CopyrightCopyright

Intellectual Property ProtectionEd Calle

Intellectual Property ProtectionEd Calle

It’s Your MoneyIt’s Your Money

Legendary jazz pianist Jelly Roll Morton stated:

Music is such a tremendous proposition that it probably needs government supervision… I also advocate much more rigid laws so thieves may get their just desserts. There are many who enjoy glory plus financial gain’s abundance, even in the millions, who should be digging ditches or sweeping the streets. Lack of proper protection causes this (Moser, 2006, p. 1).

Legendary jazz pianist Jelly Roll Morton stated:

Music is such a tremendous proposition that it probably needs government supervision… I also advocate much more rigid laws so thieves may get their just desserts. There are many who enjoy glory plus financial gain’s abundance, even in the millions, who should be digging ditches or sweeping the streets. Lack of proper protection causes this (Moser, 2006, p. 1).

Learning Objectives (1-3)

Learning Objectives (1-3)

Students will be able to define a copyright using only four words.

Students will be able to correctly identify the rights and responsibilities associated with a copyright.

Students will be able to list all materials required by the U.S. copyright office when filing a copyright.

Students will be able to define a copyright using only four words.

Students will be able to correctly identify the rights and responsibilities associated with a copyright.

Students will be able to list all materials required by the U.S. copyright office when filing a copyright.

Learning Objectives (4-5)

Learning Objectives (4-5)

Students will be able to select the copyright forms required when filing the following: Performing arts works by a single author Performing arts works by multiple authors Musical productions tangibly represented by a sound recording

Students will accurately compute mechanical rates for selected audio recordings of various lengths through application of current statutory rates available on various websites.

Students will be able to select the copyright forms required when filing the following: Performing arts works by a single author Performing arts works by multiple authors Musical productions tangibly represented by a sound recording

Students will accurately compute mechanical rates for selected audio recordings of various lengths through application of current statutory rates available on various websites.

Learning Objectives (6-8)

Learning Objectives (6-8)

Students will be able to explain the benefits and risks associated with filing and failure to file a copyright respectively.

Students will be able to prepare an action plan designed to protect all intellectual property associated with an independent record production.

Students will be able to evaluate information provided by recordings and their respective credits and determine copyright ownership and related mechanical royalty earnings or liabilities.

Students will be able to explain the benefits and risks associated with filing and failure to file a copyright respectively.

Students will be able to prepare an action plan designed to protect all intellectual property associated with an independent record production.

Students will be able to evaluate information provided by recordings and their respective credits and determine copyright ownership and related mechanical royalty earnings or liabilities.

Review of Copyright History

British Roots

Review of Copyright History

British Roots 1534 - British Crown passed the Licensing Act requiring anyone wanting “to publish written works must first obtain a license” (Moser, 2006, p. 12).

1710 - English parliament “passed the Statue of Anne, which was formally titled “an Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or Purchasers of Such Copies, during the Times therein mentioned” (Moser, 2006, p. 13).

1534 - British Crown passed the Licensing Act requiring anyone wanting “to publish written works must first obtain a license” (Moser, 2006, p. 12).

1710 - English parliament “passed the Statue of Anne, which was formally titled “an Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or Purchasers of Such Copies, during the Times therein mentioned” (Moser, 2006, p. 13).

Review of U.S. Copyright HistoryReview of U.S.

Copyright History 1783 - the U.S. Continental Congress formed a committee to “consider the most proper means of cherishing genius and useful arts through the United States by securing to the authors or publishers of new books their property in such works” (Moser, 2006, p.14).

1790 - First U.S. Copyright Act

1783 - the U.S. Continental Congress formed a committee to “consider the most proper means of cherishing genius and useful arts through the United States by securing to the authors or publishers of new books their property in such works” (Moser, 2006, p.14).

1790 - First U.S. Copyright Act

Major Revisions of U.S. Copyright LawMajor Revisions of U.S. Copyright Law

1831 - first revision 1909 - Extended protection to a maximum of 56 years and introduced the mechanical license.

1976 - Extended ownership to life plus 50 years

1998 - The Digital Millennium Copyright Act (DMCA) was passed and Sonny Bono, Cher’s ex-husband, sponsored a bill extending ownership to life plus 70 years. (Source: Moser, 2006)

1831 - first revision 1909 - Extended protection to a maximum of 56 years and introduced the mechanical license.

