- The Right Involved
- Emerging Fee/Royalties Issues
- Consideration in Granting and Clearing Videogram Licenses
- Fee Structure
- Importance of the Song in Relation to Its Intended Use
- Scope of the Intended Use
- Media
- Distribution Channels
- Term
- Territory
- Exclusivity
- Other Terms and Considerations
- Payment and Accounting
- Reserves Against Returns
- Most Favored Nations
- Free Copies
- Promotional Music Video Videogram License
- Non-Theatrical Videogram License
- Video Yearbooks
Forms
- Form 10.1 Synchronization License for Motion Picture Theatrical
and Television Exhibition With Videogram License
on Percentage Royalty Basis
- Form 10.2 Videogram License Provisions on "Block of Copies" Basis
- Form 10.3 Videogram License Provisions on "Flat Fee" Basis for
Fixed Term With Arbitration Provision
- Form 10.4 Videogram License Provisions on Twice "Statutory Rate"
Basis With Arbitration Provision
- Form 10.5 Audiovisual Work Synchronization and Videogram License
(Includes No Theatrical or Television Exhibition Provisions)
- Form 10.6 Videogram Synchronization License Used By
Harry Fox Agency
- Form 10.7 Synchronization License for Promotional
Music Videos With Videogram Provisions
- Form 10.8 Non-Theatrical Film Synchronization License
With Videogram Provisions
Chapter 11 Old Licenses and New Uses
- Types of Old Synchronization Licenses
- Old Licenses That Clearly Include Home Video Reproduction Privileges
- Old Licenses That Clearly Exclude Home Video Reproduction Privileges
- Old Licenses Whose Scope is Unclear
- Several Old Licenses
- Several Court Cases
- Recent Court Cases
- Determining The Scope of Ambiguous Licenses - A Suggested Approach
- Evidence of Intent of the Parties
- Where No Clear Intent of the Parties is Evident
- Expectations of the Film Producer
- Expectations of the Music Copyright Owner
- Avoiding Ambiguity
Forms
- Form 11.1 Old Motion Picture Synchronization License
Chapter 12 Licenses for Television, Radio, and Print Advertising
- Industry Background
- Considerations In Granting And Clearing Licenses To Use Music In Advertising
- Fee Structure
- The Value of the Song
- Nature of the Product or Service
- Reluctance To License
- Overcoming Reluctance
- The Importance of the Song In Relation to Its Intended Use
- Nature of the Product or Service
- Nature of the Use
- Use of Original Recordings
- Use of Sound-Alike Recordings
- Lyric Changes
- Use of the Song's Title
- Scope of the Intended Use
- Media and Distribution Channels
- Term
- Territory
- Exclusivity
- Print Advertising
Forms
- Form 12.1 License for Use of Music in Radio or Television Advertisements
- Form 12.2 Alternative License for Use of Music in Radio or Television Advertisements
- Form 12.3 License for Use of Lyrics in a Print Advertisement
Chapter 13 Licenses for Music Boxes and Consumer Musical Products
- Background
- Considerations in Granting and Clearing Musical Product Licenses
- Fee Structure
- Applicability of Compulsory License Provision
- Value of the Song
- Importance of the Song in Relation to Its Intended Use
- Scope of Use
- Media
- Term
- Territory
- Exclusivity
- Printing of Music or Lyrics
Forms
Form 13.1 License For Use of Music in Music Boxes
Form 13.2 Alternative License for Use of Music in a Consumer Musical Product
Chapter 14 Licenses For Computer Software, Mutli-Media Disks and New Media Products
- Technological Developments
- Computer Software
- Videogame or Entertainment Software
- Educational Software
- Music Software
- Musical Instrument Digital Interface (MIDI) Software
- Business Software
- Multi-Media Programs
- New Media Products
- Karaoke
- Electronic Bulletin Board Services (BBS)
- Holographic Motion Pictures
- Considerations In Granting and Clearing Licenses For Computer Software, Multi-Media Programs, and New Media Products
- Fee Structure
- Flat Fee
- Royalty
- Pro Rata
- Applicability of the Compulsory License Provision
- Value of the Song
- Importance of the Song in Relation to Its Intended Use
- A Special Nature of Interactive Works
- Traditional Factors
- Scope of the Use
- Media
- Term
- Exclusivity
- Territory
- Additional Considerations in Clearing Licenses For Multi-Media and New Media Products
- Understanding All the Rights Involved
- Educate the Music Copyright Owner
Forms
Form 14.1 Multi-Media License Used By Harry Fox Agency
Form 14.2 MDI License Used by Harry Fox Agency
Form 14.3 License to Use Music in Karaoke Recordings
Form 14.4 License to Use Film Footage From a Motion Picture
Form 14.5 License to a Still Photograph
Form 14.6 License to Use a Sound Recording
Form 14.7 Location Release
Chapter 15 Performance Licenses
- Historical Background
- Performance Rights Societies
- American Society of Composers, Authors & Publishers (ASCAP)
- Broadcast Music Incorporated (BMI)
- Society of European State Authors and Composers (SESAC)
- International Performance Rights Societies
- Legal Background
- Performances Under the Copyright Law Today
- Limitations on the Exclusive Right of Public Performance
- Non-Profit Performances
- Mom & Pop Stores
- Record Stores
- State Fairs
- Public Broadcasting
- Peformance Rights Societies Today
- ASCAP
- BMI, Inc.
