INDUSTRY STRUCTURE AND LEGAL / BUSINESS ARRANGEMENTS (2 OF 2): Music Publishers, Publishing Agreements, Licenses, and PROs (Spring 2013) | Shailin Thomas | December 04, 2014

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INDUSTRY STRUCTURE AND LEGAL / BUSINESS ARRANGEMENTS (2 OF 2): Music Publishers, Publishing Agreements, Licenses, and PROs (Spring 2013)

Original Creator: cbavitz Current Version: Shailin Thomas Show/Hide

TOPICS
Contractual arrangements between songwriters and publishers.
Licensing of musical compositions by publishers (mechanical and synchronization licenses).
Public performance rights and musical compositions.
Digital / new media issues faced by songwriters and the publishing industry.
The role of the Harry Fox Agency in licensing of musical compositions.

READINGS (BARGFREDE / MAK)
Ch. 4, What is a ‘Copy’ and What is a ‘Performance?,’ pp. 53 – 57

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  1. 1 Al Kohn and Bob Kohn, "Kohn on Music Licensing, 4th Ed." (Aspen Publishers 2010) , read pp. 103-138, 159-175; skim remaining pages (.pdf)
  2. 2 Anita Wadhwani, "Hitched to a Star," The Tennessean (January 2, 2011) (.pdf)
  3. 3 Statement of Rick Carnes, President The Songwriters Guild of America Before the Subcommittee on Courts, the Intern and Intellectual Property of the House Committee on the Judiciary, "The Section 115 Reform Act of 2006" (May 16, 2005) (.pdf)
  4. 4 Show/Hide More Recording Industry Ass'n v. Lib. of Congress, 608 F.3d 861 (D.C. Cir. 2010) (Excerpts)
    Original Creator: cbavitz
  5. 5 United States Copyright Office, "Mechanical License Royalty Rates" (.pdf)
  6. 6 Show/Hide More US v. ASCAP (In re RealNetworks, Inc., Yahoo! Inc.), 627 F.3d 64 (2nd Cir. 2010) (Excerpts)
    Original Creator: cbavitz
  7. 7 Show/Hide More ONLINE ONLY (Spring 2013)
    Original Creator: cbavitz Current Version: cbavitz
    1. 7.1 Jacqui Cheng, "Judge: ringtones aren’t performances, so no royalties," Ars Technica (October 15, 2009)
    2. 7.2 Ed Christman, "Copyright Royalty Board Issues Decision," Billboard.biz (October 2, 2008)
    3. 7.3 Ben Sisario, "Disappointing Songwriters, Supreme Court Rejects Music Appeal," NY Times (October 4, 2011)
    4. 7.4 Ed Christman, "Universal Music Publishing Plots Exit from ASCAP, BMI," Billboard.biz (February 1, 2013)
  8. 8 Show/Hide More OPTIONAL (Spring 2013)
    Original Creator: cbavitz Current Version: cbavitz
    1. 8.1 U.S. Copyright Office, Circular 73, "Compulsory License for Making and Distributing Phonorecords" (.pdf)
    2. 8.2 Harry Fox Agency, "What does HFA do?"
    3. 8.3 In Re: Mechanical and Digital Phonorecord Rate Adjustment Proceeding , Docket No. RF 2006-1, Delivery Rate Adjustment Proceeding, US Copyright Office (October 16, 2006) (.pdf)
    4. 8.4 Show/Hide More Live365, Inc. v. Copyright Royalty Board, 698 F. Supp. 2d 25 (D.D.C. 2010) (Excerpts)
      Original Creator: cbavitz
    5. 8.5 "Music Publishers to Join YouTube Suit," The New York Times (August 7, 2007)
    6. 8.6 ASCAP Writer Application and Membership Agreement (.pdf)
    7. 8.7 ASCAP's Survey and Distribution System: Rules & Policies (.pdf)
    8. 8.8 Evan Brown, "Downloading a song is not a performance under the Copyright Act," Internet Cases (September 29, 2010)
    9. 8.9 Show/Hide More US v. ASCAP (In re Cellco Partnership), 663 F.Supp.2d 363 (SDNY 2009) (Excerpts)
      Original Creator: cbavitz
    10. 8.10 Show/Hide More US v. ASCAP (In Re AT&T Wireless f/k/a Cingular Wireless), 599 F.Supp.2d 415 (SDNY 2009) (Excerpts)
      Original Creator: cbavitz
    11. 8.11 Whitney Broussard, "The Promise and Peril of Collective Licensing," 17 Journal of Intellectual Property Law 1 (2009) (.pdf)
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December 04, 2014

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