• Brief History– First musical copyright law 1831– Protected compositions and sheet music– 1972: sound recordings became protected

http://www.rbs2.com/copyrm.pdf

• You CANNOT reproduce the music or lyrics• You CANNOT distribute the music or lyrics

either for free, for no profit, or for profit• You CANNOT perform the music or lyrics in

public• You CANNOT play a recording of the music

or lyrics in public--even if you own the CD• You CANNOT make a derivative work or

arrangement for public use in any form• Rule of Thumb for Public Domain Music

http://www.pdinfo.com/copyrt.php

• Works published in the United States with a copyright date of 1922 or earlier are in the public domain in the United States.

• Copyright protection outside the USA is determined by the laws of the country where you wish to use a work. Copyright protection may be 95 years from publication date, 50 to 70 years after the death of the last surviving author, or other criteria depending on where the work was first published and how the work is to be used.

• Copyright protection does not last forever. That is why copyright is often called a “limited monopoly.”

• When copyrights grow old and die, the works they protect fall into the public domain. Subject to certain exceptions, public domain works may be freely copied or used in the creation of derivative works without permission, or authorization, of the former copyright owners.

• You can buy public domain but you will need a lawyer and it is a lot of paper work, it’s a hard thing to buy!!

• Like MJ buying the Beatles

• Some types of song recycling are-– Sampling– Loops– Spoken word– Recordings– Unconventional sounds

• MC Hammer recorded and reused the melody of Rick James’ “Superfreak” in his hit song “U Can’t Touch This”. James is credited as co-writer for this song

• Vanilla Ice and Queen- Vanilla Ice sampled the bassline of “Under Pressure” in the early 1990’s. He claimed that because he added a single note, it was not copyright infringement and he didn’t have to pay Queen royalties.

• "Sound Recording or Phonorecord, as those terms used in copyright law, are material objects that are used to mechanically play music (ex. player piano roll) or to reproduce a performance of music (ex. records, compact disks, digital data file, or cassette)

• The artist who holds the right of the sound recording has the right to– reproduce the copyrighted recording– Distribution of copies of the recording to the

public by sale, rental, or lease– Preparation of derivative works based on the

copyrighted recording

• Copyright notice on a recording requires three things– Letter P or C inside a circle– Year of publication of the first recording– Copyright owner's name

• Sound Recording Act of 1971• Sound recordings first granted protection in

1972 after this act was passed– was concerned with phonorecord piracy– copyright holders were not granted

performance rights• Digital performance rights in sound

recordings act of 1995– Gave right to perform copyrighted sound

recordings in public by means of digital audio transmissions

• For works in which the author is anonymous or pseudononymous has a duration of 95 years from first publication or 120 years from creation

• For all other works, copyright protection has a duration of 70 years AFTER the last remaining author of the work dies

• The "authors" can includes the named performers and possibly the producer unless the written contract states that it was a "work made for hire" if that is so then the employer is the "author"

• AOL/Time Warner owns rights to the simple song "Happy Birthday" and make a profit of almost $2 million per year, the song will not enter public domain until 2030

• How many of you would ever consider stealing a car?

• A piece of clothing?

• How about a laptop?

• Downloading music off of file sharing websites is STEALING!

• This is better called music piracy, and it is any form of unauthorized duplication and/or distribution of music including downloading, file sharing, and CD-burning.

• Can any of you name some file sharing websites?

• Limewire, Bearshare, and Shareaza

• By committing the infringement of copyright laws, if caught, an offender can be charged with up to 3 years in prison and fines of $250,000!

• Would you like to be charged $250,000 or be sent to prison for 3 years?! Just for downloading harmless music? I don’t think so!

•http://www.webopedia.com/DidYouKnow/Internet/2004/music_downloading.asp

• In 2009 four men connected to The Pirate Bay, one of the largest Bit Torrent file-sharing sites, were convicted by a Swedish court of contributory copyright infringement. Each defendant was sentenced to 1 year in prison and were ordered to pay a joint fine of 30 million Swedish crowns ($3.58 million)  by industry investigators.

• If caught committing this crime, (for ex. by downloading music off of lime wire) the Recording Industry Association of America (RIAA) can charge you up to $150,000 per song illegally downloaded.

• As of March of 2004, almost 4,000 people have been sued by the RIAA for committing music piracy.

• More than 400 of these people have had to pay fines of about $3,000.

• Very harmful impact on the artists who develop these songs.

• A lot of work was put into putting these songs together.

• No money for their great work!

• "A lot more goes into a CD than it may appear. The price of a CD doesn’t just go back to the record company. Everyone who works with me to record and distribute my music makes a living and supports their families from CD sales as well. It’s a big network of people from my co-producer, the engineers, my band all the way to assembly line people who help to manufacture the CDs and the truck drivers who get them to the stores. There are now legitimate websites that provide an alternative to illegal burning. I want to encourage my listeners to use these sites and to buy instead of burning illegally. On behalf of the team who works alongside me, we’d appreciate it."

http://www.webpronews.com/topnews/2009/12/11/lime-wires-plans-for-working-with-the-music-industry

• Artist royalties on iTunes are calculated as follows: $0.99 download single song price to the consumer less $0.34 to Apple left $0.65 x 130%

• Consumers do not have the right to make back ups of the DVD’s they purchase.

• RIAA – Recording Industry Association of America

• “If you make unauthorized copies of copyrighted music recordings, you're stealing. You're breaking the law and you could be held legally liable for thousands of dollars in damages.”

http://money.cnn.com/2004/02/24/commentary/ontechnology/dvd_burning/

• Making a copy of your CD or putting it onto your computer to put on an mp3 player is ok if:– CD is purchased by you – Only for personal use

• It’s illegal to give away a copy or to lend the CD to someone for them to copy

• Compilation CDs

• Photocopy music – stealing from:– composers/arrangers – publishers – music retailers

• Illegal to photocopy music:– To avoid purchase– For a performance– Copy to create compilations

http://mpa.org/copyright_resource_center/copying#not%20do

• Fines ranging from $750 to $30,000• Making any arrangements is also

“duplication”• Need permission to record a piece• “Destroy any unauthorized photocopies

immediately.”• If you have a larger band and can not

photocopy music…– &60 - $150. each extra part – $3

• YOU CAN:– Photocopy music for educational purposes as

long as it’s not performance. BUT no more than 10% of the whole work

– Edit or simplify purchased music as long as it doesn’t change the fundamental idea

– A single recording of performance of students may be made for evaluation or rehearsal purposes