Kohn On Music Licensing

Second Edition
by Al Kohn & Bob Kohn

Detailed
Table of Contents


Legend

denotes New Chapters or New Subject Coverage
denotes Major Revisions or Updates.
(Minor updates and revisions have been incorporated throughout the text).

Chapter 1 The Art of Music Licensing
  1. The Art of Granting Licenses
    1. Share in the Economic Success of the Work in which the Music is Going to Be Used
    2. Maximize the Long-term Value of the Work
    3. Maintain an Active Relationship Between the Song and the Listening Public
  2. The Art of Clearing License
    1. Understanding the Nature of Rights Involved
    2. Knowing What Music You Wish to License
    3. Develop a Licensing Strategy
      1. Approaching the Simple Project
        1. Find Out Who Owns the Song
        2. Getting Help From the Harry Fox Agency, ASCAP, BMI the Copyright Office, or Professional Search Agencies
        3. A Last Resort
        4. Contacting the Music Publisher
      2. Approaching the Complex Project
        1. Popular Music-driven Motion Picture Soundtracks, New Media Works
        2. Music Clearing Houses and Other Professional Assistance
        3. Finding the Recording or Orchestration
      3. Maybe You Just Need a Needledrop
      4. Maybe You Don't Need a License
        1. Using Music in the Public Domain
        2. Originating Your Own Music
        3. Purchasing All Rights in the Work You Desire to Use
        4. Making a Fair Use of Another's Copyrighted Work
    4. Understanding the Needs and Fears of the Music Copyright Owner
      1. Fear of Piracy
      2. Fear of Making a Bad Deal
      3. Fear of Getting Sued
    5. Spend time Educating the Copyright Owner About Your Intended Use of the Music
    6. Allow Enough Time to Complete the Process

Appendix to Chapter 1

Circulars

Reports

Chapter 2 The Art of Music Publishing
  1. Historical Background
    1. Music Publishing in America
    2. The First Professional Music Publishers in America
    3. Tin Pan Alley
  2. Music Publishing Today
  3. Sources of Music Publishing Income
    1. Major Sources of Income
    2. Seconday Sources of Income
    3. Emerging Sources of Income
  4. Distribution of Music Publishing Income
    1. Writer's Share
    2. Publisher's Share
  5. Organization of the Music Publisher
    1. Creative
    2. Administrative
      1. Copyright Department
      2. Licensing Department
      3. Legal Affairs Department
      4. Royalty Accounting Department
      5. International Department
      6. Print Department
  6. How To Establish a Music Publishing Company
  7. The Future of Music Publishing

Chapter 3 Songwriter Agreements
  1. Selecting a Music Publisher
  2. Negotiating the Songwriter/Publisher Relationship
    1. Negotiating for All or a Portion of the Publisher's Share
    2. Negotiating the Writer's Share (i.e., The Songwriter Agreement)
  3. Negotiating the Single Song Music Publishing Agreement
    1. Grant of Rights
    2. Territory
    3. Term
    4. Reversion of Rights
    5. Advances
    6. Cross-collateralization
    7. Royalties
      1. Sheet Music
      2. Printed Folios
      3. Other Printed Editions
      4. Printed Sublicensing
      5. Mechanical, Synchronization, and Other Royalties
      6. Performance Royalties
      7. International Royalties
      8. Promotional Copies
      9. Collaborative Royalties
      10. Demo Recordings
      11. Other Publishing Expenses
      12. No Other Royalties
      13. Advances from Licensees
    8. Accounting
      1. Accounting Statements
      2. Reserves Against Returns
      3. Objections
      4. Audit Privileges
      5. International Payments
    9. Name and Likeness
    10. Creative Controls
    11. Other Restrictions
      1. Restrictions on Mechanical Licensing
        1. Statutory Rate
        2. First Use Licensing
        3. Controlled Compositions
      2. Restrictions on Synchronization Licensing
      3. Restrictions on the Use of the Song's Title and on Dramatic Uses
      4. Restrictions on Print Licensing
  4. Negotiating the Exclusive Term Songwriter Agreement
    1. Exclusive Employment
      1. Works Made for Hire
      2. Demos
      3. Withholding
      4. Consideration
      5. Exclusivity
      6. Specific Enforcement
    2. Term
    3. Advances
    4. Cross-Collateralization
    5. Compositions Covered
    6. Other Provisions
  5. Collaborators
    1. Who Gets the Publishing?
    2. How are Royalties Shared Among Collaborators
    3. What Happens When Collaborators Sign-up With the Same Publisher?
    4. Should the Co-Authors Enter into a Collaboration Agreement?
  6. Summary

