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MCP Final
Music Copyright & Publishing
| Question | Answer |
|---|---|
| What is the Poor Man’s Copyright? Is it a suitable substitute for registration? | Mailing a work to yourself. No, because it is not federally registered. |
| What is copyright notice? How is it different for sound recordings? | A © w/ year, and name of owner. SR is (p) w/ year, and name of owner. |
| How are the rights to sound recordings limited? Why? | No public prformnce & display, no moral rights. Cannot sue someone for substantially similar works. De minimus will not work for a defense of sampling a SR. Y? Congress ddnt want any1 to monopolize sound & they thought SR is more of a science than an art. |
| What are the three performing rights agencies and who do they pay royalties to? | BMI, ASCAP, SESAC, and they pay royalties to publisher and the songwriter. |
| What is the name of the major mechanical rights agency? | Harry Fox. |
| Under what circumstances would an artist contact this agency? | If they wanted to do a cover song. |
| What is a compulsory license? | Forcing them to give you a mechanical license. |
| Under what circumstances can a publisher deny a compulsory license? | 1.The covered song has been previously recorded & distributed/released; 2.Audio Only: not for movie use commercial; 3.Notice of the recording sent 30 days prior to distribution, 4.The statutory royalty rate is paid; 5.Must stick to original song |
| What must be proven to establish copyright infringement? | Ownership, Access, Proving Literal Infringement, Substantial Similarity. |
| What is the Lay Observer Test? | This is if the average person in the courtroom, the jury, can determine whether one work infringes the other work. |
| What are the defenses to infringement? | Fair Use, De Minimus, Statue of Limitations, Unclean Hands, Merger Doctrine |
| What are the remedies available for copyright infringement? | Injunction, Writ of Seizure, Damages: actual and statutory, Attorney Fees and Court Costs, Criminal Prosecution |
| What is the statute of limitations for copyright infringement? | 3 years from the time you knew or should have known. |
| What type of publishers typically handle administrative duties in house rather than outsource them? | Full Service Publishers. |
| What is the difference between a synch license and a grand rights license? | Synch: for video, Grand: for musical theater or opera. |
| Explain the Merger Doctrine and give an example. | When art becomes functional: handicapped sign, no smoking sign, bathroom sign. |
| What type of license usually generates the most revenue? | Performing Rights License. |
| What sort of things must publishers consider when entering into foreign licensing deals? | Local laws, Taxes, Politics and, Exchange Rates. |
Created by:
la.maricha
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