1976 - Extended ownership to life plus 50 years

1998 - The Digital Millennium Copyright Act (DMCA) was passed and Sonny Bono, Cher’s ex-husband, sponsored a bill extending ownership to life plus 70 years. (Source: Moser, 2006)

Review of TermsReview of Terms

Performing Arts (PA):http://www.copyright.gov/forms/formpai.pdf

Sound Recordings (SR):http://www.copyright.gov/forms/formsri.pdf

Performing Arts (PA):http://www.copyright.gov/forms/formpai.pdf

Sound Recordings (SR):http://www.copyright.gov/forms/formsri.pdf

Intent and PurposeIntent and Purpose

Copyright law serves to provide protection and financial incentives for creations or discoveries in science and useful art forms including the visual, aural, and visual arts.

Copyright law serves to provide protection and financial incentives for creations or discoveries in science and useful art forms including the visual, aural, and visual arts.

Copyright DefinitionsCopyright Definitions

Passman (2003) succinctly describes a copyright as “a limited duration monopoly” (p. 193).

Moser (2006) defines a copyright as “a way that the law gives creators and owners of creative works the right to control and profit from the use of their creations” (p. 1).

Passman (2003) succinctly describes a copyright as “a limited duration monopoly” (p. 193).

Moser (2006) defines a copyright as “a way that the law gives creators and owners of creative works the right to control and profit from the use of their creations” (p. 1).

Answers.com Copyright Definition

Answers.com Copyright Definition

“The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work” (http://www.answers.com/copyright&r=67, 2006).

“The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work” (http://www.answers.com/copyright&r=67, 2006).

Official U.S. Copyright Office Definition

Official U.S. Copyright Office Definition

“Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works” (http://www.copyright.gov/circs/circ1.html#wci, 2006)

“Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works” (http://www.copyright.gov/circs/circ1.html#wci, 2006)

Term of a OwnershipTerm of a Ownership

In 1998, the U.S. Congress passed the Sonny Bono Copyright Term Extension Act extending the “term of copyright protection in the United States to the life of the author plus seventy years” (Moser, 2006, p. 20).

In 1998, the U.S. Congress passed the Sonny Bono Copyright Term Extension Act extending the “term of copyright protection in the United States to the life of the author plus seventy years” (Moser, 2006, p. 20).

Copyrights and ResponsibilitiesCopyrights and

Responsibilities (1) to reproduce the copyrighted work in copies or

phonorecords; (2) to prepare derivative works based upon the copyrighted

work; (3) to distribute copies or phonorecords of the copyrighted

work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other visual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings; to perform the copyrighted work publicly by means of a digital audio transmission (Baskerville, 2001, p. 91).

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other visual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings; to perform the copyrighted work publicly by means of a digital audio transmission (Baskerville, 2001, p. 91).

PA and Short PA Copyright FormsPA and Short PA Copyright Forms

“Use Form PA for registration of published or unpublished works of the performing arts. This class includes works prepared for the purpose of being “performed” directly before an audience or indirectly “by means of any device or process.” Works of the performing arts include: (1) musical works, including any accompanying words; (2) dramatic works, including any accompanying music; (3) pantomimes and choreographic works; and (4) motion pictures and other audiovisual works” (http://www.copyright.gov/forms/formpai.pdf, 2006)

“Use Form PA for registration of published or unpublished works of the performing arts. This class includes works prepared for the purpose of being “performed” directly before an audience or indirectly “by means of any device or process.” Works of the performing arts include: (1) musical works, including any accompanying words; (2) dramatic works, including any accompanying music; (3) pantomimes and choreographic works; and (4) motion pictures and other audiovisual works” (http://www.copyright.gov/forms/formpai.pdf, 2006)

Sound Recording Copyright FormSound Recording Copyright Form

“Use Form SR for registration of published or unpublished sound recordings. It should be used when the copyright claim is limited to the sound recording itself, and it may also be used where the same copyright claimant is seeking simultaneous registration of the underlying musical, dramatic, or literary work embodied in the phonorecord.

