Copyright Law Blog

Learn More About The Changing Face Of The Music Industry

August 11th, 2009 at 12:42pm Under music copyright

The face of music has always been changing, from the days of Mozart to Buddy Holly there has only been one constant factor remaining consistent throughout the centuries, the music industry is a commercial medium. The musical revolutionaries of the 60s might well disagree however even at that point people were buying records and labels were making millions.
This is more true than ever in this day and age, where musical instruments have been replaced by grinding women in bikinis, low riding Cadillacs and more bling than you can shake a stick. The changing face of music is not only in the image and artists but also in the musical equipment used to produce and distribute music.
Musical piracy as it is being called, is dominating the music industry and there are two schools of thought on it. One being that of the music industry and the law who understand the illegal sharing and distribution of music as copyright infringement, the other being the people who believe that music should be free to everyone, however it is not clear how they are suggesting that the Cadillacs and bling are going to be financed.
This has come due to the massive technological advances in the last decade in the field of musical technology. The face of music has changed due to the accessibility of musical production and distribution. You can now at a click access your favourite music legally and free of charge via various video hosting sites and it is a massive form of marketing now.
Production takes place in many a bedroom and have become very accessible to those with very little musical knowledge due to the relatively simple midi based software packages that have saturated the market. These have made music production much more accessible than previously and with many global forums you can share your music and potentially distribute it with great ease.
The digital age has rendered other formats almost obsolete. As the CD killed off the cassette in one foul swoop, CD is now on the edge of extinction being replaced by an array of audio files. The death of CDs has been slower than the predeceasing format, this might be accounted for because the retailers buying from the music industry still need to sell products and there has been no next generation product that can be bought over the counter to replace CDs.
The retailers are encouraging people to buy CDs and then rip them onto their iPod or MP3 players. It is thought that CDs will stick around for a while. The greatest surviving format has to be vinyl which is still massively popular with DJs around the globe. This again is under attack by products such as the Tonium Pacemaker, which is the size of a Nintendo DS, however holds 120gig, about 3000 hours work of music.

Trademark Your Band Name

July 31st, 2009 at 06:43pm Under trademark law

www.music-law.comtakes the guesswork out of trade marking your bands name. If you have a unique name that you want associated with your music, then you should take steps to protect that name, because as you grow and succeed, that name will epitomize you.

They go on to say:

The two key concepts involved in “protecting” the name of a band are “territory” and “priority”. Territory means the area where you use the name, e.g., Chicago, Illinois, Mid-West, United States, world-wide, etc. Priority, as the word implies, involves who uses the name first. These two concepts work together to limit the scope of protection for a name.

If you started using your name first, you can prevent others from using it. However, the law allows you exclusive use of the name only in the area where you have used it. For example, if you started playing the Chicagoland area in 1989 and never played or distributed music outside the Chicagoland area, you could not prevent a band from using the name in Florida. However, they could not use the band name in Chicagoland since you were the first to use the band name there. You also may acquire the rights to your name for Chicago in 1989 and nation-wide in 1992 when you release your first record for a major. If someone started using your name in another part of the country in 1990, you could not prevent their use in their territory since they have priority in that area.

A famous case involved two bands both performing under the name, “Flash”. The first was a small band in San Francisco who had never recorded a record and the second was an English band that had a major label deal. Since the San Francisco “Flash” was a prior user in that area, the English “Flash” was not allowed to sell albums in the Bay area.

Before investing money in the name of your band, you should investigate whether anyone else is already using the name. If someone is already using your name, as explained above, they have priority in their territory.

This Information is Brought to You By “EZ Record Deal”, the ultimate guide to getting a record deal. Visit EZ Record Deal now by going to www.EZRecordDeal.com

The Importance of Having Music Contracts

July 24th, 2009 at 12:41pm Under music copyright

A Music Contract is an artist’s best friend. There are so many reasons to get an agreement in writing with your prospective employer. Admittedly if you are a virtually unknown band trying to get a gig from a rather reluctant club, it may be difficult to negotiate something in writing. On the other hand it is quite amazing to know that there are many performers who let things slide with just a verbal agreement and make no attempt to get a written agreement. This is asking for trouble and is something you should really try to avoid. Here are some reasons to have a written agreement. 

Copyright protection: When you sign your first Music Contracts it is important to understand the fine print. In this way you will protect yourself and, if applicable, your band. As mentioned, many times in the performing arts, a verbal agreement is made. The results are often devastating to you the artist. If it not in writing you do not have any legal rights and you can easily lose your copyrights to your popular hit songs. This will result in 100’s and even 1000’s of dollars loss for you and your band. However once you tie the company down to a contract you can keep your copyrights and have everything clearly stated. You get your royalties and the company can still make money.Cuts down misunderstandings: Music Contracts ensure that you can reference any clause that you or the company may not remember. Over the course of time you or the company may not remember every single clause in your mutual agreement. Having it in writing will allow one or both of you to refresh yourselves as to the terms of the agreement. A verbal agreement can lead to misunderstandings and disputes, as one party will deny what the other one has said. Disputes in turn can get ugly and cost you the engagement.

The legal word in Music Contracts: If anything needs to be disputed in court it will need to be in writing. No court of law will accept any statement unless it is in writing. Of course you will not want to take matters into court if possible but sometimes it is unavoidable. Of course it is much easier to understand the clauses in the agreement when it is in writing. So do not let the company or club run over you, try to get it in writing to avoid any future problems. 

Protecting your Website Legally From the Music Industry

July 17th, 2009 at 12:42pm Under music copyright

In the connected world, where businesses pop up like dandelions and anyone with a computer can upload video, audio and text-based content to be shared across the web, it is of growing importance to understand the potential legal ramifications associated with these technical advancements.