Appendix to Chapter 3

Forms

Chapter 4 Co-Publishing and Administration
  1. Co-Publishing Agreements
    1. As Distinguished from Administration and Collection Agreements
    2. When Used
    3. Negotiating the Co-Publishing Agreement
      1. Copyright Ownership
      2. Administration Rights
        1. Appoint an Exclusive Administrator
        2. Appoint an Exclusive Administrator Subject to Restrictions
        3. Allow Each Co-Owner to Administer his Own Share -- Co-Administration
      3. Revenue Sharing
    4. Administration Fee
  2. Administration Agreements
    1. When Used
    2. Negotiating the Adminstration Agreement
      1. Administration Fee
      2. Term
      3. Restriction on the Exercise of Administration Rights
  3. Collection Agreements

Appendix to Chapter 4

Forms

Chapter 5 International Subpublishing
  1. Business Background
    1. The International Market for Music
    2. International Performing Rights Adminstration
    3. International Mechanical Rights Adminstration
  2. Selecting a Subpublisher
    1. Worldwide or Territory-by-Territory Representation
    2. Promotion or Administration
    3. Entire Catalog or Individual Songs
    4. Reciprocal Relationships
    5. Doing Without a Subpublisher
  3. Negotiating the Subpublishing Agreement
    1. Introduction
    2. Compositions Covered
    3. Territory
    4. Rights Granted
      1. Print Rights
      2. Performance Rights
      3. Mechanical and Electrical Transcription Rights
      4. Synchronization Rights
      5. Videogram and Other Audiovisual Rights
      6. Commercial Advertising Rights
      7. Reserved Rights
    5. Subpublisher Fees and Publishing Income
      1. Print Income
      2. Mechanical and Electrical Transcription Income
      3. Performance Income
      4. Other Income
      5. Payment "At Source"
      6. Frozen Funds
      7. Black Box Moneys
    6. Translations
    7. Term
    8. Advances
    9. Disputes
  4. Working With Your Subpublisher

Appendix to Chapter 5

Forms

Chapter 6 The Spit Copyright Syndrome
  1. Legal Background
    1. Undivided Co-Ownership of Copyright
    2. Licensing Rights of Co-Owners
  2. The Problem - An Illustrative Example
  3. The Music Clearance Industry - A Partial Solution
  4. Tip on Clearing Licenses from Multiple Co-Owners
  5. Comment on Prudent Copyright Administration
  6. Curing the Split Copyright Syndrome
    1. Co-Publishing Agreement
    2. Restrictions
    3. Who Controls?
    4. Major Music Publisher
  7. The Final Solution -- Compusory License?
  8. Conclusion

Chapter 7 The Language of Music Licensing
  1. Music as Property
  2. Copyright
  3. Right vs. License
  4. Ownership of Music
  5. Works Made for Hire
  6. Joint Ownership of Music
  7. Non-Ownership of Music -- The Public Domain
    1. Where No Copyright Protection Was Ever Available
    2. Where Proper Copyright Protection Was Never Secured
    3. Copyright Protection Has Expired or Has Been Lost
    4. Hidden Problems
      1. Territory
      2. Arrangements
      3. Translations
      4. Underlying Works
  8. Deriving Income from Music
    1. Sale of Copyright
    2. Divisibility of Copyright and Sale of Exclusive Rights Under Copyright
    3. Deriving Income By Licensing use on a Non-exclusive Basis
  9. Types of Licenses for Music
    1. Print Licenses
    2. Mechanical Licenses
    3. Electrical Transcription Licenses
    4. Synchronization Licenses
    5. Videogram Licenses
    6. Commercial Synchronization Licenses
    7. Musical Product Licenses
    8. Multi-Media License
    9. Electronic Transmission Licenses and Electronic Reproduction Licenses
    10. Performance Licenses
    11. Dramatic Performance Licenses and Grand Performance Licenses
    12. Dramatic Adaptation Licenses
  10. Differences in the Rights and Privileges of Holder of Exclusive rights and Non-Exclusive Licenses
  11. Avoiding Confusion - Exclusive Rights vs. Non-Exclusive License
  12. Avoiding Confusion - Understanding Ownership of the “Undivided” Copyright
  13. Avoiding Confusion -- Selling, Assigning, Granting, Licensing
  14. The Language of the Art

Chapter 8 Formalities of Licensing
  1. Formalities of Assignment
    1. Assignment Must Be In Writing
    2. Recordation of Assignments
    3. Short Form Assignment Document
  2. Formalities of Licensing
    1. Written Licenses
    2. Oral Licenses
    3. Implied Licenses
    4. Operation of Law
  3. Get It in Writing
  4. Letter Form v. Contract Form
  5. Reference to the Parties
  6. Standard Terms and Conditions
  7. Forms Used in this Book

