Presents

Copyright is a Complex body of law, constantly evolving to keep up with new technologies.

Technology:15-25  yrs. Ago. - advent of Home Video

U.S. Source of Copyright:

1st U.S. Copyright Act was 200+ years ago recognized only writings

In 1909 The Old Act - Congress saved the music industry by including:

  The next update of Copyright Act with MAJOR changes did not go into effect until 1978

In the U.S. copyright extends

Protected works include, to name but a few

Since 1972, sound recordings (but not “sound alike” recordings). (SR)

Overlay that with what rights are protected:

And for literary, musical, dramatic works & motion pictures, and some other works, but not including sound recordings:

The exception of sound recordings from the so-called Performance right, was modified by Congress, again in deference to new technology...

Also be aware of the Sonny Bono Copyright Extension Act of 1998

With all this it is IMPORTANT to remember that there are 2 copyrights in recorded music:

Remember:…For performance rights in music—refer to music publishers performing rights societies, ASCAP or BMI...

…For the “mechanical” copying and distribution rights in music--licensed direct from the publishers or from the National Music Publ. Assoc’n “Harry Fox Agency” and ...

…For the SOUND                     RECORDING (separate Copyright-usually separate owner) go to the Record Companies...

Litigation, ADR and Avoidance

The Secure Digital Music Initiative and undoubtedly many more strategic alliances will start up to handle and deliver entertainment on the World Wide Web, Web TV and other future formats.

SDMI has resolved the immediate issue of whether and how to have secure delivery of digital music.

AOL and Warner,  Go Network
and Disney: A Trend

Licensing...

...and Branding

Thank You.