Midterm Review 2 - Summary Copyright, Royalties, and Licensing PDF

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Summary

This is the second half of the course in a review....

Description

How is the Music Industry Structured: THE WORLD IS DIVIDED INTO TWO PARTS COMPOSITIONS, SONGWRITERS, PUBLISHERS RECORDINGS, PERFORMERS, LABELS Compositions, Songwriters, Publishers The songwriter creates the song which then goes to the publisher to be published Then it can go to Creative/A&R which goes to music supervisors to games and tv or it can go to the label which makes its way to the performer OR After the song has been published it can go to be copyright, royalties, and licensing which SOCAN/CMRRA deal with Recordings, Performers, Labels Once the performer has a manager, and a label/s there are a bunch of jobs that can happen such as: Producer/Production in a studio, or with a mixer, engineer, tech All the marketing happens using ads, broadcast, designer, radio, dj including media, like print, photo/video and programmer Then comes the distribution of your stuff so you will need a manufacturer or a retail And you may need a tour manager which opens up jobs for lights, sound, techs, merchandise sellers, promoters, and booking agents, and sometimes venues Canadian Music Reproduction Rights Agency A music licensing collective representing music rightsholders who range in size from large multinational music publishers to individual songwriters. Issue licenses to individuals or organizations for the reproduction of songs on various media. Society of Composers, Authors, and Music Publishers of Canada Not-for-profit organization that represents the Canadian performing rights of millions of Canadian and international music creators and publishers. An enabler for licensees to earn more money as they rely on music to enhance their businesses; for members to write and perform music, and build their careers; and for employees to achieve their career objectives. Re: Sound A not-for-profit music licensing company dedicated to obtaining fair compensation for artists and record companies for their performance rights. Advocate for music creators, educate music users, license businesses and distribute royalties to creators - all to help build a thriving and sustainable music industry in Canada. Pays 50% to MROCK who pays performer, the other 50% go to CONNECT and pays the label.

Connect

A music licensing website that administers licenses in Canada for the reproduction of sound recordings, and the reproduction and broadcast of music videos on behalf of the copyright owners (usually record companies). CPCC(Canadian Private Copying Collective) A copying collective website, that advocates on behalf of recording artists, songwriters, publishers, and record labels for their rights as they pertain to private copying. REVIEW  What is CMRRA?  Canadian Music Reproduction Rights Agency (mechanical royalties, money is paid out for physical copies)  What is SOCAN?  Society of Composers, Authors, and Music Publishers of Canada REVIEW  What are mechanical royalties paid on?  CMRRA  What are performance rights paid on?  SOCAN REVIEW  Who pays the mechanical royalties to CMRRA?  Record label  Who pays the performance royalties to SOCAN?  Publisher REVIEW    

What is the copyright term for a composition/recording in Canada? In canada the duration is the creator of the works lifetime plus 50 years from the end of the calendar year that the creator died What is the copyright term for a composition/recording in the U.S. In other countries copyright duration varies, US and UK it is 70 years from the end of the calendar year that the creator died

REVIEW  What is the Bourne Convention?  Convention for the protection of literary and artistic works. Is an international agreement governing copyright. Basic minimum.   When did the Canadian Copyright Act come into effect?  1924

 When was the first phase reform? 1988 (modern act) (moral rights, compulsory licenses) When was the second phase? 1997 (rental rights, protection from bootleg recording, statutory damages regine)    

Orphaned Works - works that have been abandoned, can’t find copyright. REVIEW  What is the private copying levy?  - A royalty that exists to provide compensation to songwriters, composers, music publishers, recording artists, musicians record companies for private copies made of their music.  What are Neighbouring Rights and what organization collects them?  - Used to describe the rights of performers and master recording owners. Refer to the right to publicly perform, or broadcast a sound recording. SOCAN collects them and distributes them.  Who is in charge of neighboring rights?  Re:Sound  What is CSI and what do they do?  - CSI is a joint venture of the canadian musical reproduction rights agency (CMRRA) and the society of reproduction rights of authors, composers, and publishers in canada (SODRAC). CSI licenses the reproduction rights in both these organizations to various music users (radio stations, background music, online music) Whats CONNECT? - Re:Sound pays labels through CONNECT REVIEW