Appendix to Chapter 8

Forms

Chapter 9 Duration of Copyright, Assignments of Copyright, and Licenses
  1. Introduction
  2. Duration of Copyright
    1. Life
    2. Creation
    3. History
    4. The Appropriate Duration of Copyright Protection
    5. Duration of Copyright in Works Created On or After January 1, 1978
    6. Duration of Copyright in Works Created Before January 1, 1978
  3. Renewal of Copyright
    1. Permissive Registration
    2. When May Renewal Registration Be Submitted
    3. Renewal Copyright Claimants
    4. Proper Claimants For Renewal of Arrangements, Translations, Compilations, and Other Collective Works, and Derivative Works
    5. Renewal Copyright Owners
  4. Duration of Assignments of Copyright
    1. Duration Limited By the Terms of the Assignment
    2. Duration Limited By the Terms of the Copyright Law
      1. Grants Executed By the Author After January 1, 1978
      2. Grants Covering the Initial Term of Copyright
      3. Grants Covering the Renewal Term of Copyright
      4. Grants Covering the Extended (19-year) Term of Copyright
  5. Duration of an Assignment of Renewal Copyright
    1. Limited Relevancy
    2. Renewal Copyright v. Renewal Expectancy
    3. Transfer of Renewal Expectancy
    4. Operation of the Rule of Renewal Expectancy
    5. Formalities of Assigning Renewal Expectancies
    6. Renewal Copyright Vesting
    7. Renewal Vesting Under Copyright Renewal Act of 1992
    8. Effect of 1992 Act on Assignments of Renewal Expectancies
    9. Persons Entitled to Submit Renewal Applications
    10. Advice for Music Publishers
    11. Advice for Songwriters
  6. Duration of Licenses
    1. By Terms of the License
    2. By Terms of the Copyright Law
      1. Termination of Licenses Granted By Authors After January 1, 1978
      2. Licenses Covering the Initial Term of Copyright
      3. Licenses Purporting to Cover the Renewal Term of Copyright
      4. Effect of Rear Window on Music Licensing
        1. Effect on Which Songs Will Be Used In New Derivative Works
        2. Effect on Terms, if any, Upon Which Previously Produced Derivative Works May Continue to Be Exploited
          1. Licenses Granted to Music Publishers
          2. Mechanical Licenses Granted to Record Companies
          3. Synchronization Licenses Granted to Producers
          4. Master Licenses Granted to Producers to Use Sound Recordings
          5. Owners of Copies or Phonorecords Containing Affected Works
      5. Effect of 1992 Act
      6. Advice for Derivative Licensees
      7. Advice for Music Publishers
      8. Advice for Songwriters
      9. Licenses Covering the Extended (19-year) Term of Copyright
  7. After Life

Appendix to Chapter 9

Lists

Chapter 10 Basic Considerations in Music Licensing
  1. Basic Music Licensing Factors
    1. Fee Structure
      1. Practical Contraints
      2. Legal Contraints
    2. Value of the Song
      1. Quantitative Factors Affecting Value
      2. Qualitative Factors Affecting Value
    3. The Importance of the Song in Relation to Its Intended Use
      1. Why is the Song Being Used?
      2. How Will the Song Be Rendered?
      3. Will Any Changes be Made?
      4. Will the Song's Title Be Used for a Special Purpose?
    4. The Scope of the Intended Use
      1. What Media Will the License Cover?
      2. Through What Distribution Channels Will the Media Be Distributed?
      3. How Long Will the Use Be Permitted By the License?
      4. Where Will the Use Be Permitted?
      5. Who Else May Exercise a Similar Privilege to Use the Work?
  2. Common Terms and Conditions Regarding Fees and Payment
    1. Advances
    2. Cross-Collateralization
    3. Bonus
    4. Payment and Accounting
    5. Audit Privileges
    6. Reserves Against Returns
    7. Most Favored Nations
  3. Commonly Used Boilerplate Terms and Conditions
    1. Representations and Warranties
    2. Indemnification
    3. Assignment Clauses
    4. Benefit of Successors and Assigns
    5. Exclusion of All Other Express or Implied Warranties
    6. Exclusion of Consequential Damages
    7. Limitations of Liability
    8. Severability
    9. Cure Period
    10. Entire Agreement or Integration Provision
    11. Modifications and Amendments
    12. Waiver
    13. No Partnership or Agency
    14. No Third Party Beneficiaries
    15. Choice of Law
    16. Choice of Forum
    17. Confidentiality of Agreement
    18. Notice
    19. Advice of Legal Counsel
    20. Attorneys Fees
    21. Recitals
    22. Counterparts
    23. Captions
    24. Gender
    25. Effective Date
  4. Affiliated Company Problem
  5. General Advice to Music Copyright Owners -- Always Encourage Activity in the Song
  6. General Advice to Persons Seeking to Clear Licenses -- Fully Disclose All the Uses You Might Conceivably Make of the Music

