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Music: Copyright Law

Tags #Music Business, #Music Contracts # Music Deals #Music Societies, & # Music Agencies, #Successful Music Paradigms #Music Copyright Law #Music Downloads

How to legally sell downloads of cover songs.
Works for Hire, Agencies, Music Rights, License

Music Law • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10                   < • >

“In the future, records will be made from records” ~ John Cage (1956)

IANAL. (I am not a lawyer.)
TINLA. (This is not legal advice.) ~ ECP

Even Monkeys have a sense of justice!
They will protest if they see another monkey get paid more for the same task. Scientists say this work suggests that human's sense of justice is inherited and not a social construct.

Nearly a century ago, a new technology emerged that changed the music publishing industry forever by leaving a lasting impact on the law. That new technology was the piano roll essentially long perforated sheets that operated a player pianos keys. To make sure that musical compositions were widely available for reproduction as piano rolls and in other forms, Congress in 1909 enacted the Section 115 mechanical compulsory license. This statutory mechanism allows anyone who wants to make use of a musical work to obtain a license to reproduce and distribute phono records of the work, in exchange for paying a royalty set by statute, as long as the terms and conditions of Section 115 are followed. In the original 1909 Act, Congress set the statutory rate for reproducing and distributing musical works at 2 cents per song. Remarkably, this rate did not change for almost 70 years, until 1976.
Copyright giants do not care whether bits are books or music: its goal is control: to close the net. Consider the principle that humanity has a natural entitlement to enjoy what is open and free in our environment: apply that to the net. CD companies have a beef with whomever ripped past their drm to put their copyrighted work up free in mp3, but once the music floats free. . . There is no crime in noncommercial filesharing. check it out. 17 United States Code 506

Every time a new technology comes along that affects the music industry it changes the industry. Piper Jaffray found 72% of teens own an MP3 player, and 79% of those are iPods. (2006)

The unfortunate truth is that anything can be copyrighted, at least for a time. Unlike the United States Patent Office, there is no one in the Copyright Office to verify the originality of the work to be copyrighted. However, I know of at least one federal case in which the court ruled that if the antiquity of a song can be proven, the copyright fails.

Word to the Wise:
Strength is not the law. The contract might SAY one thing, but getting it enforced?  How many acts have never gotten the second half of their publishing guarantee after their record stiffed?  How many acts have been cheated out of their royalties?  You might have the RIGHT, but do you have the POWER!

 

music Copyright Page 2

MUSIC CONTRACT LAW Page 3

 

 

"The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side." ~ Hunter S. Thompson

Music | music law, distribution contracts, production deals

P2P why file sharing is not thefT PAGE 4

 

Money in this networked economy follows the path of attention, and attention has its own circuit.

Cheap Music Downloads Page 5

 

 

CONTRACTS AND MUSIC DEALS page 6

 

 

Music Business Management

 

 

MUSIC LAW: MUSIC DEALS

How to Make it in the 21st century Music Business Paradigm

Music Business Success Stories

Health Coverage For Musicians

 

False claims of the RIAA

 

 

Technology Law and DRM language

Scholars have explained the difference between technology, drm and the legal language that has been twisted and misused by Vendors and unexplained by the media, that aids the RIAA mass litigation strategy for making money. Also learn more about why file sharing is not theft and the false claims of the RIAA due to P2P.
Know your Jury Rights
Learn how to use your Jury votes to control your government.

 

Know how to defend yourself against the RIAA in a trial. The right of "Jury Nullification of Bad Law" is the ultimate right of the people to control their government.

2009 RIAA dumps MediaSentry used since 2003 [a unit of Belcamp, Md. based SafeNet Inc. a frequent target of civil-rights advocates and others] to get evidence for 35,000 lawsuits.

We The People control the law. The jury's vote is the most important check against bad laws of politicians, and judges who have been corrupted. The Grand Jury, and the Trial Jury were put in the system as separate powers.

The Trial Jury Check is the most important check and the final check in the system of checks and balances. they are the check against all the others, because

EVERY JURY is allowed to Judge BOTH THINGS
1) the law itself !! -- is it just? is it right? or is it total crap and
2) the guilt or innocence of the defendant.


The Jury nullification is an act of a jury (its verdict) intended to make an official rule, especially a statute, void in the context of a particular case.
In other words, "the process whereby a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless of the weight of evidence against him or her."
The underlying common law concepts firmly establish the fact that Jurors cannot be punished for their verdict. As well, jurors are not required to give a reason for the verdict they render. The fundamental right of Jurors to render their verdict based on conscience, individual sense of justice, and human duty, is basic to the preservation of Justice, and to our Lawful Society.

RESOURCES

 

THE DO'S AND DON'TS OF MUSIC COPYRIGHT LAWS

K-12 PRIMER - WHAT IS LEGAL IN THE SCHOOL CLASSROOM
"Are there any copyright restrictions for using music in classrooms? For example, if I wanted to use Billy Joel's song, "A Matter of Trust," could I? What if I just wanted to play the song or his CD, in general, before or after a class? Are there restrictions regarding what you can and cannot use in a class setting? What about before or after the class?"

Free Music Chapter

There is a difference between Art and Commerce. How to make a Sexy Rock Star.

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