logging in or signing up Hot Topics in Copyright randallfoster Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 17 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: December 17, 2011 This Presentation is Public Favorites: 0 Presentation Description Copyright for Music Educators Presentation given by Randall Foster and Jeni Paulson at Midwest Band and Orchestra Clinic, December 2011 Comments Posting comment... Premium member Presentation Transcript Hot Topics in Copyright: Hot Topics in Copyright Presented by: Jeni Paulson, President CopyCat Music Licensing, LLC Randall Foster Licensing & Business Development Manager Naxos of America, Inc.© - What is Copyright? : © - What is Copyright? Copyright is: “An intangible right granted by statute to the author or originator of certain literary or artistic productions, whereby he(she) is invested for a specified period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them.” In plain English please????Common Misconceptions: Common Misconceptions I purchased enough original copies for each student so I can make that many photocopies now too.Common Misconceptions: Common Misconceptions I purchased enough original copies for each student so I can make that many photocopies now too. I’m not making any money off of the CDs that I made so I don’t need a license.Common Misconceptions: Common Misconceptions I purchased enough original copies for each student so I can make that many photocopies now too. I’m not making any money off of the CDs that I made so I don’t need a license. I only arranged 8 measures of that song so it doesn’t require permission.Common Misconceptions: Common Misconceptions I purchased enough original copies for each student so I can make that many photocopies now too. I’m not making any money off of the CDs that I made so I don’t need a license. I only arranged 8 measures of that song so it doesn’t require permission. I’m using music for educational purposes, therefore my use constitutes “Fair Use.”The “Fair Use” doctrine: The “Fair Use” doctrine The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines or notes that may be safely taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.What IS “Fair Use?”: What IS “Fair Use?” Must be for the purposes of: Criticism Comment News Reporting Teaching (including multiple copies for classroom use) Scholarship ResearchWhat IS “Fair Use?”: What IS “Fair Use?” Factors that must be considered: The purpose and character of the work, including whether the use is of a commercial nature or for nonprofit educational use ;What IS “Fair Use?”: What IS “Fair Use?” Factors that must be considered: The purpose and character of the work, including whether the use is of a commercial nature or for nonprofit educational use; The nature of the copyrighted work;What IS “Fair Use?”: What IS “Fair Use?” Factors that must be considered: The purpose and character of the work, including whether the use is of a commercial nature or for nonprofit educational use; The nature of the copyrighted work; The amount of the portion used in relation to the copyrighted work as a wholeWhat IS “Fair Use?”: What IS “Fair Use?” Factors that must be considered: The purpose and character of the work, including whether the use is of a commercial nature or for nonprofit educational use; The nature of the copyrighted work; The amount of the portion used in relation to the copyrighted work as a whole; The effect of the use upon the potential market for or value of the copyrighted work.What is Public Domain?: What is Public Domain? Copyright in the original composition has “expired,” OR The music was written and placed directly in the public domain from conception Note: Public Domain does not equal free to use at all times in all mannersHow Do I Know If It’s Public Domain or Copyrighted?: How Do I Know If It’s Public Domain or Copyrighted? Music first published in 1922 or earlier is now public domain.How Do I Know If It’s Public Domain or Copyrighted?: How Do I Know If It’s Public Domain or Copyrighted? Music first published in 1922 or earlier is now public domain. Music first published between 1923-1977 is protected for a term of 95 years.How Do I Know If It’s Public Domain or Copyrighted?: How Do I Know If It’s Public Domain or Copyrighted? Music first published in 1922 or earlier is now public domain. Music first published between 1923-1977 is protected for a term of 95 years. Songs created in 1978 or later are protected for the life of the last living composer plus 70 years.How Do I Know If It’s Public Domain or Copyrighted?: How Do I Know If It’s Public Domain or Copyrighted? Music first published in 1922 or earlier is now public domain. Music first published between 1923-1977 is protected for a term of 95 years. Songs created in 1978 or later are protected for the life of the last living composer plus 70 years. Songs created in 1978 or later as a “Work-For-Hire” are protected for 120 years after creation or 95 years after publication, whichever