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

2. 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

3. 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

4. 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

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

6. 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

7. 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

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

9. Copyright forms
Copyright office circular
11/16/2018
Copyrights

10. 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

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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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:
(3 X .0165) = = cents = (.13) = 13¢
11/16/2018
Copyrights

19. 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

20. 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

21. 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:
11/16/2018
Copyrights

22. Amendments
Copyright amendments & history
11/16/2018
Copyrights