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Music Rights

Minor Music Marketing & Management 2012 -HU
by

Mars Mertens

on 4 September 2013

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Transcript of Music Rights

Music rights Song: SOUND Recording / PhonoGram composer
lyricist
adapter the Performing Artist who records a track
Original Producer = Record label US Copyright Law : 6 Exclusive Rights:
a: Reproduction
b: Preparation of derivative works
c: Distribution
d: Public performance
e: Public performance of a Sound Recording in non Exempt digital formats
f: Public Display USA: Performance Rights Organisation
PRO (ASCAP-BMI-SESAC) Collective Rights Organizations Lineair > Collectively
Interactive > Individual licensing by Record label e.g. On Demand services individual exploitation
Administration
Financing, advances
Synchronisation
A&R, Co-Writes
US: Anglo American countries: Mechanicals Collective Rights Organisations the company that finances and produces the (master)recordings
these rights can be transferred/licensed Some Rights Reserved
Mars Mertens
@MarsM OurMusic.Biz Music Composition
Lyrics
Arrangement/Adaptation COPYRIGHT [Sheet Music] MUSIC PUBLISHER RIGHTSHOLDERS TRACK: Reproduction Rights:
Mechanicals US : Compulsory Mechanical License:
0,091 $- Statutory rate (set by Copyright Royalty Board)
Mechanicals are collected by the Publishers directly or through Harry Fox Agency (HFA) who represents smaller music publishers BIEM: International organisation of Mechanical Copyright organisations like STEMRA.
IFPI: The international organisation of Record Companies
Deal between IFPI&BIEM : rate = 9,009% of PPD
Pay Bi-Annual mechanicals for records actually sold A: B: Copyright doesn't protect ideas/concepts but the expression of ideas/concepts.
So the Copyright in a Music Work originates when an original work is written down/recorded or preserved on another way. Music Work RIGHTSHOLDERS Authors: For all types/forms of copyright Performing Rights Public Performance
- Performed in a Public Place
- Broadcasted through media
- Interactive online services C: Smaller labels or DIY artists can not easily benefit from BIEM arrangement. Have to settle mechanicals with local Mechanical Copyright society:
Tariff based on amount CD's reproduced and Pay beforehand - Live Music: Concerts, Festivals
- Music played in eg Restaurants, Offices, shops etc Organiser/venue has to pay 7% copyright remuneration. Based on the higher of:
a: Ticket Sales or b: The buy out fee for the Artist - Broadcast = Linear programs all media; eg Radio,TV,Internet - Interactive / On Demand services e.g. Spotify, YouTube SENA collects "reasonable" fee for the Public Performance of commercially available recorded music.
This is distributed to the rightsholders:
- 50% to the Original Record Producer (Label)
- 50% to all th performing artists tht were involved in the recording proces of that track International : PPL (UK) GVL (DE), SCPP (F), SIMIM (BE) US situation different then rest of the world:
For terrestrial radio NO remuneration for the Artists and Record Companies.
For Internet/satellite/cable broadcasting a remuneration is collected and distibuted by Soundexchange
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