- SESAC, Inc.
- International Performance Rights Societies
- Membership Requirements
- Choosing the Society With Which to Affiliate
- Procedures Upon Affiliation
- Performance License Grants to Performing Rights Societies
- Non-Exclusive
- Equal Shares
- Assignability of Writer's Share
- Nondramatic Performances
- Considerations In Granting And Clearing Performance Licenses
- Blanket Licenses
- Source Licenses and Direct Licenses
- Per Program Licenses
- Collection of Performance Royalties From Music Users
- Distribution of Performance Royalties to Publisher and Writer Members
- Statistical Sampling
- Credit Systems
- Grievance Procedures
Forms
- Form 15.1 BMI Writer Agreement
- Form 15.2 BMI Publisher Agreement
- Form 15.3 ASCAP Publisher/Writer Agreement
- Form 15.4 BMI General License (for restaurants, bars, cafes, discos, etc.)
- Form 15.5 BMI Hotel/Motel License
- Form 15.6 BMI Music on Hold License
- Form 15.7 BMI Athletic Clubs/Dance Classes
- Form 15.8 BMI Subscription Music Service License
- Form 15.9 BMI Inflight/Boarding License
- Form 15.10 BMI Educational Institution License (One Tier)
- Form 15.11 BMI Educational Institution License (Two Tier)
- Form 15.12 BMI Single Radio Station Blanket License
- Form 15.13 BMI Single Radio Station Per Program License
- Form 15.14 ASCAP General License (for restaurants, taverns, nightclubs,
and similar establishments)
- Form 15.15 ASCAP Hotels and Motels License
- Form 15.16 ASCAP Dancing Schools License
- Form 15.17 ASCAP Concert and Recitals License (Blanket)
- Form 15.18 ASCAP Concert and Recitals License (Per Concert)
- Form 15.19 ASCAP Circus License
- Form 15.20 ASCAP Symphony Orchestras Which Have Annual
Total Expenses of $250,000 or More License
Lists
- List 15.1 Major Overseas Performance Rights Societies
Chapter 16 The Grand Rights Controversy
- Overview of Theatrical Musical Productions
- Non-Musical Play With Incidental Music
- Play With Music
- Musical Revue
- Dramatico-Musical Work
- Legal Background
- Copyright
- Licensing By Theatrical Production Companies and Theatrical Agencies
- Licensing By Performance Rights Societies
- Licensing By Music Publishers
- Distinguishing Between Dramatic Rights, Nondrammatic Rights and Grand Rights
- Dramatic Performance Defined
- Nondramatic Performance Defined
- Grand Rights Defined
- Grand Performance Distinguished From Dramatic Performance
- Analysis of Various Dramatic and Nondramatic Uses of Music
- Performance Rights Societies
- Performance License Provisions
- Eight Examples of Performances of Music
- A non-dramatic rendition of a musical composition, that was not originally part of any opera, operetta, musical comedy, play or like production, on stage in a theatre, nightclub, cabaret, concert hall, or like establishment.
- A dramatic rendition of a musical composition, that was not originally part of an opera, operetta, musical comedy, play or like production, on stage in a theatre, nightclub, cabaret, concert hall or like establishment.
- A non-dramatic rendition of a musical compositin that was originally part of an opera, operetta, musical comedy, play, or like production, on stage in a theatre, nightclub, cabaret, concert hall, or like establishment.
- A dramatic renditin of a musical composition, that was originally part of an opera, operetta, musical comedy, play, or like production, on stage in a nightclub, cabaret, concert hall, or like establishment.
- A non-dramatic rendition of a musical composition, that was not originally part of an opera, operetta, musical comedy, play, or like production, in a television program, motion picture, videogram or like work.
- A dramatic rendition of a musical composition, that was not originally part of an opera, operetta, musical comedy, play, or like production, in a television program, motion picture, videogram or like work.
- A non-dramatic rendition of a musical composition, that was originally part of an opera, operetta, musical comedy, play, or like production, in a television program, motion picture, videogram or like work.
- A dramatic rendition of a musical composition, that was not originally part of an opera, operetta, musical comedy, play, or like production, in a television program, motion picture, videogram or like work.
- Recent Court Cases
- Frank Music Corp. v. MGM Grand Hotel
- Gershwin v. the Whole Thing Co.
- Grand Right in a Person's Life Story?
