Chapter 1. INTRODUCTION: THE MUSIC BUSINESS -- ITS PAST AND FUTURE
- I. THE WAY WE WERE
- II. HISTORY REPEATS ITSELF
- III. WHAT THE WORLD NEEDS NOW IV. FUTURE OF LICENSING MUSIC ON THE INTERNET
Chapter 2. THE ART OF MUSIC PUBLISHING
- I. HISTORICAL BACKGROUND
- II. MUSIC PUBLISHING TODAY
- III. SOURCES OF MUSIC PUBLISHING INCOME
- IV. DISTRIBUTION OF MUSIC PUBLISHING INCOME
- V. ORGANIZATION OF THE MUSIC PUBLISHER
- VI. HOW TO ESTABLISH A MUSIC PUBLISHING COMPANY
- VII. THE FUTURE OF MUSIC PUBLISHING
Chapter 3. SONGWRITING AGREEMENTS
- I. SELECTING A MUSIC PUBLISHER
- II. NEGOTIATING THE SONGWRITER/ PUBLISHER RELATIONSHIP
- III. NEGOTIATING THE SINGLE SONG MUSIC PUBLISHING AGREEMENT
- IV. NEGOTIATING THE EXCLUSIVE TERM SONGWRITER AGREEMENT
- V. COLLABORATORS
- ;VI. SUMMARY
Chapter 4. CO-PUBLISHING AND ADMINISTRATION
- I. CO-PUBLISHING AGREEMENTS
- II. ADMINISTRATION AGREEMENTS
- III. COLLECTION AGREEMENT
Chapter 5. INTERNATIONAL SUBPUBLISHING
- I. BUSINESS BACKGROUND
- II. SELECTING A SUBPUBLISHER
- III. NEGOTIATING THE SUBPUBLISHING AGREEMENT
- IV. WORKING WITH YOUR SUBPUBLISHER
Chapter 6. THE SPLIT COPYRIGHT SYNDROME
- I. LEGAL BACKGROUND
- II. THE PROBLEM — AN ILLUSTRATIVE EXAMPLE
- III. THE MUSIC CLEARANCE INDUSTRY— A PARTIAL SOLUTION
- IV. TIP ON CLEARING LICENSES FROM MULTIPLE CO-OWNERS
- V. COMMENT ON PRUDENT COPYRIGHT ADMINISTRATION
- VI. CURING THE SPLIT COPYRIGHT SYNDROME
- VII. THE FINAL SOLUTION — COMPULSORY LICENSE?
- VIII. CONCLUSION
Chapter 7. THE LANGUAGE OF MUSIC LICENSING
- I. MUSIC AS PROPERTY
- II. COPYRIGHT
- III. RIGHT VERSUS LICENSE
- IV. OWNERSHIP OF MUSIC
- V. WORKS MADE FOR HIRE
- VI. JOINT OWNERSHIP OF MUSIC
- VII. NON-OWNERSHIP OF MUSIC — THE PUBLIC DOMAIN
- VIII. DERIVING INCOME FROM MUSIC
- IX. TYPES OF LICENSES FOR MUSIC
- X. DIFFERENCES IN THE RIGHTS AND PRIVILEGES OF HOLDERS OF EXCLUSIVE RIGHTS AND NON-EXCLUSIVE LICENSES
- XI. AVOIDING CONFUSION — EXCLUSIVE RIGHT VERSUS NON- EXCLUSIVE LICENSE
- XII. AVOIDING CONFUSION — UNDERSTANDING OWNERSHIP OF THE ‘‘UNDIVIDED’’ COPYRIGHT
- XIII. AVOIDING CONFUSION — SELLING, ASSIGNING, GRANTING, AND LICENSING
- XIV. THE LANGUAGE OF THE ART
Chapter 8. FORMALITIES OF MUSIC LICENSING
- I. FORMALITIES OF ASSIGNMENT
- II. FORMALITIES OF LICENSING
- III. GET IT IN WRITING
- IV. LETTER FORM VERSUS CONTRACT FORM
- V. REFERENCE TO THE PARTIES
- VI. STANDARD TERMS AND CONDITIONS
- VII. FORMS USED IN THIS BOOK
Chapter 9. DURATION OF COPYRIGHT ASSIGNMENTS OF COPYRIGHT, AND LICENSES
- I. INTRODUCTION
- II. DURATION OF COPYRIGHT
- III. RENEWAL OF COPYRIGHT
- IV. DURATION OF ASSIGNMENTS OF COPYRIGHT
- V. DURATION OF AN ASSIGNMENT OF RENEWAL COPYRIGHT
- VI. DURATION OFLICENSES
- VII. AFTER LIFE
Chapter 10. BASIC CONSIDERATIONS IN MUSIC LICENSING
- I. BASIC MUSIC LICENSING FACTORS
- II. COMMON TERMS AND CONDITIONS REGARDING FEES AND PAYMENT
- III. COMMONLY USED BOILERPLATE TERMS AND CONDITIONS
- IV. AFFILIATED COMPANY PROBLEM
- V. GENERAL ADVICE TO MUSIC COPYRIGHT OWNER — ALWAYS ENCOURAGE ACTIVITY IN THE SONG
- VI. GENERAL ADVICE TO PERSONS SEEKING TO CLEAR LICENSES — FULLY DISCLOSE ALL THE USES YOU MIGHT CONCEIVABLY MAKE OF THE MUSIC
Chapter 11. THE ART OF GRANTING AND CLEARING MUSIC
- I. THE ART OF GRANTING LICENSES
