Music & Digital Media (Spring 2012) | cbavitz | September 26, 2011

H2O

Music & Digital Media (Spring 2012)

by cbavitz Show/Hide
  1. 1 Show/Hide More INTRODUCTION: Copyright Basics and Incentives for Creation
    Original Creator: cbavitz

    TOPICS
    Overview of expression, nature of creativity and authorship, and rights-ownership.
    What are the goals of our copyright system?
    How do those goals fit in with the interests of:
    – creators?
    – consumers?
    – those who build businesses on distribution of content?
    Basic copyright concepts relevant to musical compositions and sound recordings.
    What works are covered by copyright?
    What rights does the owner of a musical work possess?

    READINGS (BARGFREDE / MAK)
    Ch. 1, History of the Music Industry and Copyright Law, pp. 3 – 15
    Ch. 2, Current Copyright Basics, pp. 17 – 38

    1. 1.3 Show/Hide More 17 USC § 102
      Original Creator: cbavitz
    2. 1.4 Show/Hide More 17 USC § 106
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    3. 1.6 Show/Hide More 17 USC § 107
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    4. 1.7 Show/Hide More ONLINE ONLY
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    5. 1.8 Show/Hide More OPTIONAL
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  2. 2 Show/Hide More CHALLENGES TO THE PARADIGM: Law, Policy, and Business Transformations in the Digital Age
    Original Creator: cbavitz
    TOPICS
    Alternative approaches to artists’ financing / releasing music.
    “Open” licenses (incl. Creative Commons).
    Proposed changes to the legal regime.
    Alternative compensation systems.
    Orphan works.

    1. 2.6 Show/Hide More ONLINE ONLY
      Original Creator: cbavitz
    2. 2.7 Show/Hide More OPTIONAL
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  3. 3 Show/Hide More RIGHTS FRAMEWORK AND SCOPE OF PROTECTION (1 OF 2): Musical Compositions (Originality / Similarity / Infringement / Fair Use)
    Original Creator: cbavitz
    TOPICS
    Overview of originality / protectability / copyrightability:
    - What are the elements of a musical composition?
    - What makes a musical composition protectable under copyright law?
    Infringement of musical compositions — access, substantial similarity, etc.
    Under what circumstances does one infringe another’s rights in a musical composition?
    Role of expert witnesses in infringement cases.
    Sampling of musical compositions.
    Fair use of musical compositions.

    1. 3.17 Show/Hide More ONLINE ONLY
      Original Creator: cbavitz
    2. 3.18 Show/Hide More OPTIONAL
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      Notes:
      Students are not required to read readings designated &#8220;<span class="caps">OPTIONAL</span>.&#8221;
  4. 4 Show/Hide More RIGHTS FRAMEWORK AND SCOPE OF PROTECTION (2 OF 2): Sound Recordings (Originality / Similarity / Infringement / Fair Use)
    Original Creator: cbavitz

    TOPICS
    Scope of federal and state law protections for sound recordings.
    - Federal law protection for recordings first fixed after February 15, 1972.
    - State law protection for pre-72 recordings.
    History and origins of common law rights / preemption by the Copyright Act.
    Infringement and sampling of sound recordings.
    Fair use of sound recordings.

    READINGS (BARGFREDE / MAK)
    Ch. 3, Copyright in Music, pp. 39 – 51

    1. 4.3 Show/Hide More 17 USC § 412
      Original Creator: cbavitz
    2. 4.10 Show/Hide More OPTIONAL
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  5. 5 Show/Hide More INDUSTRY STRUCTURE AND LEGAL / BUSINESS ARRANGEMENTS (1 OF 2): Music Publishers, Publishing Agreements, Licenses, and PROs
    Original Creator: cbavitz

    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
    Ch. 5, Copyright Law and Ever-Changing Distribution Models, pp. 59 – 62

    1. 5.1 [This resource no longer exists on H2O because its owner deleted it.]
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      Original Creator: cbavitz
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  6. 6 Show/Hide More INDUSTRY STRUCTURE AND LEGAL / BUSINESS ARRANGEMENTS (2 OF 2): Record Companies, Record Deals, and Master Use Licenses
    Original Creator: cbavitz
    TOPICS
    Traditional record deals (between artists and record companies).
    Overview of contract terms.
    Consideration of various record contract issues, including:
    - minors and contracts;
    - California’s “Seven-Year Statute”;
    - termination of copyright transfers;
    - controlled composition clauses; and
    - sale vs. license and digital exploitation.
    “360 Deals.”