Chapter 11 Print Licenses
  1. Historical Background
    1. Origins of Musical Notation
    2. The Art of Printing
    3. Printed Music Publishing in America
    4. Print Music Publishing Today
  2. Types of Printed Music
    1. Sheet Music
    2. Folio
    3. Personality Folio
    4. Instrument Folio
    5. Music Instruction Books
    6. Concert and Educational Editions
    7. Fakebooks
  3. Preparation and Distribution of Printed Music
    1. Independent Print Distributors
  4. Print Rights
    1. Granting and Acquiring Exclusive Print Rights
      1. Grants by Songwriters to Music Publishers
      2. Grants by Music Publishers to Print Music Distributors
  5. Print Licenses
    1. Granting and Clearing Non-Exclusive Licenses to Print Music in Folios
    2. Granting and Clearing Licenses to Print Lyrics
      1. Books
      2. Record Albums
      3. Lyric Magazines
      4. Print Advertising

Appendix to Chapter 11

Forms

Chapter 12 Mechanical Licenses
  1. Historical Background
    1. Music Boxes
    2. Player Piano Rolls
    3. Phonograph Records
    4. Compact Discs
  2. Legal Background
    1. Copyright
    2. Compulsory Licensing
  3. Considerations In Granting and Clearing Mechanical Licenses
    1. Fee Structure
      1. Giving or Getting a Rate
      2. Rate Changes
      3. Controlled Compositions
    2. Importance of the Song in Relations to its Intended Use
      1. Arrangements and Changes
      2. Initial Recordings
    3. Scope of the License
      1. Record Number vs. Master Number
      2. Type of Media
      3. Distribution Channels
      4. Term
      5. Territory
      6. Exclusivity
      7. Credit
  4. Mechanical Rights Agencies
  5. International Mechanical Rights Administration

Appendix to Chapter 12

Forms

Laws

Chapter 13 Electrical Transcription Licenses
  1. Distinction Between Mechanical Licenses and Electrical Transcription Licenses
  2. Types of Electrical Transcriptions
    1. Transcriptions for Radio Broadcast
      1. Themes and Introductions
      2. Syndicated Radio Programs
      3. Commercial Advertisements Prepared for Radio Broadcast
    2. Transcriptions for Background Music Services
      1. Muzak and 3M
      2. Performance License Aspects
      3. Recent Changes
    3. Transcriptions for In-Flight Use on Airlines
  3. Considerations in Granting and Clearing Electrical Transcription Licenses
    1. Fee Structure
    2. Value of the Song and Its Importance in Relation to the Intended Use
      1. Arrangements and Changes
    3. Scope of Use
      1. Type of Media
      2. Distribution Channels
      3. Term
      4. Territory
      5. Exclusivity
  4. Rights Agencies

Appendix to Chapter 13

Forms

Chapter 14 Synchronization Licenses
  1. Historical Background
    1. Early Motion Picture Technology
    2. The Emergence of the Motion Picture Industry
    3. Talkies
    4. Talkies and Music Publishing
  2. Considerations In Granting and Clearing Synchronization Licenses
    1. Fee Structure
      1. Performance License Aspects
    2. The Value of the Song
    3. The Importance of the Song in Relation to Its Intended Use
    4. Scope of the Use
      1. Media and Distribution Channels
      2. Term
        1. Authority to Issue Long-Term Licenses
        2. Effect of Rear Window Decision
      3. Territory
      4. Exclusivity
      5. Credit
      6. Changes and Translations
      7. Screening and Free Copies
      8. Most Favored Nations
  3. Theatrical Motion Picture Trailers
  4. Promotional Music Videos
  5. Non-Theatrical Business Video Programs

Appendix to Chapter 14

Forms

Chapter 15 Videogram Licenses
  1. The Rights Involved
  2. Emerging Fee/Royalties Issues
  3. Considerations in Granting and Clearing Videogram Licenses
    1. Fee Structure
    2. Importance of the Song in Relation to Its Intended Use
    3. Scope of the Intended Use
      1. Media
      2. Distribution Channels
      3. Term
      4. Territory
      5. Exclusivity
  4. Other Terms and Considerations
    1. Payment and Accounting
    2. Reserves Against Returns
    3. Most Favored Nations
    4. Free Copies
  5. Promotional Music Video Videogram License
  6. Non-Theatrical Videogram License
  7. Video Yearbooks