- II. THE ART OF CLEARING LICENSES
- III. SUMMARY
Chapter 12. LICENSING MUSIC IN PRINT AND DIGITAL PRINT
- I. HISTORICAL BACKGROUND
- II. TYPES OF PRINTED MUSIC
- III. TYPES OF DIGITAL PRINT IV. PREPARATION AND DISTRIBUTION OF PRINTED MUSIC
- IV. LEGAL BACKGROUND
- IV. CONSIDERATIONS IN GRANTING EXCLUSIVE PRINT RIGHTS
- V. CONSIDERATIONS IN GRANTING PHYSICAL PRINT LICENSES
- VI. CONSIDERATIONS IN GRANTING DIGITAL PRINT LICENSES
- VII. CONSIDERATIONS IN GRANTING RENTAL FEES FOR PERFORMANCE MATERIALS
- VII. CONCLUSION
Chapter 13. LICENSING MUSIC IN SOUND RECORDINGS
- I. HISTORICAL BACKGROUND
- II. LEGAL BACKGROUND
- III. CONSIDERATIONS IN GRANTING AND CLEARING MECHANICAL LICENSES IN THE U.S.
- IV. ANALYSIS OF STANDARD U.S. MECHANICAL LICENSE TERMS
- V. CLEARING THE MECHANICAL LICENSE IN THE U.S.
- VI. MECHANICAL RIGHTS AGENCIES IN THE U.S.
- VII. INTERNATIONAL MECHANICAL RIGHTS ADMINISTRATION
Chapter 14. LICENSING MUSIC IN BACKGROUND MUSIC SERVICES, DIGITAL JUKEBOXES, AND OTHER COMMERCIAL REPRODUCTIONS (ELECTRICAL TRANSCRIPTION LICENSES)
- I. DISTINCTION BETWEEN MECHANICAL LICENSES AND ELECTRICAL TRANSCRIPTION LICENSES
- II. TYPES OF ELECTRICAL TRANSCRIPTIONS
- III. CONSIDERATIONS IN GRANTING AND CLEARING ELECTRICAL TRANSCRIPTION LICENSES
- IV. TYPICAL LICENSE FEES FOR ELECTRICAL TRANSCRIPTION LICENSES
- V. RIGHTS AGENCIES
Chapter 15. LICENSING MUSIC IN AUDIOVISUAL WORKS (SYNCHRONIZATION LICENSES FOR THEATRICAL FILMS, TELEVISION PROGRAMS, MUSIC VIDEOS , ETC.)
- I. HISTORICAL BACKGROUND
- II. CONSIDERATIONS IN GRANTING AND CLEARING SYNCHRONIZATION LICENSES
- III. THEATRICAL MOTION PICTURE TRAILERS
- IV. PROMOTIONAL MUSIC VIDEOS
- V. NON-THEATRICAL BUSINESS VIDEO PROGRAMS
- VI. HOME VIDEO DEVICES
- VII. INTERNET VIDEO STREAMING
- VIII. INTERNET VIDEO DOWNLOADING
- IX. USER GENERATED CONTENT
- X. CLEARING THE SYNCHRONIZATION LICENSE
- XI. TYPICAL FEES FOR THE SYNCHRONIZATION LICENSE
- XII. CONCLUSION
Chapter 16. THE USER-GENERATED CONTENT PHENOMENON
- I. INTRODUCTION
- II. LEGAL BACKGROUND
- III. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR USE OF MUSIC IN USER GENERATED CONTENT—BY YOUTUBE
- IV. SUMMARY OF YOUTUBE LICENSE TERMS
- V. CONCLUSION
Chapter 17. OLD LICENSES, NEW USES
- I. TYPES OF OLD SYNCHRONIZATION LICENSES
- II. DETERMINING THE SCOPE OF AMBIGUOUS LICENSES — A SUGGESTED APPROACHIII. AVOIDING AMBIGUITY
Chapter 18. LICENSING MUSIC IN LIVE AND RECORDED PUBLIC PERFORMANCES
- I. HISTORICAL BACKGROUND
- II. LEGAL BACKGROUND
- III. PERFORMANCE RIGHTS SOCIETIES TODAY
- IV. PERFORMANCE LICENSE GRANTS TO PERFORMANCE RIGHTS SOCIETIES
- V. CONSIDERATIONS IN GRANTING AND CLEARING PERFORMANCE LICENSES
- VI. COLLECTION OF PERFORMANCE ROYALTIES FROM MUSIC USERS
- VII. DISTRIBUTION OF PERFORMANCE ROYALTIES TO PUBLISHER AND WRITER MEMBERS
Chapter 19. THE GRAND RIGHTS CONTROVERSY
- I. OVERVIEW OF THEATRICAL MUSICAL PRODUCTIONS
- II. OVERVIEW OF NON-THEATRICAL PRODUCTIONS
- III. LEGAL BACKGROUND
- IV. DISTINGUISHING BETWEEN DRAMATIC RIGHTS, NONDRAMATIC RIGHTS AND GRAND RIGHTS
- V. GRAND RIGHTS DISTINGUISHED FROM DRAMATIC RIGHTS
- VI. ANALYSIS OF VARIOUS DRAMATIC AND NONDRAMATIC USES OF MUSIC
- VII. RECENT COURT CASES
- VIII. GRAND RIGHT IN A PERSON’S LIFE STORY?