comes first.What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the work in copies. (Print) Permission to photocopy – start with the print publisher to published the music you want to photocopy. If they can’t grant permission they will generally refer you to the correct party.What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To prepare derivative works based upon the work. (Arrangement) To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To prepare derivative works based upon the work. (Arrangement) The U.S. Copyright Act defines a “derivative work” as “a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization…. motion picture version, sound recording….or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a ‘derivative work’.” – U.S. Copyright Act – 17 U.S.C. § 101What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To prepare derivative works based upon the work. (Arrangement) For Popular music s tart with: Alfred Publishing Co., Inc. or Hal Leonard Corp. For Classical music start with: G. Schirmer , Inc. or Boosey & Hawkes, Inc. For other types of music (ex. Jazz) go directly to the copyright owner. Use ASCAP.com and/or BMI.com to determine the copyright ownerWhat Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the work in sound recordings (Mechanical) To prepare derivative works based upon the work. (Arrangement) To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the work in sound recordings (Mechanical) Copyright owner controls these rights. Many copyright owners have designated The Harry Fox Agency to be their agent in issuing voluntary mechanical licenses. Royalty rate is: Songs Under 5:00 - $.091 per song/per CD sold Songs Over 5:00 - $.0175 per minute/per song for each CD soldWhat Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To synchronize the work in timed-relation with audio-visual images on film or videotape (Synchronization) To reproduce the work in sound recordings (Mechanical ) To prepare derivative works based upon the work. (Arrangement ) To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To synchronize the work in timed-relation with audio-visual images on film or videotape (Synchronization) Permission is almost always obtained from the copyright owner. Use ASCAP.com and/or BMI.com to determine the copyright owner. Royalty rates are negotiated between the copyright owner and the licensee and are not established by law. Permission is not guaranteed.What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To publicly perform the work (Performance) To synchronize the work in timed-relation with audio-visual images on film or videotape (Synchronization ) To reproduce the work in sound recordings (Mechanical ) To prepare derivative works based upon the work. (Arrangement ) To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To publicly perform the work (Performance) Includes live performances as well as the “performance” of a copyrighted work over the internet via Streaming Video or Streaming Audio. ASCAP, BMI and SESAC are the three Performing Rights Organizations (PRO) in the U.S.What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the recording in timed-relation with audio or audio-visual images (Master Use) To publicly perform the work (Performance ) To synchronize the work in timed-relation with audio-visual images on film or videotape (Synchronization ) To reproduce the work in sound recordings (Mechanical ) To prepare derivative works based upon the work. (Arrangement ) To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the recording in timed-relation with audio or audio-visual images (Master Use) Permission is always granted by the Record Label that owns the rights to the sound recording.Resources: Resources ASCAP ( www.ASCAP.com/ace ) BMI ( repertoire.bmi.com ) Harry Fox Agency ( www.harryfox.com ) U.S. Copyright Office ( http://copyright.gov ) SESAC ( www.sesac.com ) – Repertory Search Public Domain - Pdinfo.com Albums, Songs, Etc. - Allmusic.comWhy is this important?: Why is this important? It’s the Law.Why is this important?: Why is this important? It’s the Law. Failure to comply could cost your program hundreds if not thousands of dollars.Why is this important?: Why is this important? It’s the Law. Failure to comply could cost your program hundreds if not thousands of dollars. Failure to comply could cost you your job.But How Do I Get Permission?: But How Do I Get Permission? Permissions are easy. DIY Do your research- find the copyright owners/publishers/etc. Submit a formal WRITTEN request. Wait and follow upPermissions cont.: Permissions cont. <or> Hire a professional They do the research for you Assist in facilitating your permissions Take care of everythingResources : Resources Entertainment Attorneys Clearance Companies Copycatlicensing.com Clearance.com (Evan Greenspan) TheMusicBridge.com Google “Music Clearance”Questions???: Questions??? You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
