Music Industry and Law

Copyright lies at the very heart of the music business. Copyright law determines the social framework in which music is marketed, artists are rewarded, and all the uses to which their work is put are licensed. And copyright claims and counter-claims are the source of recurring conflict. Whowrote what and when? Who owns these sounds? What are you allowed to do with them? Disputes about copying and theft are becoming ever noisier with digital technology and the new possibilities of sampling, downloading and large-scale piracy.This book has been written to explain the copyright system to non-legal specialists and to show why copyright issues are so fascinating and so important. Copyright is analysed as a social, economic and legal phenomenon. It is approached from the contrasting perspectives of composers, performers,producers and infringers. Copyright law is seen to be central to the relationship between the global entertainment industry and local musical practices. The questions raised here are not just about music. They concern the very meaning of intellectual property rights in the context of rapid globaland technological change. And they are not just about big business.They impinge on all our lives.

Whether you are a music publisher or songwriter looking to maximize the value of your music catalog, or a producer, ad agency, or internet music service seeking to clear music rights for products, performances, and other uses, the new Fourth Edition of Kohn On Music Licensing offers you comprehensive and authoritative guidance. Written by experts with over 70 years of combined hands-on experience, this one-of-a-kind resource takes you through the various music licensing processes, type-by-type and step-by-step. In clear, coherent language, they provide detailed explanations of the many kinds of music licenses, identify the critical issues addressed in each, and offer valuable strategy and guidance to both rights owners and prospective licensees. Kohn on Music Licensing, Fourth Edition: Walks the reader through the history of the music publishing business, from Tin Pan Alley to the user-generated content phenomena of the present. Dissects the songwriter agreement, providing the reader with a clause-by-clause analysis and offering the best negotiating strategies to achieve the best possible outcome for their clients. Guides the reader through the complexities of co-publishing agreements, administration agreements, and international subpublishing agreements, with a report on the rapidly changing music licensing landscape in Europe. Takes on the intricacies of licensing music in sound recordings, from the traditional CD format to the newer delivery methods, including downloads, streams, ringtones and ringbacksand—including the rates and terms used in the U.S., Canada and the United Kingdom. Confronts the pitfalls of licensing music for audiovisual works (synchronization licenses) using history as a guide, from the early talkies through streaming internet content. Explores new media and its impact on the licensing process. Technological developments have forced the industry to rethink licenses when dealing with videogames, computer software, karaoke, and digital print (including downloadable sheet music, lyric database websites, and digital guitar tabs.. Sizes up the digital sampling controversy and offers up suggestions for negotiating licenses for digital samples. Explores the ever-evolving concept of Fair Use and its application to the music industry. Provides the reader with a look at the landscape of licensing fees, including and“going ratesand” for synch, print, radio and& TV advertising, new media, and other licenses, to assist in negotiating the best rates for their clients. Proven tips and suggestions, along with the most up-to-date analysis, are given for the technical aspects of music licensing, from the perspective of both the rights owners and prospective licensees, including How to and"clearand" a license Advice on maximizing the value of your music copyrights Formalities of licensing Duration of copyright, renewal and termination of grants Typical fees And much more Every chapter of Kohn on Music Licensing has been completely updated in this expanded Fourth Edition. New topics include: New mechanical license fee regimes, including rates for ringtones and on-demand streaming for U.S., Canada, and U.K. New webcasting rates in the U.S., Canada, and U.K. All new chapter on User Generated Content and the new YouTube agreements. Print License chapter now discusses terms for digital print, digital guitar tabs, etc. Synch License chapter now covers terms for downloading and streaming of video International sub-publishing chapter now explains the rec