- IX. BROADCAST OF AN ENTIRE ALBUM
- X. THEME PARK RIDES AND ATTRACTIONS XI. DRAMATIC ADAPTATION RIGHTS
- XI. DETERMINING WHO HAS THE RIGHT TO LICENSE THESE USES
- XII. LICENSING CONSIDERATIONS
- XIII. RECOMMENDATIONS AND SUMMARY
Chapter 20. LICENSING MUSIC IN TELEVISION, RADIO, PRINT, AND INTERNET ADVERTISING
- I. INDUSTRY BACKGROUND
- II. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES TO USE MUSIC IN ADVERTISING
- III. PRINT ADVERTISING IV. CONCLUSION
Chapter 21. LICENSES FOR MUSIC BOXES, CONSUMER MUSICAL PRODUCTS AND OTHER MERCHANDISE
- I. BACKGROUND
- II. CONSIDERATIONS IN GRANTING AND CLEARING MUSICAL PRODUCT LICENSES
- III. PRINTING OF MUSIC OR LYRICS
Chapter 22. LICENSING MUSIC IN VIDEOGAMES AND OTHER NEW MEDIA AND MULTIMEDIA DEVICES AND ONLINE VERSIONS
- I. TECHNOLOGICAL DEVELOPMENTS
- II. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR DEVICES CONTAINING MULTIMEDIA PROGRAMS—IN GENERAL
- III. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR USE OF EXISTING MUSIC IN VIDEOGAMES
- IV. CONSIDERATIONS IN ENTERING INTO COMPOSER AGREEMENTS FOR THE USE OF MUSIC IN VIDEOGAMES
- V. ADDITIONAL CONSIDERATIONS IN CLEARING LICENSES FOR MULTIMEDIA AND NEW MEDIA PRODUCTS
Chapter 23. LICENSING OF SOUND RECORDINGS
- I. CREATING SOUND RECORDINGS
- II. FINANCING AND DISTRIBUTING SOUND RECORDINGS
- III. SOURCES OF RECORD COMPANY REVENUES IV. LEGAL BACKGROUND
- V. CONSIDERATIONS IN GRANTING LICENSES FOR THE USE OF SOUND RECORDINGS
- VI. CONCLUSION
Chapter 24. THE DIGITAL SAMPLING CONTROVERSY
- I. TECHNICAL BACKGROUND
- II. RECENT RECORDING PRACTICES
- III. LEGAL BACKGROUND
- IV. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR DIGITAL SAMPLES
- V. CONCLUSION
Chapter 25. THE FAIR USE CONTROVERSY
- I. LEGAL BACKGROUND
- II. FAIR USE IN MUSIC LICENSING
Chapter 26. TYPICAL LICENSE FEES
- I. OVERVIEW
- II. PRINT AND DIGITAL PRINT LICENSE FEES
- III. MECHANICAL LICENSE FEES
- IV. ELECTRICAL TRANSCRIPTION FEES
- V. SYNCHRONIZATION FEES
- VI. COMMERCIAL ADVERTISING LICENSE FEES
- VII. MUSIC BOXES AND COMMERCIAL PRODUCT LICENSE
- VIII. VIDEOGAMES, COMPUTER SOFTWARE, MULTIMEDIA
- IX. NEEDLEDROP OR PRODUCTION MUSIC LIBRARY
- X. LIVING STAGE PERFORMANCE FEES
- XI. THEME PARK LICENSE FEES
- XII. DIGITAL SAMPLING LICENSE FEES