With one exception, “sound recordings” are works that result from the fixation of a series of musical, spoken, or other sounds. The exception is for the audio portions of audiovisual works, such as a motion picture soundtrack or an audio cassette accompanying a filmstrip. These are considered a part of the audiovisual work as a whole” (http://www.copyright.gov/forms/formpai.pdf, 2006).

“Use Form SR for registration of published or unpublished sound recordings. It should be used when the copyright claim is limited to the sound recording itself, and it may also be used where the same copyright claimant is seeking simultaneous registration of the underlying musical, dramatic, or literary work embodied in the phonorecord.

With one exception, “sound recordings” are works that result from the fixation of a series of musical, spoken, or other sounds. The exception is for the audio portions of audiovisual works, such as a motion picture soundtrack or an audio cassette accompanying a filmstrip. These are considered a part of the audiovisual work as a whole” (http://www.copyright.gov/forms/formpai.pdf, 2006).

Statutory Rates and Formula

Statutory Rates and Formula

The current statutory rates and formula displayed below are taken from the Harry Fox Agency website:

“9.10 Cents for songs 5 minutes or less or 1.75 Cents per minute or fraction thereof over 5 minutes” (http://www.harryfox.com/public/licenseeRateCurrent.jsp, 2006).

The current statutory rates and formula displayed below are taken from the Harry Fox Agency website:

“9.10 Cents for songs 5 minutes or less or 1.75 Cents per minute or fraction thereof over 5 minutes” (http://www.harryfox.com/public/licenseeRateCurrent.jsp, 2006).

Computation TipsComputation Tips

Please note that any fraction of a minute ranging from one second to sixty seconds counts as an additional minute. For example:

5:03 to 6:00 = 6 x $.0175 = $0.105 or ten and one-half cents.

7:11 to 8:00 = 8 X $.0175 = $ 0.14 or fourteen cents.

Please note that any fraction of a minute ranging from one second to sixty seconds counts as an additional minute. For example:

5:03 to 6:00 = 6 x $.0175 = $0.105 or ten and one-half cents.

7:11 to 8:00 = 8 X $.0175 = $ 0.14 or fourteen cents.

Mechanical Royalty Computation ExerciseMechanical Royalty

Computation Exercise Please download and compute the statutory

mechanical royalties exercise for royalties owed to the copyright owners of the selected works displayed on the next seven slides.

Please download and compute the statutory mechanical royalties exercise for royalties owed to the copyright owners of the selected works displayed on the next seven slides.

Mechanical Royalty Computation Example 1Mechanical Royalty

Computation Example 1 Song: Salt Peanuts Artist: Miles Davis Quintet Composer(s): Gillespie-Clark Time: 6:07 Statutory Mechanical Royalty = $

Song: Salt Peanuts Artist: Miles Davis Quintet Composer(s): Gillespie-Clark Time: 6:07 Statutory Mechanical Royalty = $

Mechanical Royalty Computation Example 2Mechanical Royalty

Computation Example 2 Song: Everything Happens To Me

Artist: Bill Evans Composer(s): Dennis-Adair Time: 5:41 Statutory Mechanical Royalty = $

Song: Everything Happens To Me

Artist: Bill Evans Composer(s): Dennis-Adair Time: 5:41 Statutory Mechanical Royalty = $

Mechanical Royalty Computation Example 3Mechanical Royalty

Computation Example 3 Song: Locomotion Artist: John Coltrane Composer(s): John Coltrane Time: 7:11 Statutory Mechanical Royalty = $

Song: Locomotion Artist: John Coltrane Composer(s): John Coltrane Time: 7:11 Statutory Mechanical Royalty = $

Mechanical Royalty Computation Example 4Mechanical Royalty

Computation Example 4 Song: Blue train Artist: John Coltrane Composer(s): John Coltrane Time: 10:40 Statutory Mechanical Royalty = $

Song: Blue train Artist: John Coltrane Composer(s): John Coltrane Time: 10:40 Statutory Mechanical Royalty = $

Mechanical Royalty Computation Example 5Mechanical Royalty

Computation Example 5 Song: Dolphin Dance Artist: Herbie Hancock Composer(s): Herbie Hancock Time: 9:16 Statutory Mechanical Royalty = $