Appendix to Chapter 15

Forms

  • Form 15.1 Synchronization License for Motion Picture Theatrical and Television Exhibition With Videogram License on Percentage Royalty Basis
  • Form 15.2 Videogram License Provisions on "Block of Copies" Basis
  • Form 15.3 Videogram License Provisions on "Flat Fee" Basis for Fixed Term With Arbitration Provision
  • Form 15.4 Videogram License Provisions on Twice "Statutory Rate" Basis With Arbitration Provision
  • Form 15.5 Audiovisual Work Synchronization and Videogram License (Includes No Theatrical or Television Exhibition Provisions)
  • Form 15.6 Videogram Synchronization License Used By Harry Fox Agency
  • Form 15.7 Synchronization License for Promotional Music Videos With Videogram Provisions
  • Form 15.8 Non-Theatrical Film Synchronization License With Videogram Provisions

Chapter 16 Old Licenses, New Uses
  1. Types of Old Synchronization Licenses
    1. Old Licenses That Clearly Include Home Video Reproduction Privileges
    2. Old Licenses That Clearly Exclude Home Video Reproduction Privileges
    3. Old Licenses Whose Scope is Unclear
      1. Several Old Licenses
      2. Several Court Cases
      3. Recent Court Cases
  2. Determining The Scope of Ambiguous Licenses - A Suggested Approach
    1. Evidence of Intent of the Parties
    2. Where No Clear Intent of the Parties is Evident
      1. Expectations of the Film Producer
      2. Expectations of the Music Copyright Owner
  3. Avoiding Ambiguity

Appendix to Chapter 16

Forms

  • Form 16.1 Old Motion Picture Synchronization License

Chapter 17 Performance Licenses
  1. Historical Background
    1. Performance Rights Societies
    2. American Society of Composers, Authors & Publishers (ASCAP)
    3. Broadcast Music Incorporated (BMI)
    4. Society of European State Authors and Composers (SESAC)
    5. International Performance Rights Societies
  2. Legal Background
    1. Performances Under the Copyright Law Today
    2. Limitations on the Exclusive Right of Public Performance
      1. Non-Profit Performances
      2. Mom & Pop Stores
      3. Record Stores
      4. State Fairs
      5. Public Broadcasting
  3. Performance Rights Societies Today
    1. ASCAP
    2. BMI, Inc.
    3. SESAC, Inc.
    4. International Performance Rights Societies
    5. Membership Requirements
    6. Choosing the Society With Which to Affiliate
    7. Procedures Upon Affiliation
  4. Performance License Grants to Performing Rights Societies
    1. Non-Exclusive
    2. Equal Shares
    3. Assignability of Writer's Share
    4. Nondramatic Performances
  5. Considerations In Granting And Clearing Performance Licenses
    1. Blanket Licenses
    2. Source Licenses and Direct Licenses
    3. Per Program Licenses
  6. Collection of Performance Royalties From Music Users
    1. Broadcast Licensing
    2. General Licensing
  7. Distribution of Performance Royalties to Publisher and Writer Members
    1. Statistical Sampling
    2. Credit Systems
    3. Grievance Procedures

Appendix to Chapter 17

Forms

  • Form 17.1 BMI Writer Agreement
  • Form 17.2 BMI Publisher Agreement
  • Form 17.3 ASCAP Publisher/Writer Agreement
  • Form 17.4 BMI General License (for restaurants, bars, cafes, discos, etc.)
  • Form 17.5 BMI Hotel/Motel License
  • Form 17.6 BMI Music on Hold License
  • Form 17.7 BMI Athletic Clubs/Dance Classes
  • Form 17.8 BMI Subscription Music Service License
  • Form 17.9 BMI Inflight/Boarding License
  • Form 17.10 BMI Educational Institution License (One Tier)
  • Form 17.11 BMI Educational Institution License (Two Tier)
  • Form 17.12 BMI Single Radio Station Blanket License
  • Form 17.13 BMI Single Radio Station Per Program License
  • Form 17.14 ASCAP General License (for restaurants, taverns, nightclubs, and similar establishments)
  • Form 17.15 ASCAP Hotels and Motels License
  • Form 17.16 ASCAP Dancing Schools License
  • Form 17.17 ASCAP Concert and Recitals License (Blanket)
  • Form 17.18 ASCAP Concert and Recitals License (Per Concert)
  • Form 17.19 ASCAP Circus License
  • Form 17.20 ASCAP Symphony Orchestras Which Have Annual Total Expenses of $250,000 or More License

