBN-13: 1437936393

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Congress is considering legislation that would expand copyright protection for sound recordings. In particular, the proposed Performance Rights Act would eliminate an exemption that currently allows analog, non-subscription AM and FM radio to broadcast a sound recording without acquiring permission from and paying a royalty to the copyright holder, performers, and musicians. This report reviewed: (1) the current economic challenges facing the recording and broadcast radio industries; (2) the benefits both industries receive from their current relationship; (3) the potential effects of the proposed act on the broadcast radio industry; and (4) the potential effects of the proposed act on the recording industry. Charts and tables.

Money for Something

Money for Something PDF

Author: Congressional Service

Publisher: Createspace Independent Publishing Platform

Published: 2018-05-30

Total Pages: 40

ISBN-13: 9781720532071

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Songwriters and recording artists are legally entitled to get paid for (1) reproductions and public performances of the notes and lyrics they create (the musical works), as well as (2) reproductions, distributions, and certain digital performances of the recorded sound of their voices combined with instruments (the sound recordings). The amount they get paid, as well as their control over their music, depends on market forces, contracts among a variety of private-sector entities, and laws governing copyright and competition policy. Congress first enacted laws governing music licensing in 1909, when music was primarily distributed through physical media such as sheet music and phonograph records. At the time, some Members of Congress expressed concerns that absent a statutory requirement to make musical works widely available, licensees could use exclusive access to musical works to thwart competition. The U.S. Department of Justice (DOJ) expressed similar concerns in the 1940s, when it entered into antitrust consent decrees requiring music publishers to license their musical works to radio broadcast stations. As technological changes made it possible to reproduce sound recordings on tape cassettes in the late 1960s and in the form of digital computer files in the 1990s, Congress extended exclusive reproduction and performance rights to sound recordings as well. Many of the laws resulted from compromises between those who own the rights to music and those who license those rights from copyright holders. In some cases, the government sets the rates for music licensing, and the rate-setting standards that it uses reflect those compromises among interested parties. As consumers have purchased fewer albums over the last 20 years, overall spending on music has declined. Nevertheless, as streaming services that incorporate attributes of both radio and physical media have entered the market, consumer spending has increased during the last two years. In 2016, for the first time ever, streaming and other digital music services represented the majority of the recorded music industry's revenues. As these services have proliferated and the number of songs released has increased, the process of ensuring that the various copyright holders are paid for their musical works and their sound recordings has grown more complex. Performers, songwriters, producers, and others have complained that in some cases current copyright laws make it difficult to earn enough money to support their livelihoods and create new music. In addition, several songwriters and publishers have sued music streaming services, claiming that the services have streamed their songs while making little effort to locate and pay the rights holders. In April 2018, the U.S. House of Representatives voted 415-0 to pass H.R. 5447, the Music Modernization Act, as amended. The bill would modify copyright laws related to the process of granting, receiving, and suing for infringement of mechanical licenses, would create a new nonprofit "mechanical licensing collective" through which musical work copyright owners could collect royalties from online music services, and would change the standards used by a federal agency, the Copyright Royalty Board, to set royalty rates for certain statutory music licenses.

Music Rights Without Fights (US Edition): The Smart Marketer's Guide To Buying Music For Brand Campaigns

Music Rights Without Fights (US Edition): The Smart Marketer's Guide To Buying Music For Brand Campaigns PDF

Author: Richard Kirstein

Publisher: Rethink Press

Published: 2020-03-04

Total Pages: 272

ISBN-13: 9781781334553

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Buying music is complex and few marketers or agencies truly understand how to broker licences with the music business. Music Rights Without Fights will empower advertisers to understand how music rights work, how to control costs and mitigate risks, and the strategies for securing smarter deals and sustainable relationships.