Song: Dolphin Dance Artist: Herbie Hancock Composer(s): Herbie Hancock Time: 9:16 Statutory Mechanical Royalty = $

Mechanical Royalty Computation Example 6Mechanical Royalty

Computation Example 6 Song: Equinox Artist: John Coltrane Composer(s): John Coltrane Time: 8:33 Statutory Mechanical Royalty = $

Song: Equinox Artist: John Coltrane Composer(s): John Coltrane Time: 8:33 Statutory Mechanical Royalty = $

Mechanical Royalty Computation Example 7Mechanical Royalty

Computation Example 7 Song: Giant Steps Artist: John Coltrane Composer(s): John Coltrane Time: 4:43 Statutory Mechanical Royalty = $

Song: Giant Steps Artist: John Coltrane Composer(s): John Coltrane Time: 4:43 Statutory Mechanical Royalty = $

Action Plan AssignmentAction Plan Assignment

Based on the data provided on the following slide, please detail the appropriate number and type of copyright forms required for protecting elements of the production.

Completed action plans must include a listing of all required materials and costs associated with filing the appropriate copyright forms.

Students will have one week to complete the homework.

Assignments must be submitted via WebCT.

Based on the data provided on the following slide, please detail the appropriate number and type of copyright forms required for protecting elements of the production.

Completed action plans must include a listing of all required materials and costs associated with filing the appropriate copyright forms.

Students will have one week to complete the homework.

Assignments must be submitted via WebCT.

Action Plan DataAction Plan Data

Artist: Crash Album: On the block Record Company: OTB Records Recorded: 2006

Artist: Crash Album: On the block Record Company: OTB Records Recorded: 2006

Song Author(s) Year

Blue Road Sue Jones & Mo Ace

2006

Yeah, yeah Mo Ace 2005

No Way In Jonathan Michaels

2006

Moving On Lauren Bethel 2006

Never Ever Sydney Rose 2006

Recording Information Evaluation

Recording Information Evaluation

Please evaluate the information provided by the three recordings and their respective credits featured on the subsequent slides. Please determine the following: Owners of applicable PA and SR copyrights Mechanical royalties owed for each composition

Entities responsible for payment of mechanical royalties You may use the full playing time of each selection to complete the task.

Please evaluate the information provided by the three recordings and their respective credits featured on the subsequent slides. Please determine the following: Owners of applicable PA and SR copyrights Mechanical royalties owed for each composition

Entities responsible for payment of mechanical royalties You may use the full playing time of each selection to complete the task.

Recorded Example 1Recorded Example 1

Artist: John Coltrane CD: The very best of John Coltrane

Work: Naima (4:21) Composer: John Coltrane Copyright date: 1960 Record Company: Rhino Entertainment Company

Artist: John Coltrane CD: The very best of John Coltrane

Work: Naima (4:21) Composer: John Coltrane Copyright date: 1960 Record Company: Rhino Entertainment Company

Recorded Example 2Recorded Example 2

Artist: Bill Evans CD: The best of Bill Evans Work: Waltz for Debby (5:12) Composer: Bill Evans and Gene Lees

Copyright date: 1964 Record Company: Riverside Records

Artist: Bill Evans CD: The best of Bill Evans Work: Waltz for Debby (5:12) Composer: Bill Evans and Gene Lees

Copyright date: 1964 Record Company: Riverside Records

Recorded Example 3Recorded Example 3

Artist: Herbie Hancock CD: Maiden Voyage Work: Maiden Voyage (7:33) Composer: Herbie Hancock Copyright date: 1973 Record Company: Blue Note

Artist: Herbie Hancock CD: Maiden Voyage Work: Maiden Voyage (7:33) Composer: Herbie Hancock Copyright date: 1973 Record Company: Blue Note

Recorded Example 5Recorded Example 5

Artist: John Coltrane CD: The very best of John Coltrane

Work: My Favorite Things (13:41) Composers: Richard Rogers & Oscar Hammerstein II

Copyright date: 1958 Record Company: Rhino Records

Artist: John Coltrane CD: The very best of John Coltrane

Work: My Favorite Things (13:41) Composers: Richard Rogers & Oscar Hammerstein II

Copyright date: 1958 Record Company: Rhino Records