Lists

  • List 17.1 Major Overseas Performance Rights Societies

Chapter 18 The Grand Rights Controversy
  1. Overview of Theatrical Musical Productions
    1. Non-Musical Play With Incidental Music
    2. Play With Music
    3. Musical Revue
    4. Dramatico-Musical Work
  2. Legal Background
    1. Copyright
    2. Licensing By Theatrical Production Companies and Theatrical Agencies
    3. Licensing By Performance Rights Societies
    4. Licensing By Music Publishers
  3. Distinguishing Between Dramatic Rights, Nondrammatic Rights and Grand Rights
    1. Dramatic Performance Defined
    2. Nondramatic Performance Defined
    3. Grand Rights Defined
  4. Grand Performance Distinguished From Dramatic Performance
  5. Analysis of Various Dramatic and Nondramatic Uses of Music
    1. Performance Rights Societies
    2. Performance License Provisions
    3. Eight Examples of Performances of Music
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
      6. 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.
      7. 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.
      8. 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.
      9. Recent Court Cases
    4. Frank Music Corp. v. MGM Grand Hotel
    5. Gershwin v. the Whole Thing Co.
  6. Grand Right in a Person's Life Story?
  7. Broadcast of An Entire Album
    1. Operas
    2. Musical Plays
    3. Other Albums
  8. Dramatic Adaptation Rights
    1. Legal Background
    2. Popular Songs
    3. Show Tunes
    4. Music Videos
    5. Separate Adaptation License Required
    6. Dramatic Adaptation Right is not a Grand Right
  9. Determining Who Has the Right to License These Uses
    1. Non-dramatic Performances
    2. Dramatic Performances
    3. Dramatic Adaptations
    4. Grand Performances
  10. Licensing Considerations
    1. Considerations in Granting and Clearing Dramatic Performance Licenses
    2. Considerations in Granting and Clearing Adaptation Licenses
    3. Considerations in Granting and Clearing Grand Performances
  11. Recommendations and Summary

Appendix to Chapter 18

Forms

  • Form 18.1 License to Perform Music in a Live Stage Production
  • Form 18.2 License to Perform Music in a Live Stage Performance of Choreography
  • Form 18.3 Collaboration Agreement Among Writer of a Musical Play

Chapter 19 Licenses for Television, Radio, and Print Advertising
  1. Industry Background
  2. Considerations In Granting And Clearing Licenses To Use Music In Advertising
    1. Fee Structure
    2. The Value of the Song
      1. Nature of the Product or Service
      2. Reluctance To License
      3. Overcoming Reluctance
    3. The Importance of the Song In Relation to Its Intended Use
      1. Nature of the Product or Service
      2. Nature of the Use
      3. Use of Original Recordings
      4. Use of Sound-Alike Recordings
      5. Lyric Changes
      6. Use of the Song's Title
    4. Scope of the Intended Use
      1. Media and Distribution Channels
      2. Term
      3. Territory
      4. Exclusivity
  3. Print Advertising

Appendix to Chapter 19

Forms

  • Form 19.1 License for Use of Music in Radio or Television Advertisements
  • Form 19.2 Alternative License for Use of Music in Radio or Television Advertisements
  • Form 19.3 License for Use of Lyrics in a Print Advertisement

Chapter 20 Licenses for Music Boxes and Consumer Musical Products
  1. Background
  2. Considerations in Granting and Clearing Musical Product Licenses
    1. Fee Structure
      1. Applicability of Compulsory License Provision
    2. Value of the Song
    3. Importance of the Song in Relation to Its Intended Use
    4. Scope of Use
      1. Media
      2. Term
      3. Territory
      4. Exclusivity
  3. Printing of Music or Lyrics

Appendix to Chapter 20

Forms

    Form 20.1 License For Use of Music in Music Boxes
    Form 20.2 Alternative License for Use of Music in a Consumer Musical Product

Chapter 21 Licenses For Computer Software, Mutli-Media Disks and New Media Products

  1. Technological Developments
    1. Computer Software
      1. Videogame or Entertainment Software
      2. Educational Software
      3. Music Software
      4. Musical Instrument Digital Interface (MIDI) Software
      5. Business Software
    2. Multi-Media Programs
    3. New Media Products
      1. Karaoke
      2. Holographic Motion Pictures
  2. Considerations In Granting and Clearing Licenses For Computer Software, Multi-Media Programs, and New Media Products
    1. Fee Structure
      1. Flat Fee
      2. Royalty
      3. Pro Rata
      4. Applicability of the Compulsory License Provision
    2. Value of the Song
    3. Importance of the Song in Relation to Its Intended Use
      1. A Special Nature of Interactive Works
      2. Traditional Factors
    4. Scope of the Use
      1. Media
      2. Term
      3. Exclusivity
      4. Territory
  3. Additional Considerations in Clearing Licenses For Multi-Media and New Media Products
    1. Understanding All the Rights Involved
    2. Educate the Music Copyright Owner

