Music: Copyright Law
The label is the plantation and the artists are the slaves.
Tags #Music Business, #Music Contracts # Music Deals #Music Societies, & # Music Agencies, #Successful Music Paradigms #Music Copyright Law #Music Downloads
To paraphrase the Prussian military strategist Karl von Clausewitz, litigation is the continuation of politics by other means.
The old style laws, the DMCA, can't keep up with technology. Technology has changed the definition of a hit. It's no longer that which is played on the radio which causes a reaction at physical retail.
The money's in souvenirs, in personal contact, it's about deep niches rather than broad-based tracks. People only want these tracks. We are never going back to the past, and the world keeps changing. Instead of battling the people, follow them, even better, lead them, give them what they want. Luddites controlling the rights were not willing to adapt now that revenue has been lost forever. The road to the future is littered with mistakes. The future is coming.
Think about it: Darwin didn't say the strongest survived, but the most ADAPTABLE! ~ Karen Ellis
To live outside the law, you must be honest.
How to legally sell downloads of cover songs.
Works for Hire, Agencies, Music Rights, License
“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
Future of Music Policy Summit Oct. 3 - 5 2010 intersection of music, technology, policy and law.
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.
What is the definition of copyright?
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
- References and Resources
- History of Licenses
- Synchronization Rights
- About Music Royalties
- How BMI pays its Royalties
- Music Industry Associations - Unions
- Music- Performing Rights Societies - Who to Join
- Music Mechanical Rights Societies and Collection Agencies
- The History of ASCAP and BMI
- Podcasting Licensing Agreement / Digital licensing Bill / Webcasting / Radio Streaming License
- Advice about securing permission to avoid copywrite violations. Who do we contact...pay...
- Is it in the Public Domain? How to find out.
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
- DRM TECHNOLOGY & THE LAW
Standard English Language vs Technical Language. The Future of digital music. - How to make it in the music business.
- Who makes money on Taxed Media?
- FYI INDIES Robinson-Patman Act
- AFM & AFTRA Intellectual Property Rights Distribution Fund - Does anyone owe you money?
- Works For Hire
- Courtney Love issued a letter to the music industry
- World Intellectual Property Organization Geneva
- Production Deals, Contract Law, GRAY TUESDAY, DJ Dangermouse
- The MP3 Model Statement of Roger McGuinn The Byrds on “ The Future of Digital Music: Is There an Upside to Downloading?”
- Different Kinds of Licensing Rights
- How to Legally Sell Downloads of Cover Songs
- Statutory Royalty Rates
- CopyRight Issues: Use of early recordings for documentary vide
- Licensing Rights
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.
- Free Music Downloads: Why file sharing is not theft.
- Fair Use
- CALEA
- Digital Intellectual Property
- peer to peer file transfer / BitTorrent
- Technolgy Law and DRM language
- Courtney Love Manifesto / Bob Dylan / Dr. Mashup; or, Why Educators Should Learn to Stop Worrying and Love the Remix
- Beyond Free: what can't be copied? Eight Generatives Better Than Free:
Immediacy, Personalization, Interpretation, Authenticity, Accessibility, Embodiment, Patronage, Findability.
- Cheap Music Downloads - lala / allofmymp3
- ISP Illegal downloading Warnings Center for Copyright Information ISP Copyright Alert System Fact Sheet and FAQ
- EXERCISE YOUR TERMINATION RIGHTS NOW
- Columbia Records and Stephen Foster
- YOUTUBE PARTNERSHIPS
- BITTORRENT DEALS WITH STUDIOS
- Britain reached an agreement over royalties for online music sales
- Larry Lessig / Loudeye /
- Plugola & Payola - "Radio and Concert Disclosure and Competition Act of 2005"
- Spitzer found Sony had funneled millions in money and prizes to radio broadcasters.
- Cost to Launch - internet and music distribution, statistics, future of music
- What's The Deal With Production Deals
Music Business Management
How to Make it in the 21st century Music Business Paradigm
Music Business Success Stories
SCORES
Edward W. Guo's online repository of free, downloadable music works has grown to 85,000 scores, with additions every month. The International Music Score Library Project, is an open-source repository that uses the Wikipedia template and philosophy, “a visual analogue of a normal library,” in the words of its founder, Edward W. Guo, the former conservatory student. It is just like Google Books and Project Gutenberg and grown to be one of the largest sources of scores anywhere. It claims to have 85,000 scores, or parts for nearly 35,000 works, with several thousand being added every month.
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 DOWNLOADS WHY FILE SHARING IS NOT THEFT
- COPYRIGHT <> COPYLEFT
- Courtney Love gave an excellent unedited speech
- Debunking of RIAA's claim that their revenue decline is due to piracy.
- John and Alan Lomax, who also devoted themselves to collecting and preserving traditional folk music, took the controversial step of copyrighting in their own names the songs they collected, as if they had written the songs themselves.
- Spotify lets you download and stream songs for free to your PC or phone.
It won't work in the US unless you violate Spotify's user agreement by using a UK-based proxy server that will trick Spotify into thinking your computer is located in the UK, not the US. After you use the proxy server to create an account, you can download Spotify's desktop application to stream unlimited music for free.
> Go to www.daveproxy.co.uk and enter this URL into the bar on the site: >https://www.spotify.com/int/invitation/ and click Go.
Now you'll be taken to the Spotify registration page. Dave Proxy is running in the banner at the top. That means Spotify thinks you are visiting the site from a UK computer.
> Click "Try Spotify Now" to get started.
>Choose your user name and password.
> Then click "Go to the next step"
> Your location use UK postal code "W21EG" and fill out the rest of the form.
OPEN CULTURE FREE COURSES, AUDIO BOOKS, MUSIC, MOVIES, TEXTBOOKS, EBOOKS Open Culture editor Dan Colman scours the web for the best educational media. He finds the free courses and audio books you need, the language lessons & movies you want, and plenty of enlightenment in between.
There is a difference between Art and Commerce.
How to make a Sexy Rock Star.
This page contains a Flash video. To view it requires that the Flash plugin is installed and Javascript enabled.