Why are we here?Because of the potential exposure

to an individual or entity for damages for copyright infringement

Our focus today is on music compositions, music recordings, and use of music in audiovisual

works.

● Synch or synchronization license● Master use license● Performance license● Mechanical license● Import license

Todays Topics:

A license is required when music or videos are used as part of training

seminars, conventions or other commercial or business

presentations

● A license is the grant of the right by a copyright owner to a third person of the right to use the copyrighted material…

● The license should be in writing

What is a license?

What is a copyright?● A form of protection provided by the laws of the U.S. to the authors of

“original works of authorship” including literary, dramatic, musical, artistic works. This includes poetry, novels, movies, songs, computer software and architecture.

● Copyright does not cover facts, only how things are expressed. The key is exclusivity of the author’s rights. The exclusive right to copy or distribute an original work.

You cannot receive copyright protection for an idea.

In your head you can have drafted the best novel ever written.

An idea in your head is not protected by copyright.

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For copyright protection to attach to an original work of authorship, the work must be

“fixed in any tangible medium of expression.”

1. To reproduce the copyrighted work in copies or phono-records

2. To prepare derivative works based upon the copyrighted work

3. To distribute copies or phono-records of the copyrighted work topublic by sale or other transfer of ownership, or by rental, lease, or lending

4. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly

The Owner of a Copyrighted Work has Several Exclusive Rights:

● Literary works● Musical works, including any accompanying words● Dramatic works, including any accompanying music; pantomimes

and choreographic works● Pictorial, graphic, and sculptural works● Motion pictures and other audiovisual works● Sound recordings● Architectural works

Such Works Include:

The Owner of a Copyrighted Work has Several Exclusive Rights (continued):

5. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly

6. In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

There are Two Pieces to Every Recording You Hear or Use:

1. The underlying musical composition.

2. The recording of that composition. If you want to use the hit recording Uptown Funk in a video created for an event, you will need a license for the underlying song, and a separate license for the recording.

● Synch license –from the Publisher for the underlying composition● Master use license – from the owner of the recording itself● Discretionary

To use Uptown Funk in a video you'd need a “synch license.”

Would you also need a “master use” license?What would this cost for your average well

known song?

If you want Stage Right to play CDs during the event, you will need a performance license, which then gives you the right to publicly

perform this music.

Among the Places to Get Licenses for Nondramatic Music are:

The cost of the license is a lot less than the risk of getting caught.

For this event today, each license would have cost about $150.

To have a local music production company rerecord a popular song (for example, to give a CD memento to

each event attendee) you need a “mechanical license” from the Harry Fox Agency.

You pay 9.1 cents per copy of each song less than five minutes in length.

To give away 500 copies of a rerecording of Don’t Stop Believing by Journey at your event, your

mechanical license would cost $45.

Keep in mind, the song would have to be rerecorded – use of the Journey recording would require a master use license and likely would cost

tens of thousands of dollars.

This presentation is for informational purposes only and is not intended to constitute legal advice

and should not be construed as such or acted upon without seeking advice of counsel.

Scenario 1

An event planner is hired to produce a CEO retirement party at a well known hotel. There are 600 invitees. Stage Right, Inc. has been hired by the event planner to provide A/V services for the event. Stage Right, Inc. will play music CDs during breaks, including one brought to the event by

one of the invitees. Stage Right, Inc. has total discretion as to which songs it may play…

Scenario 2

Event planner produces black-tie gala for a major corporation at a convention center with 1500 invitees. Three awards are to be presented

to honorees who have contributed significant efforts on behalf of the charitable foundation. Seven-minute videos have been created for each of the honorees. Two of the videos feature music written and recorded by a

local music production company. The third video uses a famous recording of a recently deceased blues artist.

Scenario 3

Event planner schedules a charity gala at a large hotel on the evening of game seven of the Cubs-White Sox world series. The planner is afraid people won’t show up or will leave early, ruining the live auction. The planner has three giant video screens brought in and has Stage Right,

Inc. stream live video. Since the video screens are in place, after the game ends, the planner wants to show a 3 minute clip from “Rocky” where

Sylvester Stallone is yelling for Adrian…