Appendix to Chapter 21

Forms

  • Form 21.1 Multi-Media License Used By Harry Fox Agency
  • Form 21.2 Alternative Multimedia License
  • Form 21.3 Alternative Multimedia License
  • Form 21.4 MIDI License Used by Harry Fox Agency
  • Form 21.5 License to Use Music in Karaoke Recordings
  • Form 21.6 License to Use Film Footage From a Motion Picture
  • Form 21.7 License to a Still Photograph
  • Form 21.8 License to Use a Sound Recording
  • Form 21.9 Location Release
  • Form 21.10 Production Music License

Chapter 23 Licensing Music In Cyberspace
  1. Emerging Nomenclature
    1. Interactive Electronic Transmissions
    2. The Network
  2. Technological and Historical Background
    1. Introduction
    2. Online Electronic Information Services
    3. The Internet
    4. World Wide Web
    5. Electronic Commerce
    6. Transmission Medium: Telephone, Cable, or Airwaves
    7. The Interactive Nature of Cyberspace
      1. Two Way Communication
      2. Web site transmissions
      3. Publish and Subscribe Transmissions
      4. The End of Intellectual Property or a New Beginning?
  3. Legal Background
    1. Potential Forms of Uses under the Copyright law
      1. Performance
      2. Display
      3. Reproduction
      4. Distribution
      5. Publication
      6. Tranmission
    2. An Analysis of Proposed Changes to the U.S. Copyright Law Relating to Transmissions of Musical Works in Cyberspace
      1. Working Group on Intellectual Property Rights
      2. Recommendations of the Working Group
      3. Analysis of the Working Group's Recommendations
        1. Performance Right
        2. Display Right
        3. Distribution Right
        4. Reproduction Right
        5. Definition of Transmit
      4. Recent Cases
      5. A Recommendation
        1. Fixation Under the Copyright Act
          1. Transmissions That Always Result in a Fixation
          2. Transmissions That Sometimes Result in a Fixation
        2. To Fix or Not to Fix
        3. Transaction Costs
        4. Policy Analysis
        5. Recent Statutory Proposals
        6. Exclusive Right of Transmission for Reproduction
  4. An Analysis of the Licenses Required for Various Uses of Music in Cyberspace
    1. Introduction
    2. Illustrative Examples
    3. Actions by Web Site Operator
      1. Audio Recording Performed in Real Time
        1. Musical Work Copyright
          1. Mechanical Reproduction
          2. Public Performance
        2. Sound Recording Copyright
      2. Audio Recording Reproduced on Hard Disk and Subsequently Performed
      3. Audio Recording of Live Musical Performance Performed in Real Time
      4. MIDI File Performed in Real Time
      5. Video Recording of Motion Picture Containing Audio Recording Performed Real Time
        1. Motion Picture Copyright
        2. Sound Recording Copyright
        3. Musical Work Copyright
      6. Audio Recording of Web Site Operator Singing a Copyrighted Musical Work
      7. Home Video Recording Containing Audio Recording Performed in Real Time
        1. Musical Work Copyright
          1. Public Performance License
          2. Synchronization
          3. Videogram License
        2. Sound Recording Copyright
        3. Home Video Copyright
      8. Display of Musical Notation and Lyrics
        1. Electronic Print Reproduction License
        2. Electronic Print Display License
    4. Actions by Web Surfers
      1. Save each of the recordings and video clips, and the musical notation and lyrics, to your computer's hard disk
      2. Print out a copy of the musical notation and lyrics
      3. Place the materials on your own Web site, so that they are available for downloading by other individuals from your site, each of the recordings and video clips, and musical notation and lyrics, that you previously saved to your hard disk
      4. Send to your friend by electronic mail a copy of the each of the recordings and video clips, and musical notation and lyrics, that you previously saved to your hard disk
      5. Send to subscribers of a newsgroup tranmissions of each of the recordings and video clips, and musical notation and lyrics, that you previously saved to your hard disk
  5. Considerations in Granting and Clearing Licenses for the Use of Music in Cyberspace
    1. Performance Licenses
    2. Mechanical Licenses
    3. Synchronization Licenses
    4. Videogram Licenses
    5. Electronic Print Licenses
  6. Future of Licensing Music in Cyberspace

Appendix to Chapter 22

Forms

    Form 22.1 ASCAP Experimental Performance License Agreement for Computer Online Services, Electronic Bulletin Boards, Internet Sites, and Similar Operations