Most internet businesses make use of some sort of rich media on their websites such as video or music. What most don’t realize is that even the smallest S-Corp can find itself in hot water if it doesn’t understand the basics.

The intent of this article is to focus on the use of production music (music on your website) and the ways you can protect your business or yourself from copyright infringement.What is production music?

Production music is music intended for use in connection with films, corporate videos, Television shows, commercials, Internet video, multimedia and any other form of media that requires music.

If you’ve ever listened to an advertisement on the radio, watched an infomercial, or heard menu music on a video game, then you have probably heard production music.

Production music libraries cover a multitude of genres, providing music for most tastes at varying levels of quality. Traditionally, production music comes in shorter lengths. These lengths are normally 30 seconds, 60 seconds and 90 seconds.

Production music also comes in different variations known as full and reduced versions. Reduced versions are identical to full versions with the exception of one or possibly two of the main instruments having been removed.Who uses production music?

Production music is most widely used by industry experts like; video editors, producers, music supervisors, videographers, and creative directors. Although increasingly, it is being used by relative amateurs for websites, podcasts, streaming video and more.How do I Get a License?

Something called a Synchronization License or Sync License must be obtained for the music in question before it can be utilized in any audiovisual production, such as a motion picture, television program, television commercial, video production, or website.

Sync Licenses come in different shapes and sizes. Two of the most popular are a Drop License and Blanket License. They are most commonly made available by production music publishers such as Slynth (www.slynth.com).How do I get a Sync License?

Production music publishers will usually license music on what is called a needle drop (a.k.a Drop License) or a Blanket License.

A needle drop or Drop License is a license that requires payment for individual songs. The prices for each song vary depending on the type of production in which the song is being used. The rule of thumb when pricing Drop Licenses is – the larger the audience, the higher the price. (Rate cards can be requested with Drop Licenses.)

A Blanket license is a license that affords a user either a set number of music selections or unlimited use of music selections in any given production. The distinction between a blanket and drop license is a drop is issued for one song, a blanket for many. Obtaining a blanket license involves dozens of variables, so it usually requires some negotiation. Venues such as radio stations or night clubs will often require blanket licenses.Is A Sync License the Same as a Performance License (Permission from the Musician)?

Unfortunately, no it isn’t. Obtaining a Sync License doesn’t absolve you from getting legal permission from the artist. And, seeing as musicians aren’t known for their knowledge of the legal system, you might imagine that obtaining such a license would be rather difficult. In actuality, the opposite is the case.

The reason for the relative ease of obtaining a Performance License is most musicians are represented by one of two agencies or “performance right societies” that handle the legal jargon. These societies manage the right of performers and see to it that artists get paid when you play their songs in a “public” venue.

Performance rights societies such as ASCAP, BMI and SESAC collect monies for composers and publishers. These societies handle Performance Licenses and should be consulted before you publish any finalized work. Who needs a performance license?

Anyone who uses copyrighted music in a public place including radio and television stations and/or their networks; all new media, like the Internet and mobile technologies such as ringbacks and ringtones; satellite services like XM and Sirius; discos, nightclubs, bars, restaurants, hotels, and other venues. This includes digital jukeboxes and live concerts. All should obtain a performance license.What happens if I don’t have a performance license?

Production music users are in danger of copyright infringement without a license from a performing rights organization. If you’re an individual with a small audience and no real money (ie you’re not a business), then you are at lower risk of having suit brought against you for copyright infringement.

However, if you’re an individual with a large audience or you’re a business or organization and you fail to obtain the proper licensing, be prepared to hire a lawyer.

The basic rule of thumb with rich media on your website is this: If you’re going to use audio without a license, make sure no one sees it. This may be a difficult rule for most webmasters to cope with, as the purpose of internet businesses is to be seen. Remember the best choice, if you have a large enough audience, is to be safe and purchase the required licenses.

Poor mans copyright

July 15th, 2009 at 06:43am Under music copyright

It is often bandied about that all you have to do is to place your manuscript or recording into an envelope, seal it and mail it to yourself. This supposedly uses the US Postal Service as the official government agency to certify that what is contained within the envelope is truly your material. This has been proven to be weak at best. Assuming that everything works according to the theory, the best you could do is prove prior ownership, maybe get a cease and desist order, but it’s doubtful you would ever see any money.

According to the US Copyright office you will have to register your music with them, if you wish to bring a lawsuit for infringement of a U.S. work. Registering with the copyright office also records your copyright publicly and provides you with a certification of registration. Should some nefarious beings abscond with your creation, and you have successfully obtained a copyright, you may be entitled to statutory damages and recoup attorney fees in a court of law. Without that piece of paper, you will most probably lose, or at least not recover any monetary damages.

Will a Copyright Protect Me in Other Countries?

The United States has reciprocal agreements with other nations with regards to copyright enforcement, but not with every country. While we respect the copyrights of others, they may not respect ours. This is the nature of the business you are entering into.

Make sure you have the right to ownership.

If you created your music solely on your own then you can file for copyright with you as the creator. If you were part of a group or had collaborators, then those parties may also have a legal interest in the copyright. If you have any doubts about ownership of your works, then it is best to seek the advice of an attorney who specializes in copyright law. A little effort on your part in the beginning to make sure that your rights and interests are fully protected to the extent the law allows, the smoother sailing you will have.

This Information is Brought to You By “EZ Record Deal”, the ultimate guide to getting a record deal. Visit EZ Record Deal now by going to www.EZRecordDeal.com