Benelli Productions: Licensing Terms
Frequent Terms
Adaptation Rights
These rights pertain to the creation of derivative works
from an existing music copyright, but are often tied to
other types of licenses.
ASCAP, BMI and SESAC
are public performance rights organizations who collect
royalties for music uses in broadcasting (i.e. TV and Radio)
and public places (from restaurants and bars to airlines,
even stadiums and universities!), as well as represent the
public interests of composers, lyricists and music
publishers. Collectively, they represent virtually the
entire universe of published songs.
Copyright Law
refers to a body of national and state laws, provisions of
international treaties (such as the Berne Convention and the
Global Agreement on Tarriffs and Trade), as well as
customary business practices surrounding use of intellectual
property.
In the US, music is protected under the Copyright Act of
1976. This law provides protection for songs and other
musical works, as well as sound recordings of those works.
The law grants copyright owners the exclusive right to do
and authorize any of the following:
Reproduce the copyrighted work in copies or phonorecords
(see Recording Rights);
Prepare derivative works based on upon the copyrighted work
(see Adaptation Rights);
Distribute copies or phonorecords of the copyrighted work to
the public by sale or other transfer of ownership, or by
rental, lease or lending (see Reproduction Rights);
In the case of music (as well as other protected
intellectual property), perform the copyrighted work
publicly (see Public Performance Rights);
Song copyrights are held by music publishers, while sound
recordings are controlled by record companies.
Master Rights
The permission needed to use sound recordings in other
media. in films or other visual media. Usually held by a
record company; Master rights are worthless unless you also
have synchronization rights to the underlying song.
Mechanical Rights
The permission to make a audio-only, sound recording of song
or musical work. Mechanical rights applies to audio media
only, and excludes film, TV or multimedia. A Compulsory
Mechanical License allows you to make a sound recording
without having to contact the copyright owner, provided you
do not change the words or fundamental character of the
music, and you pay the statutory mechanical rate. To learn
more about obtaining mechanical licenses, contact xxxx or
xxxx
Music Publisher
is an entity that owns or controls the copyright to a song
or musical work and represents its business interests.
Publishers often represent songwriters and hold exclusive
rights to their works. Finally, many elite songwriters hold
their songs in their own music publishing companies.
Musical Arrangements
simply put, are an original way to play a song or other
musical work. The music publisher almost always owns all the
arrangement of their song. Some common types include
marching band arrangements of current hit songs,
intermediate piano arrangements, or a updated versions of
older songs.
While anyone is free to create a new arrangement of an
existing song, trying to exploit that arrangement without a
license (i.e. on records, sheet music, or as part of a
broadcast or commercial could draw an infringement claim
from the publisher.
Publishers will usually include the right to make
arrangements in a mechanical license or synchronization
license, provided the publisher receives full ownership of
any arrangement created.
Some types of sampling also qualify as arrangements.
Music Clearance for Visual Media
The US copyright act distinguishes between recording music
in audio media (i.e. records, tapes, CDs, etc.) and visual
media (such as motion pictures and video), because of the
potentially powerful effects of pairing music with images.
Consequently, Congress gave copyright owners the absolute
and exclusive authority to permit, set fees for, or prohibit
visual uses of music, because they can and do transform the
meanings of songs.
The type of license required for using music in visual media
is called a synchronization license, because it permits
recording music in "synchronization or timed relation" with
a moving image.
Record Company
refers to a party who owns or controls a sound recording.
This is often a well-known label like Warner Bros. or MCA,
but could really be anyone who holds rights to an important
recording
Recording Artist
is a person or group who performs a song or musical work on
a sound recording. From a copyright standpoint, the artist
does not control the song (see Music Publisher) or the
record (see Record Company), but they still get to be in the
spotlight anyway.
Song
(a/k/a Musical Work, Melody or Lyric: A © copyright, which
applies to musical compositions and/or lyrics. Songs and
musical works are protected separately from the records and
CDs on which we find them (to learn why, see sound
recordings). When written, they are controlled by the
composer and/or lyricist, but song copyrights are usually
transferred to a music publisher once the work is released
on record or otherwise published.
In the US, the words and music of a song are protected an
indivisible whole, unless each was written and registered
for copyright separately prior to creation of the song.
Songwriter,Composer, Lyricist
is a person who composes music or writes song melodies or
lyrics. A songwriter can also be a recording artist, but
that role is completely separate from a copyright
standpoint. Composers and lyricists own their music at the
time of creation, but if their music is well known, chances
are good that their copyright is held by a music publisher.
Sound Recording
(a/k/a record, CD : The (P) in copyright, this is a
performance of a song or musical work on fixed, reproducible
media. Remember, the owner of a sound recording does not
grant any rights to the underlying music – remember, just
because your brother makes a garage tape of "Stairway To
Heaven" does not mean that he gets to represent the songs of
Led Zeppelin.
Record companies usually own sound recordings, and using
requires licensing master rights.
Synchronization Rights
The permission needed to record songs, music or lyrics in
films or other visual media. Under this license you can play
the music yourself (provided you don’t rewrite the words or
"alter the "fundamental character of the music" – see
parody).
NOTE: If you are playing music from a sound recording, you
will probably require Master Rights.
Benelli Productions: Licensing Terms
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