Hot Topics in Copyright randallfoster Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 17 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: December 17, 2011 This Presentation is Public Favorites: 0 Presentation Description Copyright for Music Educators Presentation given by Randall Foster and Jeni Paulson at Midwest Band and Orchestra Clinic, December 2011 Comments Posting comment... Premium member Presentation Transcript Hot Topics in Copyright: Hot Topics in Copyright Presented by: Jeni Paulson, President CopyCat Music Licensing, LLC Randall Foster Licensing & Business Development Manager Naxos of America, Inc.© - What is Copyright? : © - What is Copyright? Copyright is: “An intangible right granted by statute to the author or originator of certain literary or artistic productions, whereby he(she) is invested for a specified period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them.” In plain English please????Common Misconceptions: Common Misconceptions I purchased enough original copies for each student so I can make that many photocopies now too.Common Misconceptions: Common Misconceptions I purchased enough original copies for each student so I can make that many photocopies now too. I’m not making any money off of the CDs that I made so I don’t need a license.Common Misconceptions: Common Misconceptions I purchased enough original copies for each student so I can make that many photocopies now too. I’m not making any money off of the CDs that I made so I don’t need a license. I only arranged 8 measures of that song so it doesn’t require permission.Common Misconceptions: Common Misconceptions I purchased enough original copies for each student so I can make that many photocopies now too. I’m not making any money off of the CDs that I made so I don’t need a license. I only arranged 8 measures of that song so it doesn’t require permission. I’m using music for educational purposes, therefore my use constitutes “Fair Use.”The “Fair Use” doctrine: The “Fair Use” doctrine The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines or notes that may be safely taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.What IS “Fair Use?”: What IS “Fair Use?” Must be for the purposes of: Criticism Comment News Reporting Teaching (including multiple copies for classroom use) Scholarship ResearchWhat IS “Fair Use?”: What IS “Fair Use?” Factors that must be considered: The purpose and character of the work, including whether the use is of a commercial nature or for nonprofit educational use ;What IS “Fair Use?”: What IS “Fair Use?” Factors that must be considered: The purpose and character of the work, including whether the use is of a commercial nature or for nonprofit educational use; The nature of the copyrighted work;What IS “Fair Use?”: What IS “Fair Use?” Factors that must be considered: The purpose and character of the work, including whether the use is of a commercial nature or for nonprofit educational use; The nature of the copyrighted work; The amount of the portion used in relation to the copyrighted work as a wholeWhat IS “Fair Use?”: What IS “Fair Use?” Factors that must be considered: The purpose and character of the work, including whether the use is of a commercial nature or for nonprofit educational use; The nature of the copyrighted work; The amount of the portion used in relation to the copyrighted work as a whole; The effect of the use upon the potential market for or value of the copyrighted work.What is Public Domain?: What is Public Domain? Copyright in the original composition has “expired,” OR The music was written and placed directly in the public domain from conception Note: Public Domain does not equal free to use at all times in all mannersHow Do I Know If It’s Public Domain or Copyrighted?: How Do I Know If It’s Public Domain or Copyrighted? Music first published in 1922 or earlier is now public domain.How Do I Know If It’s Public Domain or Copyrighted?: How Do I Know If It’s Public Domain or Copyrighted? Music first published in 1922 or earlier is now public domain. Music first published between 1923-1977 is protected for a term of 95 years.How Do I Know If It’s Public Domain or Copyrighted?: How Do I Know If It’s Public Domain or Copyrighted? Music first published in 1922 or earlier is now public domain. Music first published between 1923-1977 is protected for a term of 95 years. Songs created in 1978 or later are protected for the life of the last living composer plus 70 years.How Do I Know If It’s Public Domain or Copyrighted?: How Do I Know If It’s Public Domain or Copyrighted? Music first published in 1922 or earlier is now public domain. Music first published between 1923-1977 is protected for a term of 95 years. Songs created in 1978 or later are protected for the life of the last living composer plus 70 years. Songs created in 1978 or later as a “Work-For-Hire” are protected for 120 years after creation or 95 years after publication, whichever comes first.What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the