Table of Contents

Introduction
Chapter 1: Copyright Basics
  • Introduction
  • The History of Copyright
  • Copyright in the United States
  • The Copyright Act
  • Term of Copyright
  • Termination and Recapturing of Copyright
  • Copyright Infringement
  • Damages for Infringement
  • Exceptions to the Exclusive Rights of Copyright Owners
  • Benefits of Registration
  • Basic Registration Process
Chapter 2: Public Performing Rights Organizations: Inside the PROs—What They Do and How They Do It
  • Copyright Law Basics for Public Performance
  • Historical Perspective
  • How to Join a PRO
  • Case Study #1
  • Registering Songs
  • Monitoring the Uses of Music
  • Case Study #2
  • Case Study #3
  • Blanket vs. Per Program Licenses
  • Source Licensing or Direct Licensing
  • Non-Broadcast Uses
  • Electronic Detection Methods
  • Performing Rights and the Internet
  • Foreign Performance Royalties
Chapter 3: Mechanical Licensing for Audio-Only Product
  • A Brief History of Phonorecords
  • The Compulsory License
  • Negotiated Licenses
  • Case Study #1
  • Digital Phonorecord Delivery (DPDs)
  • The Controlled Composition Clause
  • How HFA Works
  • Other Services and Licenses
  • Controlled Composition Clause
  • The Harry Fox Agency License
  • The Harry Fox Agency
  • Mechanical License (I)
  • Mechanical License (II) Royalties Reduced Due to Controlled Compositions Clause
Chapter 4: Synchronization Licensing for Audio-Visual Productions
  • Case Study #1
  • Copyright Law Basics for Sync Licensing
  • Identifying the Owners
  • Issues with Multiple Publishers
  • Using Most Favored Nations Clauses
  • Key License Terms
  • Additional Information for a Publisher to Consider
  • Case Study #2
  • The Quotation Process
  • Motion Picture Licensing
  • Licensing for Television
  • Licensing Terms for Television Programs
  • Licensing for Home Video
  • Licensing for Commercials
  • Case Study #3
  • Writer Approvals for Commercials
  • Collecting Public Performance Royalties
  • Common Music Licensing Problems
  • Case Study #4
  • Case Study #5
  • Music Cue Sheet
  • Motion Picture Synchronization and Performing Rights License—Producer's Version
  • Motion Picture Synchronization and Performing Rights License—Film Festivals (with Step Deals for Further Rights) Publisher's Version
  • Television Synchronization and Performance License (with Options)
Chapter 5: Print Licensing
  • Sheet Music License (with Folio Rights)
  • Text and Magazine Print License (One-Time Fee)
Chapter 6: Songwriter Agreements
  • Why Would a Songwriter Enter into These Agreements?
  • Assignment of Rights
  • Term of Services
  • Exercising the Options
  • Copyright Ownership
  • Exclusivity of Services
  • Minimum Delivery Commitment
  • Extension of Contract Periods
  • Royalties to the Writer
  • Split Sheets
  • Case Study #1
  • Songwriting and Band Politics
  • Accountings
  • Advances
  • Foreign Sub-Publishing Fees
  • Retention of Rights
  • Reversion of Unexploited Compositions
  • Warranty of Originality
  • Indemnity
  • Approvals Over Exploitation
  • Ownership Splits—New Composition
  • Songwriter’s Contract—Individual Composition
  • Publishing Agreement
  • Assignment of Copyrights
  • Letter of Direction
  • Songwriter/Co-Publishing Agreement
  • Letter of Direction to ASCAP
  • Letter of Direction to BMI
  • Work for Hire Clauses
  • Delivery Commitment/Extension Clause
Chapter 7: Publishing Administration
  • Administration Agreements
  • Foreign Sub-Publishing Agreements
  • How Foreign Royalty Streams Are Paid and Distributed
  • Music Created for Television and Film
  • "Black Box" Income
  • Publishing Administration Agreement
Chapter 8: Composer Agreements
  • Basic Terms
  • Warranties and Indemnification
  • Common Misconceptions in Composer Agreements
  • Short Form Composer Agreement
  • Composer Licensing Agreement
  • Long Form Composer Loanout Agreement
Chapter 9: Pitching and Placement Agreements
  • Introduction
  • What Does a Placement Company Do?
  • The Placement Agreement
  • Benefits to the Artist
  • Potential Pitfalls for the Company
  • Conclusion
  • Exclusive Representation Agreement
Chapter 10: Production Music Libraries
  • Introduction
  • Library Composer Agreements
  • Re-titling Agreements
  • Library Licensing Agreements
  • Non-Exclusive Library Placement Agreement
  • Representation and Administration Agreement
  • Music Library Blanket License Agreement
Chapter 11: Sampling
  • Case Study #1
  • Case Study #2
  • Case Study #3
  • Sampling Co-Administration Agreement
Chapter 12: Digital Media—Part 1
  • Digital Delivery: Streaming and Downloading
  • A Brief History of Digital Delivery
  • The Illegal Downloading of Music
  • Legal Online Music Download Services
  • Conflicts Within the Music Industry
  • Artists vs. Record Companies
  • Record Companies vs. Publishers
  • Copyright Owners vs. Consumers
  • Copyright Owners vs. Digital Services
  • Other Sources of Digital Revenue
  • Ringtones, Mastertones, and Ringbacks
  • Apps
  • Online Video Services
  • Audio Greeting Cards
  • Micro Licensing
  • Digital Rights Agreements
Chapter 13: Digital Media—Part 2
  • Performing Rights License Rates
  • SESAC
  • BMI
  • ASCAP
  • Recent Negotiated Settlements and Digital Rates Under Section 115
  • Calculating Rates under the 2008 Settlement
  • The 2012 Settlement
  • Are You In or Out?
  • The Future of Digital Delivery
  • Storage vs. Access
  • Survival Strategies
  • Royalty Rates for the Use of Musical Works in Services Providing Interactive Streaming and Limited Downloads
  • Summary Sheet of 2012 Section 115 CRB Settlement
  • Electronic Code of Federal Regulations
Appendix A: Excerpts of the Copyright Act of 1976
Appendix B: Internet Copyright and Publishing Resources
Appendix C: List of Foreign Performing and Mechanical Rights Societies
Glossary
Index
About the Author