Advanced Copyright

Advanced publishing

Co-pub  2 or more people share in the publishing of the song  Ownership of ©

 Perpetuity  Admin (some term: 3-5 years)

 Admin rights (exclusive bundle of rights)  NPS = gross income less admin fee, writer royalties, and expenses

Why is this important?  If you’re an artist, the sooner you set up some kind of pub co, the better  downsides

 If you’re a label, same deal  If you’re a publisher…

Joint work  Either writer can deal nonexclusively with the entire composition, as long as you pay the other person(s) his share of any income

Changing a joint work  You write a song with someone, then want to change the lyrics  Each writer owns an interest in the whole work, not just their contribution  Like unscrambling eggs.

Work made for hire  Hire someone to create for you  You become the author of this creation if:  The work is commissioned  Created under a written agreement  Created for use in:

 Motion picture or audiovisual work

Duration of ©  Songs created pre-1978 are under © to a total of 95 years (date of publication + 95 years).  Songs created after ‘78 are under © for the life of the author plus 70 years (Sonny Bono law)

misc  1995 digital performance act: digital subscription radio stations must pay performance royalties to labels and writers  1984 anti-rental bill records can’t be rented

misc  Stores, restaurants, and bars smaller than 2k sq. feet pay no performance royalty  Or if they sell music

samples  Whose rights do you need to sample?  No compulsory license for samples  replays

Sound recording copyright  Creates a copyright in the actual recording; represented by (p)

 Can’t duplicate records without consent  Can make sound alike recordings (kidz bop, etc.)

infringement  If someone steals your copyright, you get:

Fair market value Recovery of profits Injunction (makes them stop) Statutory damages (can’t prove actual damages: $250 to $10,000 per infringement)  Criminal penalties if willful    