    1. 6.2 Show/Hide More OPTIONAL
      Original Creator: cbavitz
    2. 6.9 Show/Hide More ONLINE ONLY
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  7. 7 Show/Hide More RIGHTS ENFORCEMENT (1 OF 2): Intermediaries and the DMCA Safe Harbor
    Original Creator: cbavitz

    TOPICS
    The role of intermediaries and secondary liability for infringement.
    The Digital Millennium Copyright Act safe harbor.
    Statutory damages.
    Striking a balance — promoting innovation and protecting creators’ and content owners’ rights.

    READINGS (BARGFREDE / MAK)
    Ch. 9, DMCA / Copyright Law Reform, pp. 95 – 102
    Sample DMCA Takedown Notice, p. 121
    App C, A&M v. Napster, 239 F.3d 1004 (9th Cir. 2001) (Excerpted), pp. 137 – 146
    App D, MGM v. Grokster, 545 U.S. 913 (2005) (Excerpted), pp. 147 – 150

    1. 7.6 Show/Hide More ONLINE ONLY
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    2. 7.7 Show/Hide More OPTIONAL
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  8. 8 Show/Hide More DIGITAL SALES AND DISTRIBUTION (1 OF 2): Streaming Media, Public Performance Rights in Sound Recordings, and Digital Audio Transmissions
    Original Creator: cbavitz
    TOPICS
    Overview of public performance rights in sound recordings and digital audio transmissions.
    Section 114 statutory / compulsory licenses.
    2007 CRB webcaster rates and 2009 CRB webcaster settlement.
    Terrestrial performance rights for recordings.
    The role of SoundExchange in collection and distribution of royalties.

    1. 8.5 Show/Hide More ONLINE ONLY
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    2. 8.6 Show/Hide More OPTIONAL
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  9. 9 Show/Hide More RIGHTS ENFORCEMENT (2 OF 2): Individual Infringers, Other Industries, and New Legislative Efforts
    Original Creator: cbavitz
    TOPICS
    Online anti-piracy and rights enforcement efforts against individual infringers.
    Online rights enforcement in other industries (news media, book publishing).
    Legislative efforts to enhance rights enforcement mechanisms (SOPA, PIPA, etc.).

    1. 9.3 Show/Hide More ONLINE ONLY
      Original Creator: cbavitz
    2. 9.4 Show/Hide More OPTIONAL
      Original Creator: cbavitz
      READINGS (BARGFREDE / MAK)
      Ch. 8, Gaps in Copyright Law, pp. 87 – 94

  10. 10 Show/Hide More DIGITAL SALES AND DISTRIBUTION (2 OF 2): New Services and Emerging Models
    Original Creator: cbavitz

    TOPICS
    Evolving digital business models and distribution channels.
    Subscriptions, sales of digital downloads.
    Music in the “cloud” and “locker” services.
    Revenues and margins in digital distribution.
    The importance of data in the digital distribution world.

    READINGS (BARGFREDE / MAK)
    Ch. 5, Copyright Law and Ever-Changing Distribution Models, 59 – 62
    Ch. 6, Digital Distribution Channels and Mediums, pp. 65 – 70
    Ch. 7, Digital Music Delivery Formats, pp. 71 – 86
    Ch. 12, How to Start an Online Music Service, pp. 115-120

    1. 10.3 Show/Hide More ONLINE ONLY
      Original Creator: cbavitz
    2. 10.4 Show/Hide More OPTIONAL
      Original Creator: cbavitz
      READINGS (BARGFREDE / MAK)
      Ch. 10, Web 2.0: How Virtual Worlds, Social Networking Sites, Advertisers, Bloggers, and Others Fit In, pp. 107 – 110

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