Chapter 23 The Digital Sampling Controversy
  1. Technical Background
  2. Recent Recording Practices
  3. Legal Background
    1. Multiple Copyright Infringement
      1. Infringement of the Music
        1. Clearly Infringing Samples
        2. Clearly Non-Infringing Samples
      2. Infringement of the Sound Recording
    2. No Fair Use
    3. Permission Required
  4. Considerations in Granting and Clearing Licenses for Digital Samples
    1. Music Licensing
      1. Applicability of Compulsory License Provision
      2. Alternatives Available to the Music Copyright Owner
        1. Do Nothing
        2. Refuse to License
        3. Grant a Mechanical License for a One-Time Flat Fee
        4. Grant a Mechanical License for a Royalty
        5. Grant a Mechanical License for a Royalty and Take a Share in a Percentage of the Performance Royalties of the New Composition
        6. Seek a Co-Ownership Interest in the New Composition
        7. Seek an Assignment of the Copyright in the New Composition
    2. Sound Recording Licensing
      1. Flat Fee Licenses
      2. Royalties
    3. Where Sampling Artist's Additional Musical Material is Owned by Another
  5. Conclusion

Appendix to Chapter 23

Forms

  • Form 23.1 Letter in Lieu of Mechanical License for Use of Digital Sample From a Musical Composition for Flat Fee
  • Form 23.2 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 23.3 Letter Agreement for Co-Ownership of a Musical Composition Containing a Digital Sample From Another Musical Composition
  • Form 23.4 Short Form Licensing and Co-Publishing Agreement for a Musical Composition Containing Sampled Material Taken From Another Musical Composition
  • Form 23.5 Long Form Licensing and Co-Publishing Agreement for a Musical Composition Containing Sampled Material Taken From Another Musical Composition
  • Form 23.6 Short Form Master License for Use of Sound Recording Sample on Flat Fee Basis
  • Form 23.7 Long Form Master License for Use of Sound Recording Sample on Flat Fee Basis
  • Form 23.8 Master License for Use of Sound Recording Sample on Royalty Basis

Chapter 24 The Fair Use Controversy
  1. Legal Background
    1. Fair Use as a Balancing Act
    2. Fair Use in the Copyright Act
  2. Fair Use in Music Licensing
    1. Photocopying
      1. Guidelines for Educational uses of Music
        1. Permissible Uses
        2. Prohibitions
    2. Criticism, Comment and Newsreporting
    3. Satire, Parody and Burlesque
      1. The Case of MAD Magazine
      2. The Case of Saturday Night Live
      3. The Case of the Boogie Woogie Bugle Boy
      4. The Case of Rick Dees
      5. The Case of the Pretty Woman
        1. First Factor
        2. Second Factor
        3. Third Factor
        4. Fourth Factor
    4. Lyric Quotes
    5. A Few Bars
    6. Digital Sampling
  3. Should You Ask for Permission?

Chapter 25 Live Musical Performances
  1. Introduction
  2. Prohibited Conduct
  3. Consent
  4. Remedies
  5. Affirmative Defenses
  6. Effective Date
  7. Why the Bootlegging Law Was Enacted
  8. TRIPs Requirements
  9. Constitutional Foundation for the Bootlegging Law

Chapter 26 Typical License Fees
  1. Print License Fees
    1. Standard Publishing Agreement Between Songwriter and Music Publisher
    2. Agreement Between Music Publisher and Independent Print Publisher
    3. Printing of Lyrics
  2. Mechanical License Fees
  3. Electrical Transcription Fees
  4. Synchronization Fees
    1. Television Synchronization License Fees
    2. Theatrical Motion Picture Synchronization License Fees
    3. Non-Theatrical Film Synchronization License Fees
    4. Synchronization License for Music Videos
  5. Videogram Fees
    1. For Motion Picture Videograms
    2. For Music Videos
    3. Video Yearbooks
    4. Corporate Video Synchronization License
  6. Commercial Advertising License Fee
    1. Television Commercial Synchronization License
    2. Radio Commercial Electrical Transcription License
    3. Print Advertising
  7. Music Boxes and Commerical Product License Fees
  8. Computer Software, Multi-Media, and New Media Product Fees
    1. Video Arcade Games
  9. Internet and Cyberspace Fees
  10. Needledrop or Production Music Library Fees
  11. Performance License Fees
  12. Living Stage Performance License Fees
  13. Sampling License Fees

Order Now

By Internet,

Kohn On Music Licensing
Kohn On Music Licensing 1997 Supplement

By phone,

1-800-638-8437

By fax,

1-301-695-7931

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Comments: RobtKohn@aol.com
Copyright © 1992-1998 Bob Kohn
A Theoria Publication
(1/2/98)