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Survey of Music


August 18, 1787 James Madison submitted to the framers of the constitution a provision, "to secure literary authors their copyrights for a limited time.
June 23, 1789
copyright literarily means the right to copy
Infringement As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed or made into a derivative work without the permission of the copyright owner
act of 1831 Congress specified music composition as a useful art that allowed for copyright protection and exclusive ownership rights. extened duration to 28 years doubling previous.
1909 act the act expanded the monopoly ownership to a total of 56 years(original and renewal period).
1976 act changed duration to life plus 50 years
published distributed for sale to the public
copyright notice the symbol c in circle, the year of creation, the name of the owner
The berne Convention it is recognized as a primary international copyright agreement. ensures international copyright protection for american citizens creative works
1992 audio home recording act provides royalties to songwriters producers record companies compensate for their loss of royalties due to the consumer copying or dubbing of their cds and other media,
Fairness in music licensing act considered most damaging act. most call non-fairness act. it exempted restaurants with less than3750 sq. ft. and small business of 2000 sq. ft. from paying performance license fee for music played.
Sonny bonno act added 20 years for a total of 90 years
non copyrightable cant copyright an idea only the expression of that idea
Statute of Anne first known copyright law in 1710. "it established the purpose of modern copyright laws". defined ownership rights and proved a method of gaining financial rewards to whomever.
article 1 section 8 US Constitution gives congress the right to legislate copyright statute to promote the progress of science and useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writing and discoverirs
Copyrightable works literary works, musical works, dramatic works, pantomimes, sculptural works, sound recordings, architectural.
patents provide protection for useful inventions
trademarks are tied to product and company identification
trade secrets are tied to valuable information a company may posses
advance the money that the record companies "lend" you.
Recoupment the term for paying back the advance that the record companies gave you
Favored Nations Clause mostly used in film soundtracks and compilation almbums. says that the newest artist or lesser paid artist negotiates to get paid the same amount as the highest paid artist being featured
Cross collateralization is the amount of money still due if you do not pay back the advance the record company gave you.
Exclusivity means to the exclusion of all others, cant record for any one else
Power of Attorney gives power to sign contracts on behalf of the artist, he can also sign checks hire or fire people
unions They bargain for wages and set scales for different types of employment.
Work for Hire is a "one time job" \. these musicians are hired for a specific one time job when they are needed
Performing rights organization BMI, ASCAP ect. collect money for songwriters for performance royalties
print royalties royalties made everytime music is printed for sheet music songbooks album folios ect.
Created by: zangelo
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