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| works that consist of a series of related images |
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| library of congress determines as most suitable for purposes |
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| work like an anthology in which a number of independent works are assembled |
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| a work formed by the collection and assembling of pre-existing materials |
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| material objects other than phonrecords in which a work is fixed |
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| when a work is fixed in a copy or phonorecord for the first time |
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| work based on one or more preexisting works, like an arrangement |
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| device, machine, or process |
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| one now known or later developed |
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| store, shop, or any similar place of business used to sell goods and in which nondramatic musical works are performed publicly |
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| a work in a tangible medium of expression permitted by the author, and is sufficiently permanent |
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| food service or drinking establishment |
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| restaurant etc, where the public assembles to be served food or drink and nondramatic musical works are performed |
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| recite, render, play, dance, etc. |
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| material objects in which sounds, other than those accompanying an audiovisual work, are fixed by any method. applies to material object |
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| work where the author is under a fictitious name |
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| distribution of phonorecords of a work to the public by sale or other transfer of ownership; or the offering to do so |
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| registration of a claim in the original or the renewed and extended term of copyright |
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| works that result from the fixation of a series of sounds, but not the sounds accompanying a motion picture |
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| transfer of copyright ownership |
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| any conveyance of the exclusive rights comprised in a copyright |
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| a body of material that has been produced for the sole purpose of transmission to the public in sequence and as a unit |
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| communicate a performance or displace by any device or process |
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| a work prepared by an employee or commissioned for use in another work |
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| in the music business everything is negotiable |
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| brings artist and audience together |
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| for every star you see on stage, there are generally about 50 music professionals off stage |
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| being able to get things done on someone's behalf |
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| statutory rate over 5 minutes |
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| major publishing companies |
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| sony/bmg, emi/capital, warner, universal |
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| controlled composition clause |
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| 3/4 of current statutory rate for up to 10 songs on an album |
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| performing rights organizations |
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| compulsory mechanical license |
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| mechanical license issued by library of congress if you can't get it from the publisher |
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| nyc publisher's clearing house got us and foreign royalties |
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| 80 us publisher, 20 sub pub |
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| advances and royalties from 2 different contracts are tied together |
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| could have as many as 20 publishers |
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| giving someone a portion of the rights to a song for them to record it |
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| use of copyrighted work without permission |
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| finding the right artist to play your songs |
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| work to find new original sounds for media |
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| in charge of all music in a film |
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| national music publisher's association (nmpa) |
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| big publishing trade association |
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| digital phonorecord delivery (dpd) |
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make copies
distribute
perform publicly
make derivative work
display work publicly |
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generally non-profit
nature of the work
amount and substantiality used
affect on potential market for work |
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| open to interpretation like fair use |
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| more than one author/writer |
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| foundation for being paid |
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| copyright termination or recapture |
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| 5 year window at 35 years |
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| all recordings that are ______ need a mechanical license and generate songwriter royalties |
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| your responsibility to place on album |
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| visually perceptable portions, lyrics in case |
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| librarian of congress and other impartial board members |
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injunction
impoundment
destruction
damages |
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| order from court to restrain infringing activity |
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| used in bootlegging; allows collection of illegal copies |
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| illegal copies are destroyed |
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| how much you actually lost |
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| not less than $750, not more than $30,000 (not more than $150,000 with infringement) |
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| if you buy a legal copy you can dispose of it however you want |
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| digital millenium copyright act |
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| all webcasters pay label royalties for music use |
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| isp's are expected to remove copyright, but can't be responsible for it |
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| use to protect band names |
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| public use gives first use right |
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| system of permissions to use copyrighted works |
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| 2 main methods of licensing payment |
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| flat fee or per unit (more pay for more airtime) |
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| how is music use tracked by PRO's? |
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| small, first to use music recog software |
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| "4th PRO," digital radio, satellite, streaming, etc. |
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| used for music synched to visual medium |
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| originally a sound recording, then used for film |
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| 1 time fee for in-flight entertainment, music on hold, etc. |
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| used for theatrical presentations |
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| for musicals (chicago etc.) |
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| reserve representation for books etc. |
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| putting baby bands with big acts |
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| head coach of advisor team |
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| prohit unethical behavior actions from lawyer |
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| manager serves as this in emergency situations |
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| summary document that covers term, commision, and other major points of potential contracts |
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| person who does outrageous things for maximum publicist attention |
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| money the label has advanced to make up for deficits |
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| distributors that sell in onesie-twosies |
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| rent space in store and stock records |
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| retailer can return unsold copies |
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| bring consumers to a certain store with an ad |
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| business to business; billboard about new record coming out |
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| manage media, twitter, tv appearances |
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| product management department |
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| "traffic cop," coordinates label-wide affairs |
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| special products department |
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| exploits catalog masters, reissues, requests for current masters |
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| RIAA (recording industry association of america) |
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| lobbying group for majors |
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| naras (national academy of recording arts and sciences) |
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| narm (national association of recording merchandisers) |
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| america's 12,000 record stores |
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| a2im (american association of indie music) |
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| association for indie music |
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| promoter gets some of the profit from a show. normally 85/15 to 95/5 |
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| covers everything; venue, hospitality etc. |
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| total # of seats x avg. ticket price |
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| deduct comps from gross potential |
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| monitor processes, timeline, avoid overruns |
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| when, where, how much etc. |
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| gear, backline, sound/lights |
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| artist's overall royalty includes what the producer gets |
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| every single record develops royalties for the producer if the producer chooses to have no advance. retroactive to first record sold |
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| AFM (american federation of musicians) |
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| aftra (american federation of television and radio artists) |
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| everyone broadcast over tv and radio |
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| company that is with the union |
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| union can't force any employer who isn't a signatory to use union musicians |
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| american guild of musical artists |
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| american guild of variety artists |
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| international association of theater and stage employees |
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| temporary reduction in artist's earnings via royalties |
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| paid in equal parts over 4 royalty periods |
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| use of old album sales to pay for new album |
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| test drive band with established producer |
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| haven't fully paid back advances |
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| can only work for a certain label |
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| don't let anyone else define what success means for you |
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| pricing tickets differently depending on location |
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| number based on ticket sales where the act and promoter divide the balance |
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| artist has success in multiple genres |
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