![]() Performance Licenses: The performance of musical works, for example, by playing songs on the radio, on television, on a website, or in stores, restaurants, bars, and nightclubs, is generally permitted under performance licenses issued by the three performing rights organizations (“PROs”): ASCAP (BMI (and SESAC (A new PRO has also recently entered the scene-Global Music Rights (On behalf of affiliated writers and publishers, PROs generally issue blanket performance licenses to music users, and license fees are based on a variety of factors. If an existing sound recording is to be used in the new audiovisual work, a master use license is also required from the record company. And, keep in mind that synch licenses generally only cover the musical work. Synchronization Licenses: This type of license, also known as a “synch” license, authorizes the reproduction of a musical work to be used in connection with visual images, such as a motion picture, television show, or television commercial. There is no statutory compulsory license for the reproduction of sound recordings, so master use license fees can vary widely. For example, one would need a master use license to put together a compilation record of existing recordings, to use a “sample” of an existing recording in a new song, or to use an existing recording in a film. Master Use Licenses: This type of license authorizes the reproduction of a sound recording, which is typically controlled by a record company. The royalty rates are set by the Copyright Royalty Board, which is composed of three full-time judges appointed by the Librarian of Congress.Īs we will discuss in our next post, the recently-enacted Music Modernization Act changes the process for obtaining and administration of the Section 115 compulsory license, particularly for digital music providers such as Spotify, Apple Music, and Tidal. The user must pay a compulsory license royalty.The use cannot involve copying a sound recording (unless separate permission is obtained from the owner of the sound recording) and.The user may make a musical arrangement of the work to the extent necessary to conform it to the style or manner of interpretation of the performance involved, but the user may not change the basic melody or fundamental character of the work.The user’s primary purpose must be to create and distribute “phonorecords” or DPDs to the public for private use (there is no compulsory license to use music with video).The copyright owner must have distributed the musical work to the public (that is, the copyright owner has the right to control the first use of a musical composition).The conditions of the Section 115 license include the following: Such copies may include physical copies, including CDs and records, or copies made in connection with digital transmissions (defined as “digital phonorecord deliveries” or “DPDs”), including digital downloads, limited or “tethered” downloads, interactive streaming, and ringtones. Section 115 Compulsory License: The Section 115 compulsory license is a statutory mechanical license that permits anyone to reproduce and distribute copies of nondramatic musical works, subject to certain conditions. For example, a record company will enter into a mechanical license agreement with a music publisher or other musical work owner to authorize the reproduction and distribution of a recording of the musical work. Mechanical Licenses: This type of license authorizes the audio-only reproduction of a musical work, which is typically controlled by a music publisher. ![]() Note, however, if you re-record a song (instead of using a pre-recorded version), permission generally is only required from the musical work owner (since you are not using someone else’s sound recording).įollowing are descriptions of common music licenses: In general, to use recorded copyrighted music, you will need permission from both the musical work owner (typically a publisher) and the sound recording owner (typically a record company). Like any other property, music copyrights and the individual exclusive rights thereof, can be transferred, sold, licensed, and divided among several owners. In this post, we continue on the topic of copyright law and discuss common music licenses. ![]() In our previous posts in our Music Law 101 series, we have covered the basics of copyright law, including the scope of copyright protection, copyright ownership, the exclusive rights of copyright, the duration of copyright protection, transfers and termination of copyrights, and copyright infringement and fair use.
0 Comments
Leave a Reply. |