"Without question, this is THE book of music licensing and
should be the first place to look for anyone who has a question."
-- The Licensing Journal
"This book contains the best material I have ever read on the subject of clearing permission to use music. It’s well written, to the point, and a pleasure to read."
-- Ron Gertz, Esq., Chief Executive Officer, Clearing House, Ltd.
Introduction
Chapter 1 The Art of Music Licensing
Kohn On Music Licensing
To order by phone, call
Comments: RobtKohn@aol.com
Provides step-by-step techniques for granting and clearing licenses to use music, including advice for music publishers and songwriters and those seeking to clear a license to use music for commercial purposes.[Return to Summary Outline]
Chapter 2 The Art of Music Publishing
Provides an overview of the music publishing business, including a review of the major sources of music publishing income, and the division of music publishing income among music publishers and songwriters.[Return to Summary Outline]
Chapter 3 Songwriter Agreements
Provides one of the most detailed discussions available in print regarding the terms and conditions contained in typical songwriter agreements and suggests many of the common variations to those agreements negotiated on behalf of songwriters.[Return to Summary Outline]
Chapter 4 Co-Publishing and Administration
Continues the discussion of the previous chapter with an in depth discussion of arrangements between songwriters and music publishers known as participation deals. Provides an analysis of the two basic forms in which participation deals are made: co-publishing and administration agreements.[Return to Summary Outline]
Chapter 5 International Subpublishing
How a music publisher located in one country performs his responsibilities on a worldwide basis is through a process called subpublishing. This chapter sketches the business and legal background of international subpublishing, describes certain aspects of music publishing that are unique to international subpublishing, analyzes the considerations used in selecting an international subpublishing strategy, and provides some guidelines for negotiating some of the more common terms and conditions contained in a typical subpublishing agreement.[Return to Summary Outline]
Chapter 6 The Split Copyright Syndrome
Control of a copyright by two or more people -- a split copyright -- may pose one of the most frustrating barriers to clearing licenses to use music. This chapter sketches the chaos that can result fom co-ownership of copyright and suggests a solution that should enhance the value of a copyright and simplify the task of persons seeking to clear permission to use music for commercial purposes.[Return to Summary Outline]
Chapter 7 The Language of Music Licensing
Provides an overview of the basic vocabulary of music licensing, including basic copyright terminology, works for hire, co-ownership of copyright, the divisibility of copyright, and the difference between "rights" and "licenses."[Return to Summary Outline]
Chapter 8 The Formalities of Music Licensing
Sketches the formalities involved in transfering ownership in copyrights, exclusive rights under copyright, and licenses of copyright, including written, oral and implied licenses.[Return to Summary Outline]
Chapter 9 Duration of Copyright, Assignments of Copyright and Licenses
Provides an in depth look at the duration of copyrights, including copyright renewal, and the termination of grants and licenses under the U.S. Copyright Act.[Return to Summary Outline]
Chapter 10 Basic Considerations in Music Licensing
Reviews the basic considerations in music licensing, including the fee structure, the value of the song, the importance of the song in relation to the intended use, and the scope of the use.[Return to Summary Outline]
Chapter 11 Print Licenses
Provides an overview of the history of printed music and considerations for granting and clearing licenses to use printed music, including sheet music, songbooks, and lyric reprints, and other printed editions.[Return to Summary Outline]
Chapter 12 Mechanical Licenses
Provides a history of mechanical reproductions of music, from piano rolls to compact discs, and covers the considerations for granting and clearing licenses to make mechanical reproductions.[Return to Summary Outline]
Chapter 13 Electrical Transcription Licenses
Provides an overview of electrical transcriptions of music, including transcriptions for syndicated radio productions, in-flight audio programs, and commercial music for business.[Return to Summary Outline]
Chapter 14 Synchronization Licenses
Sketches the considerations involved in granting and clearing licenses to use music in motion pictures, television programs, and other audiovisual works.[Return to Summary Outline]
Chapter 15 Videogram Licenses
Sketches the considerations involved in granting and clearing licenses to reproduce and distribute videocassette and laserdisc copies of musical works that are part of motion pictures, television programs, and other audiovisual works, intended for distribution in the home video market.[Return to Summary Outline]
Chapter 16 Old Licenses/New Uses
Explores the problem of whether old licenses to use music in, for example, motion pictures and television programs, cover the use of music in new markets, such as the reproduction of videocassettes and laserdiscs for the home video market.[Return to Summary Outline]
Chapter 17 Performance Licenses
Sketches the historical and legal background of performance rights and performance rights societies and provides an outline of the customs and practices in licensing public performances of music.[Return to Summary Outline]
Chapter 18 The Grand Rights Controversy
A considerable amount of confusion among music publishers, songwriters, musical playwrights, producers, and their legal representatives has clouded the licensing of dramatic performances of music on state, television and motion pictures. This chapter sketches the distinction between dramatic and nondramatic performances, grand performances, and dramatic adaptations.[Return to Summary Outline]
Chapter 19 Radio, Television and Print Advertising
The convergence of radio and television with the commercial advertising industry has created one of the most lucrative markets for the licensing of music. This chapter explores the considerations in licensing music for use in radio, television and print advertising.[Return to Summary Outline]
Chapter 20 Music Boxes and Consumer Musical Products
From time to time a music publisher will receive a request for permission to use a musical composition in a consumer musical product, including music boxes, electronic greeting cards, and children's toys. This chapter explores the considerations in licensing music in these products.[Return to Summary Outline]
Chapter 21 Computer Software, Multimedia, and New Media Products
Sketches many of the recent developments in high technology, such as computer software, videogames, multimedia, karaoke, electronic bulletin board systems, and other new media products, and discusses the considerations in granting and clearing licenses for the use of music in these products.[Return to Summary Outline]
Chapter 22 Licensing Music in Cyberspace
The transmission of musical works over the Internet raises licensing issues that are different from their delivery on physical media distributed through retail stores or by direct mail, or delivered in a non-interactive (or linear) form of transmission, such as radio or television broadcast. This chapter will explore changes in the copyright law recently proposed by the National Information Infrastructure (NII) Working Group on Intellectual Property and the emerging issues involved in granting and clearing licenses to use music in cyberspace.[Return to Summary Outline]
Chapter 23 The Digital Sampling Controvery
Sketches the technical and legal background of digital sampling and describes the practices that have emerged in the music industry in connection with the licensing of and settlement of disputes about sampling activities.[Return to Summary Outline]
Chapter 24 The Fair Use Controvery
Explores the standards used in determining whether a use of a copyrighted song is considered a fair use, a use which does not require permission of the copyright owner. Includes a thorough review of the cases, including the recent Supreme Court decision concerning Two Live Crew's parody of Roy Orbison's Oh, Pretty Woman.[Return to Summary Outline]
Chapter 25 Live Musical Performances
In December, 1994, Congress revised the U.S. Copyright Law by enacting a new right under copyright -- the exclusive right to make -- or, to put it another way, the right to exclude others from making -- an audio or video recording of a live musical performance. This chapter describes this new right and introduces some of the questions raised by its enactment.[Return to Summary Outline]
Chapter 26 Typical Fees
A rare source of information about the prices typically charged by music publishers for the use of their music in motion pictures, television programs, commercial advertising, videograms, consumer musical products, and multimedia products. Some say this chapter alone is worth several times the price of the entire book.[Return to Summary Outline]
Kohn On Music Licensing 1997 Supplement
1-800-638-8437
To order by fax, send fax to
1-301-695-7931
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Copyright © 1995-1998 Bob Kohn
A Theoria Publication
(1/2/98)