Copyright Notes MUM 2700 Professor Calle 11/16/2018 Copyrights

Copyright basics A copyright is defined as: a limited duration monopoly. A copyright protects “original works of authorship” that are fixed in a tangible form of expression. 11/16/2018 Copyrights

Length of a copyright You own a copyright for life plus 70 years. Increased from life plus 50 years thanks to the Sony Bono Copyright Extension Act of 1998. 11/16/2018 Copyrights

Copyrightable works Literary works. Musical works, including any accompanying words Dramatic works, including any accompanying music Pantomimes and choreographic works Pictorial, graphic, and sculptural works. 11/16/2018 Copyrights

Copyrightable works - continued Motion pictures and other audiovisual works. Sound recordings. Architectural works. 11/16/2018 Copyrights

Copyrightable works - continued Computer programs can be registered as literary works. Maps and architectural plans may be registered as “pictorial, graphic, and sculptural works. 11/16/2018 Copyrights

Form of Notice For literary works: The symbol: © The year of first publication The name of copyright owner Ex: © 2005 Ed Street 11/16/2018 Copyrights

Form of Notice - continued For Phonorecords of sound recordings: The symbol:  The year of first publication The name of copyright owner Ex: 2005 MDC Records 11/16/2018 Copyrights

Copyright forms Copyright office circular 11/16/2018 Copyrights

Poor-man’s copyright You may send a tangible copy of your work to yourself via certified mail. You may have your work notarized, sealed and kept in a safe place. You may publish your work. 11/16/2018 Copyrights

Advantages of filing with Copyright Office Power of the constitution. Verifiable, undeniable proof of registration of ownership. Easily accessible records via www.copyright.gov search engine. 11/16/2018 Copyrights

Copyright Filing Requirements Correctly completed forms A tangible copy of your work: Lead sheet, CD, tape, DVD, etc. A check for $30 payable to: The Register of Copyrights 11/16/2018 Copyrights

Music Forms PA short - Single author. PA - performing arts: One or more authors. SR - Sound Recordings These are typically filed and owned by record companies. 11/16/2018 Copyrights

Rights A copyright grants you the exclusive right to: Reproduce the work. Distribute copies of the work. Perform the work publicly. Make a derivative work. Display the work publicly. 11/16/2018 Copyrights

Compulsory Licenses Compulsory means you must issue these licenses to someone who wants to use your work whether you like it or not. Cable television rebroadcasts. PBS Jukeboxes 11/16/2018 Copyrights

Compulsory Licenses - continued Digital performance records – digital radio and webcasts. Digital distribution of records – Internet, phone and satellite downloads. Phonorecords of non-dramatic musical compositions. 11/16/2018 Copyrights

Mechanicals Section 115 of the Copyright Act provides that you must issue a compulsory license to anyone else who wants to record it on a phonograph record if it has already been recorded and: The song is a non-dramatic work. The recording has been distributed publicly in phonorecords. The new recording will be in phonorecords only. 11/16/2018 Copyrights

Mechanical Rates The standard maximum rate you must be paid for the use of your song is 8.5 cents for 5 minutes or less and 1.65 cents for every additional minute or fraction of minute. Example: a song lasting 7:02 will receive: .085 + (3 X .0165) = .085 + .0495= 0.1345 cents = (.13) = 13¢ 11/16/2018 Copyrights

Regaining a copyright Regardless of anything in your songwriter agreement with the publisher, a work not made for hire that was assigned by you on or after January 1, 1978 can be reclaimed by you (or your copyright-entitled heirs) 35 years after the work is published or 40 years after the assignment, whichever is earlier. 11/16/2018 Copyrights

Public Domain A work becomes “public domain” after your copyright expires. That means anyone can perform or record it without paying a fee. 11/16/2018 Copyrights

1787 U.S. Constitution According to Article I, Section 8, Clause 8 of the U.S. Constitution, "the Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Courtesy of: http://arl.cni.org/info/frn/copy/timeline.html 11/16/2018 Copyrights

Amendments Copyright amendments & history 11/16/2018 Copyrights