Copyright and Publishing

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Notes

COPYRIGHT MATERIALS (course materials context) needs to be formatted..

To use copyright materials in your classroom you must obtain permission from the holder of the copyright - or - qualify under "Fair Use" provisions.

What is copyright? Copyright gives the owner exclusive authority to: - reproduce the work in copies - adapt the work - distribute the work to the public - perform or display the work publicly - authorize others to do any of the above

What is covered? Original works that are fixed in a tangible form of expression, including: Literary works; Musical works, including accompanying songs; Dramatic works, include accompanying music; Pantomimes and choreographic works; Pictorial, graphic, and sculptural works; Motion pictures and other audiovisual works; Sound recordings; Architectural works; Computer software.

How is a copyright obtained? Protection exists immediately, from the moment

  the work is created in a fixed form. You do not 
  need to publish, register, or perform any other 
  action in the Copyright Office.

How long are copyrights valid? Created on or after January 1, 1978

 - Author’s life plus 50 years
 - Works for hire, anonymous and pseudonymous:

95 years from publication date or, 120 years from

   creation date, whichever is shorter

Created before January 1, 1978 - not published or

   registered: Author’s life plus 60 years or 95/120 
          year term; published or registered: 95 years.

What can I copy? Works for specific use with permission from the holder of the copyright. Works that have entered public domain (never copyrighted, expired copyright) US Government Publications Single copies for teachers Copyrighted materials that fall under the

     guidelines of Fair Use

How do I obtain permission to copy? If you wish to obtain permission yourself: Contact the copyright holder directly. (Note: This may not be the author.) Contact: www.copyright.com or Contact: www.literarymarketplace.com Contact: Ulrich’s International Periodicals www.ulrichsweb.com -or- Collect all copyright materials with complete materials with complete bibliographic information into a Course Reader and submit it to any copy center** that specializes in obtaining duplication permission from the copyright holder.

Fair Use Guidelines

Under certain conditions, copies may be made under the Fair Use provisions of copyright law without obtaining permission.

What is Fair Use? Copying of works not considered an infringement of copyright protection. Limited reproduction for purposes of criticism, reporting, teaching, scholarship research

Fair Use Restrictions Character of use: nonprofit, educational Nature of work: factual Portion of the work to be used: small Effect use would have on the market if use was widespread. Is the item out of print

or would copying compete with sales?

Multiple copies can be made for one event, with one copy per pupil, for one course if:

Copying meets the test of brevity, spontaneity, cumulative effect Each copy includes notice of copyright including Author’s name, Title, Date, Source

Brevity Condition: Complete poem if less than 250 words and fits on 2 pages. Excerpt from a long poem, not to exceed 250 words. Complete article, story or essay fewer than 2500 words. Excerpt from a larger work not to exceed 10% of the whole or 1000 words, whichever is less. One chart, graph, diagram, cartoon or picture per book or per issue of a periodical.

Spontaneity Condition:

The copying is at the instance and inspiration

   of the individual teacher.

The decision to use the work does not allow

   time to request permission .

Cumulative Effect Condition:

The material copied is for only one course. Only 1 short poem, article, story or essay or 2

   excerpts from the same author, or 3 from the
   same collective work or periodical.

Up to 9 instances of multiple copying for one

   course during one class term.

Prohibitions

Copying cannot be used to create, replace or

   substitute for anthologies, compilations or 
    collective works.

Cannot copy “consumable” works such as

   workbooks, exercises, standardized tests, test
   booklets, answer sheets, etc.

Cannot substitute for the purchase of books,

   reprints or periodicals.

Cannot be directed by a higher authority. Teacher cannot repeat use from term to term. Cannot be charged beyond the cost of

   photocopying.

Penalties for Copyright Infringement

Civil and criminal penalties apply. Up to $100,000 per work infringed or actual damages & attorneys fees. Anyone who violates the law may be sued, including

    the institution and instructor

More Notes

Notes from a great book by Michael Aczon

3 kinds of property: Real property Personal property And intellectual property

Intellectual property: Inventions Trade secrets > non-disclosure agreements Unique skills > non-competition agreements

the big 2 ip's : Trademark and copyright Trademarks = goods Service marks = services Trademark makes unique identity. Trademark registration obtained from the > US patent and Trademark Office - "intent to use status". Www.uspto.gov

Copyright law Protection compositions, recordings,artwork,lyrics, computer programs. SR or sound recording copyrights make up record biz PA or performing arts copyrights make up the music publishing biz. Copyright ownership is established as soon as the expression of an idea is fixed in a tangible medium. Creation of work not to be confused with registration of the work witht the register of copyrights at the library of congress. Registering work provides added benefits like damage or attorney fees in the event of copyright infringement. Once a master recording is created a number of rights are attached to it. Copyright holder has exclusive right to make copies, perform, display, change, publish and perform via digital transmission and phonerecordings. Ability to make and sell recordings, collecting money from radio or public preformance and to use work in tv or movies are all established by copyright

Songwriter-publisher agreement. The big two: SR and PA affect the musician

Music copyrights generate cash in 5 ways : Mechanical income Performance income Synchronization income Print income New technology income

Mechanical : Historically easiest to identify Owners of copyright (CR) issue licenses (mechanical licenses) to manufacturers of media products. That require a mechanical device to play the songs. Can negotiate fees, but typically based on units sold. 9 cents per song per unit sold for songs put on media that require a mechanical device to play back.

Performance income: Grand performance rights >negotiated directly between user and music publisher. Fee would include points such as ammount of music being used how long show run, etc.

Small performance rights paid outin USA by performance rights organization ASCAP, BMI, or SESAC. Sonwriters and music publishers grant the PRO the right to represent their interests in the administration and collection of smallperformance rights royalties. PRO negotiates "blanket licenses" to end users (radio staios for intance) for the right to use all of the music represented by the PRO.

Synchronization Sync fees associated with tv, film, video.

Print : Sheet music

New technology: Mp3s etc.

Royalties and advances Artist royalty is the royalty paid to the recording artist solely for providing her services as a recording artist. Not to b confused with mechanical royalties. Artist royalties are for the recording artist services. Mechanicals are for writing services.

Artist royalties can be adjusted based on wholsale unit price or retail. Between 8 and 20 percent for retail rate and 16 - 40 wholesale. Retial 15$ cd vs 7.50 wholsale or distributer price. Recoupable costs come out of artist royalties. Travel expenses, studio time , engineer fees, etc. Outside producers often get 3%.

Peraonal managers get 10-20% of earnings. A commision. Manager usually paid from gross, but it could be based on a net basis. For instance artist could subtract touring and recording expenses from gross. Some managers want to be paid forever on projects they have helped w/, a certain song, etc. Other agreements kill the commision once the management relationship is terminated. There is also a sunst clause to a contract that one can write in.. Provides a dimenishing commision after the contract term ends.