Brian
MCTC Sound Arts
COPYRIGHT CLASS QUESTIONS
What Can Be Copyrighted?
- You come up with a chord progression, write it down, and add a copyright symbol at the bottom. Is this eligible for copyright protection? Why/why not?
What Can Be Copyrighted?
1. You come up with a chord progression, write it down, and add a copyright symbol at the bottom. Is this eligible for copyright protection? Why/why not?
2. I teach this class as a completely verbal presentation. Is this eligible for copyright protection? Why/why not?
What Can Be Copyrighted?
1. You come up with a chord progression, write it down, and add a copyright symbol at the bottom. Is this eligible for copyright protection? Why/why not?
2. I teach this class as a completely verbal presentation. Is this eligible for copyright protection? Why/why not?
3. You play a killer bass trombone solo in your ska band at the Medina Ballroom. The lead sheet for the song calls for the solo, but it is intended to be improvised over the written chord changes and so isn't written note-for-note. The bandleader, who wrote the song, is the singer but this song was an instrumental, so she didn't perform in it. An archival recording was made from the sound board. Who owns the copyright on the bass trombone solo?
Ownership Rights
1. You get the new Fist-a-Cuffs release on pre-sale and it rocks! You make 10 CD copies for your friends coming to a party at your home that night. Is this legal? According to what right(s)?
Ownership Rights
1. You get the new Fist-a-Cuffs release on pre-sale and it rocks! You make 10 CD copies for your friends coming to a party at your home that night. Is this legal? According to what right(s)?
2. You play the new Fist-a-Cuffs release on your stereo for your friends who were invited to the party. Is this legal? According to what right(s)?
Ownership Rights
1. You get the new Fist-a-Cuffs release on pre-sale and it rocks! You make 10 CD copies for your friends coming to a party at your home that night. Is this legal? According to what right(s)?
2. You play the new Fist-a-Cuffs release on your stereo for your friends who were invited to the party. Is this legal? According to what right(s)?
3. You rent a small local theater and a PA system. You post a few flyers around town and on Craig's List inviting people to the theater to hear the new Fist-a-Cuffs release, which you'll be blasting on this killer system. Admission is $5, just to cover part of the rental and sound system expense. Is this legal? According to what right(s)?
Ownership Rights
1. You get the new Fist-a-Cuffs release on pre-sale and it rocks! You make 10 CD copies for your friends coming to a party at your home that night. Is this legal? According to what right(s)?
2. You play the new Fist-a-Cuffs release on your stereo for your friends who were invited to the party. Is this legal? According to what right(s)?
3. You rent a small local theater and a PA system. You post a few flyers around town and on Craig's List inviting people to the theater to hear the new Fist-a-Cuffs release, which you'll be blasting on this killer system. Admission is $5, just to cover part of the rental and sound system expense. Is this legal? According to what right(s)?
4. You remix Fist-a-Cuffs' first album. Can you legally release the remix yourself? According to what right(s)?
Licenses I
A songwriter writes a song. The writer has the traditional 50%/(c) split with their publisher.
The song is then used in a TV commercial for the game. The TV stations are the presenters. The writer and publisher are affiliated with BMI.
The song is recorded for use in a video game. The recording is made especially for the game, and is not released as a phonorecord.
Licenses II
A songwriter writes a song. The writer has the traditional 50%/(c) split with their publisher. The writer records the song (the first use) and it is distributed by a record label.
(Note that the (P)-right is not included in this example)
The song is then covered by another artist on another record label. That cover recording is then used by a software company in a web commercial on YouTube. The publisher and writer are affiliated with ASCAP.
Sampling
The rap group N.W.A. sampled a section from The Winstons track "Amen, Brother" (which contains "The Amen Break") in their new composition "Straight Outta Compton". The publishing for "Amen, Brother" is owned by band leader and writer Richard Lewis Spencer, and the recording is owned by the record label, Metromedia.
Universal Music owns the publishing for "Straight Outta Compton", and the members of N.W.A. are the writers in the joint work. The song was released on Ruthless Records.
Sampling
Saxophonist Kenny G. sampled James Brown's song "Funky Drummer" in his 1992 song "G-Bop". "G-Bop" is published by EMI Blackwood Music, and the recording is owned by Arista Records.
James Brown is the writer of "Funky Drummer", which is owned by Primary Wave Music. The writer and publisher have the tradition copyright + 50/50% split. The album was released on King Records, which owns the recording.
EMPLOYEE VS. IC SCENARIOS
A songwriter, Brian H. (wait, too obvious...let's call him B. Heller), is hired by Dr. Scholls to compose theme music for their shoe foot pads. Although Dr. Scholls has a graphics department, they have no musicians or composers on staff, so they hire B. Heller, who has done similar work in the past. He will compose the music at his home office/studio, and has agreed to provide a finished mix of a 1:00 piece of music by their deadline. He charges $500, his regular rate, paid upon delivery of the mix. He has been given some examples of the kind of music they are looking for, and is told that they like it and to use it as a rough guide for the final product. B. Heller will need also need to attend 3 of the company's regular staff meetings. B. Heller has signed an IC agreement with Dr. Scholls, and he is audited. Is the IRS likely to find that he is, in fact, legally working on a freelance basis?
Dave is a financial analyst for a large NYC bank. He was hired as an IC, signed an IC agreement, and submits invoices to the bank's accounting department to get paid. As such, the bank withholds no taxes, no Social Security, and provides him with none of the employee benefits. Other than that, he works alongside the rest of his department at the bank, with the same duties, and sharing the same hours, supervisor, and performance review system. Because the bank requires him to work at their headquarters, he received an admittance key-card, office equipment, and supplies from the bank. When the bank is audited, is the IRS likely to find that Dave is an IC, as he and the bank claim?
Dr. Stephen Solum does some freelance live concert recording work for schools in the area. He heavily marketed to them several years ago, and he now works regularly for the same schools each year. The schools have no sound engineers with recording experience on staff, but they do have some A/V technicians who know a little bit about sound. The schools also supply, store, and repair all of the equipment for the recordings, but Dr. Solum suggested what they should purchasing. They give him no instructions as to how they want the equipment setup and operated. Dr. Solum does not have an office, phone number, e-mail, or assigned parking space at the schools; but he has a home office which he claims for business use on his taxes. He is paid hourly according to an amount they agreed upon, but does not receive any staff benefits or keys. This was arranged by a verbal agreement (only), and he rarely goes through the trouble of sending invoices. If audited, how strong is his claim that he is actually an IC?
COPYRIGHT CLASS QUESTIONS
By Brian
COPYRIGHT CLASS QUESTIONS
SNDA 2390
- 45