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What do music publishers do? Administration Collections fees and royalties earned by the commissioning and exploitation of music Registers, maintains, and protects the copyrights Participates in industry associations Protects the work from unauthorized uses Licensing Persuades other users of music, such as film and television producers, advertisers and game developers either to use new works from its writers or use existing works and secure synchronization licenses Publish sheet music or license others to publish it License the use of music in special products or premiums

Role of Publishers

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Creative Persuades artists and record companies to record the material that it owns or controls Promotes the reputation of writers so that the market for their work is enhanced Pitches songs to record companies, film and television production companies and advertising agencies Helps writers get record deals and funds demos Develops writers as recording artists (or vice versa) as the role of record labels in this area diminishes Helps writer/artists get good management Gives general career advice What are the 3 main types of publishing deals? - publishing agreement - co pub agreement - publishing admin deal Do you know the difference? - publishing agreement (50/50) - not common today. Has sole administration rights, splits 50/50 - co pub agreement - the norm today. Publisher administrates the copyrights, term is often equal to term of copyright, publisher advance is often given, so half of publisher’s share goes to publisher - 75/25 split in favour of artist - publishing admin deal - common type of deal in Canada. Publisher is hired as a third party to admin a catalogue, helps ensure royalties are being distributed correctly around the world, administrator does not acquire ownership but administers for a fee (10-25%). Artists retains full ownership but gives up % of publishing revenue. 4 types of publishers: Major - major companies, most of which are affiliated with a record company Major Affiliates - independent publishing company whose administration is handled by a major, usually as sub-publishing deal in foreign territories Stand-Alones - a company that is not affiliated with a major Writer-Publisher - an established writer oversees their own publishing

REVIEW  What is Fair Dealing?  - Exception in the Canadian Copyright Act - allows material to be used for purposes of research, private study, criticism, review or news reporting, education, and satire or parody  When does it apply?  Purpose of dealing - was it for commercial or research/educational purposes  Amount of the dealing - how much was copied

Character of the dealing - was it single use or ongoing, how widely was it distributed Alternatives to the dealing - how essential was the use of the work, could the purpose have been achieved without using the work Nature of the work - was there public interest involved, was it previously unpublished Effect of the dealing on the original work - did the use impact on the market value or sale of the original work What is Public Domain? works belong to the public and their is no restriction on their use Musical work enters the public domain 50 years after the year of the death of the last surviving composer/author of the work

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When does it apply? - A recording enters the public domain 70 years after the recording was first fixed (new formats means new copyright) - If a public domain musical work is rearranged, writer can claim part of copyright (for 50 years after death) - If a public musical work is re recorded, recording enters a 70 year term

REVIEW  What are the revenue streams of a song?  both primary and secondary…  Sheet music, folio, matching folio, mixed folio  Special products (singing fish, toys, build a bear, cards)  film/games  Things with lyrics REVIEW What are types of electronic transmission? Permanent download (yours forever) Non-Interactive and Semi-Interactive Non is fully controlled by provider Semi allows user-influenced or customized playlists What are the differences between them? Who licenses/collects royalties? CMRRA          REVIEW

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What are the American Performance Rights Societies BMI, ASCAP, SESAC What is the American Mechanical Rights Society?

HARRY FOX Why do you need to know? Some of your stuff may end up going there You are going to be performing in every region around the world Songs will be released What are some royalties that Canada collects that the U.S. does not? Neighboring rights Moral rights Blank levy scheme           What is the copyright term in Canada? - life of author plus 50 years What is the copyright term in the U.S.? - life of author plus 70 years What are compulsory compositions? - a clause where a musical work that has been previously recorded and can be obtained without having to obtain the copyright holder’s permission.        Who pays SOCAN? Who does SOCAN pay? How is the money distributed? The Nails have just released a new song that generates $100,000 in performance royalties. Nora Wilson, the band’s drummer, wrote the song. How is the money distributed? How much does each party get?

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Who pays CMRRA? Who does CMRRA pay? How is the money distributed? Record label pays CMRRA. CMRRA pays publisher. What is the mechanical royalty rate (under five minutes)? $0.083 (or 8.3 cents) for the first 5 minutes of a song $0.0166 for each additional minute

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What is a controlled composition? A song written by performing artist. What is the mechanical royalty rate for a controlled composition? $0.0622 (VIEW ROYALTIES ASSIGNMENT) https://docs.google.com/document/d/1ktgYhsLWY8hslAHaZD6fhhUJ7zB8A4zA4vQs1eR RqcM/edit?usp=sharing...