- Broadcast of An Entire Album
- Operas
- Musical Plays
- Other Albums
- Dramatic Adaptation Rights
- Legal Background
- Popular Songs
- Show Tunes
- Music Videos
- Separate Adaptation License Required
- Dramatic Adaptation Right is not a Grand Right
- Determining Who Has the Right to License These Uses
- Non-dramatic Performances
- Dramatic Performances
- Dramatic Adaptations
- Grand Performances
- Licensing Considerations
- Considerations in Granting and Clearing Dramatic Performance Licenses
- Considerations in Granting and Clearing Adaptation Licenses
- Considerations in Granting and Clearing Grand Performances
- Summary
Forms
- Form 16.1 License to Perform Music in a Live Stage Production
- Form 16.2 License to Perform Music in a Live Stage Performance of Choreography
- Form 16.3 Collaboration Agreement Among Writer of a Musical Play
Chapter 17 The Digital Sampling Controversy
- Technical Background
- Recent Recording Practices
- Legal Background
- Multiple Copyright Infringement
- Infringement of the Music
- Clearly Infringing Samples
- Clearly Non-Infringing Samples
- Infringement of the Sound Recording
- No Fair Use
- Permission Required
- Considerations in Granting and Clearing
- Music Licensing
- Applicability of Compulsory License Provision
- Alternatives Available to the Music Copyright Owner
- Do Nothing
- Refuse to License
- Grant a Mechanical License for a One-Time Flat Fee
- Grant a Mechanical License for a Royalty
- Grant a Mechanical License for a Royalty and Take a Share in a Percentage of the Performance Royalties of the New Composition
- Seek a Co-Ownership Interest in the New Composition
- Seek an Assignment of the Copyright in the New Composition
- Sound Recording Licensing
- Flat Fee Licenses
- Royalties
- Where Sampling Artist's Additional Musical Material is Owned by Another
- Conclusion
Forms
- Form 17.1 Letter in Lieu of Mechanical License for Use of Digital Sample From a
Musical Composition for Flat Fee
- Form 17.2 Side Letter for Use of Digital Sample From a Musical Composition - To
Be Used in Conjunction With Mechanical License (see Forms 7.1, 7.2, and 7.3)
- Form 17.3 Letter Agreement for Co-Ownership of a Musical Composition Containing
a Digital Sample From Another Musical Composition
- Form 17.4 Short Form Licensing and Co-Publishing Agreement for a Musical Composition Containing Sampled Material Taken From Another Musical Composition
- Form 17.5 Long Form Licensing and Co-Publishing Agreement for a Musical Composition Containing Sampled Material Taken From Another
Musical Composition
- Form 17.6 Short Form Master License for Use of Sound Recording Sample
on Flat Fee Basis
- Form 17.7 Long Form Master License for Use of Sound Recording Sample
on Flat Fee Basis
- Form 17.8 Master License for Use of Sound Recording Sample on Royalty Basis
Chapter 18 The Split Copyright Syndrome
- Undivided Co-Ownership of Copyright
- The Problem - An Illustrative Example
- The Music Clearance Indutry - A Partial Solution
- Legal Background
- Tip on Clearing Licenses from Multiple Co-Owners
- Copyright Administration
- Curing the Split Copyright Syndrome
- Compulsory License
- Exclusive Administration Rights
- Co-Publishing Agreement
- Administration Agreement
- Conclusion
Forms
- Form 18.1 Co-Publishing Agreement With Exclusive Administration Rights
Granted to one Co-Owner
- Form 18.2 Alternative Co-Publishing Agreement With Exclusive Administration
Rights Granted to One Co-Owner, Subject to Certain Restrictions
- Form 18.3 Administration Agreement
Circulars
Circular 18.1 U. S. Copyright Office Circular R22 - "How to Investigate the Copyright
Status of Work"
Chapter 19 Typical License Fees
- Print License Fees
- Standard Publishing Agreement Between Songwriter and Music Publisher
- Agreement Between Music Publisher and Independent Print Publisher
- Printing of Lyrics
- Mechanical License Fees
- Electrical Transcription Fees
- Synchronization Fees
- Television Synchronization License Fees
- Theatrical Motion Picture Synchronization License Fees
- Non-Theatrical Film Synchronization License Fees
- Synchronization License for Music Videos
- Videogram Fees
- For Motion Picture Videograms
- For Music Videos
- Video Yearbooks
- Corporate Video Synchronization License
- Commercial Advertising License Fee
- Television Commercial Synchronization License
- Radio Commercial Electrical Transcription License
- Print Advertising
- Music Boxes and Commerical Product License Fees
- Computer Software, Multi-Media, and New Media Product Fees
- Video Arcade Games
- Performance License Fees
- Living Stage Performance License Fees
- Sampling License Fees
- Music
- Sound Recording Index
- MIDI Software Fees
Circulars
- Circular 19.1 The ASCAP Survey and Your Royalties
To order, call
1-800-638-8437
To order by fax, send fax to
1-301-695-7931
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Comments: RobtKohn@aol.com
Copyright © 1995 Bob Kohn
A Theoria Publication
(1/15/96)