work in copies. (Print) Permission to photocopy – start with the print publisher to published the music you want to photocopy. If they can’t grant permission they will generally refer you to the correct party.What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To prepare derivative works based upon the work. (Arrangement) To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To prepare derivative works based upon the work. (Arrangement) The U.S. Copyright Act defines a “derivative work” as “a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization…. motion picture version, sound recording….or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a ‘derivative work’.” – U.S. Copyright Act – 17 U.S.C. § 101What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To prepare derivative works based upon the work. (Arrangement) For Popular music s tart with: Alfred Publishing Co., Inc. or Hal Leonard Corp. For Classical music start with: G. Schirmer , Inc. or Boosey & Hawkes, Inc. For other types of music (ex. Jazz) go directly to the copyright owner. Use ASCAP.com and/or BMI.com to determine the copyright ownerWhat Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the work in sound recordings (Mechanical) To prepare derivative works based upon the work. (Arrangement) To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the work in sound recordings (Mechanical) Copyright owner controls these rights. Many copyright owners have designated The Harry Fox Agency to be their agent in issuing voluntary mechanical licenses. Royalty rate is: Songs Under 5:00 - $.091 per song/per CD sold Songs Over 5:00 - $.0175 per minute/per song for each CD soldWhat Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To synchronize the work in timed-relation with audio-visual images on film or videotape (Synchronization) To reproduce the work in sound recordings (Mechanical ) To prepare derivative works based upon the work. (Arrangement ) To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To synchronize the work in timed-relation with audio-visual images on film or videotape (Synchronization) Permission is almost always obtained from the copyright owner. Use ASCAP.com and/or BMI.com to determine the copyright owner. Royalty rates are negotiated between the copyright owner and the licensee and are not established by law. Permission is not guaranteed.What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To publicly perform the work (Performance) To synchronize the work in timed-relation with audio-visual images on film or videotape (Synchronization ) To reproduce the work in sound recordings (Mechanical ) To prepare derivative works based upon the work. (Arrangement ) To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To publicly perform the work (Performance) Includes live performances as well as the “performance” of a copyrighted work over the internet via Streaming Video or Streaming Audio. ASCAP, BMI and SESAC are the three Performing Rights Organizations (PRO) in the U.S.What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the recording in timed-relation with audio or audio-visual images (Master Use) To publicly perform the work (Performance ) To synchronize the work in timed-relation with audio-visual images on film or videotape (Synchronization ) To reproduce the work in sound recordings (Mechanical ) To prepare derivative works based upon the work. (Arrangement ) To reproduce the work in copies. (Print)What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission?: What Rights Are Covered by Copyright Protection / Who Do I Ask for Permission? To reproduce the recording in timed-relation with audio or audio-visual images (Master Use) Permission is always granted by the Record Label that owns the rights to the sound recording.Resources: Resources ASCAP ( www.ASCAP.com/ace ) BMI ( repertoire.bmi.com ) Harry Fox Agency ( www.harryfox.com ) U.S. Copyright Office ( http://copyright.gov ) SESAC ( www.sesac.com ) – Repertory Search Public Domain - Pdinfo.com Albums, Songs, Etc. - Allmusic.comWhy is this important?: Why is this important? It’s the Law.Why is this important?: Why is this important? It’s the Law. Failure to comply could cost your program hundreds if not thousands of dollars.Why is this important?: Why is this important? It’s the Law. Failure to comply could cost your program hundreds if not thousands of dollars. Failure to comply could cost you your job.But How Do I Get Permission?: But How Do I Get Permission? Permissions are easy. DIY Do your research- find the copyright owners/publishers/etc. Submit a formal WRITTEN request. Wait and follow upPermissions cont.: Permissions cont. <or> Hire a professional They do the research for you Assist in facilitating your permissions Take care of everythingResources : Resources Entertainment Attorneys Clearance Companies Copycatlicensing.com Clearance.com (Evan Greenspan) TheMusicBridge.com Google “Music Clearance”Questions???: Questions???