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Music

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on 11 November 2013

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Transcript of Music

Intellectual Property Regimes
in Musical CDs

COPYRIGHT
Type of Work: Sound Recording
Registration Number: SR0000674877
Registration Date: 07 January 2011
Application Title: WAKE UP! / by John Legend & The Roots (88697-37082-2)
Title: WAKE UP! / by John Legend & The Roots (88697-37082-2)
Description: Compact Disc (CD)
Copyright Claimant(s)
Getting Out Our Dreams
Sony Music Entertainment
Date of Creation: 2010
Date of Publication: 21 September 2010
Nation of First Publication: United States
Authorship on Application
Getting Out Our Dreams, employer for hire; Domicile: United States. Authorship: sound recording.
Sony Music Entertainment, employer for hire; Domicile: United States. Authorship: sound recording, photographic matter, cover artwork
Names
Getting Out Our Dreams
Sony Music Entertainment
TRADEMARK
MISC.
CURRENT LITIGATION
JOHN LEGEND & THE ROOTS
" WAKE UP! "
droit d'auteur
(French copyright law)
Article L112-1
"The provisions of this Code shall protect the rights of authors in all works of the mind, regardless the type, form of expression, merit or purpose"

Article L112-2
Events considered as intellectual works within the meaning of this code:....musical compositions with or without words.
PATENTS
CD Packaging
PATENTS
CD (SEE JOHN LEGEND)
CURRENT LITIGATION
NONE IN THE US
HERITAGE BLUES ORCHESTRA
"and still I rise"
France
Domestic:
Code de la propriété intellectuelle
(Code of Intellectual Property)
http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006069414

Applicable (C) Laws
International:
Berne Convention
COPYRIGHT HOLDER
Raisin Music (Larry Skoller)
Current Litigation
None in the United States
COPYRIGHT SCHEME
Sony Music Entertainment is an American music corporation owned and operated by Sony Corporation of America, the United States subsidiary of Japan's Sony Corporation. 1978-present, SME owns 1,977 (C) entries.
GOOD Music is an American record label, located in New York City, New York and founded by hip hop recording artist and record producer Kanye West in 2004. GOOD Music's parent company is The Island Def Jam Music Group. Island Def Jam (worldwide) and Virgin EMI Records are GOOD Music's distributors.
ACOUSTO-MAGNETIC TAG
CDDA
(Compact Disc Digital Audio)
PATENT
(1) ACOUSTO-MAGNETIC TAG
(2) CD CASE
(3) CD
1965
1974 - 1978
1980
COMPACT DISK
Inventor: James Russell
James Russel was granted a total of 22 patents for various elements of his compact disk system, coming in several varieties: CD_ROM, CD_R, and CD_RW. However, the CD did not become popular until 1980.
DIGITAL AUDIO OPTICAL DISC PROTOTYPES
In 1974, an Philips Technology Corporation (Eindhoven Netherlands) initiative was taken to develop an optical audio disc with a diameter of 20 cm (because an error-correcting code could be added), with a sound quality superior to that of the large and fragile vinyl record. In 1977 Philips established a laboratory to create a small optical digital audio disc and a small player. They chose the term "compact disc" in line with another Philips product, the compact cassette.

During this time, Sony first publicly demonstrated an optical digital audio disc in September 1976. In September 1978, the company demonstrated an optical digital audio disc with a 150 minute playing time, 44,056 Hz sampling rate, 16-bit linear resolution, and cross-interleaved error correction code—specifications similar to those later settled upon for the standard Compact Disc format in 1980. Technical details of Sony's digital audio disc were presented during the 62nd AES Convention, held on March 13–16, 1979, in Brussels. Just before that, on March 8, 1979 Philips publicly demonstrated a prototype of an optical digital audio disc at a press conference called "Philips Introduce Compact Disc" in Eindhoven, Netherlands.
COLLABORATION & STANDARDIZATION
Later in 1979, Sony and Philips set up a joint task force of engineers to design a new digital audio disc. Led by Kees Schouhamer Immink and Toshitada Doi, the research pushed forward laser and optical disc technology that began independently by the two companies. After a year of experimentation and discussion, the task force produced the Red Book CD-DA standard. First published in 1980, the standard was formally adopted by the International Electrotechnical Commission (IEC) as an international standard in 1987, with various amendments becoming part of the standard in 1996.
APPLICABLE LAWS
Copyright
COPYRIGHT
(C) African Time Music
(P) South Africa
APPLICABLE LAWS
Trademark
PART III
REGISTRABLE TRADE MARKS

9. Registrable trade marks.

(1) In order to be registrable, a trade mark shall be capable of
distinguishing the goods or services of a person in respect of which it
is registered or proposed to be registered from the goods or services
of another person either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in
relation to use within those limitations.

(2) A mark shall be considered to be capable of distinguishing within the
meaning of subsection (1) if, at the date of application for registration,
it is inherently capable of so distinguishing or it is capable of
distinguishing by reason of prior use thereof.

TRADEMARKS
PATENT
(1) CD JEWEL CASE
(2) CD-DA
(SEE JOHN LEGEND)
HERBIE TSOAELI
"african time"
International:
Berne Convention
Domestic:
http://www.cipc.co.za/Copyright.aspx
The Copyright Act protects certain classes or categories of works. The following works are eligible for copyright in South Africa (in the Republic).
Literary works e.g. books and written composition novels.
Musical works e.g. songs.
Artistic works e.g. paintings and drawings.
Cinematograph films e.g. programme-carrying signal that has been transmitted by satellite.
Sound recordings.
Broadcasts e.g. broadcasting of films or music.
Programme-carrying signals e.g. signals embodying a programme.
Published editions e.g. first print by whatever process.
Computer programs.
For a work to be eligible for copyright protection, it must be original and be reduced to material form.
Works eligible for copyright protection
COPYRIGHT
17 U.S.C.A. §§101-810, 1101
TRADEMARK
15 U.S.C. §1127 (§45)
Type of Mark (TM)

Trademark: Any word, name, symbol or device, or any combination thereof, used or intended to be used by a person to identify and distinguish his goods from those manufactured or sold by others and to indicate the source of those goods.

Service Mark: Any word, name, symbol or device or any combination thereof, used or intended to be used by a person to identify and distinguish his services from the services of others, to indicate the source of the services (i.e., banking activities).

Collective Mark: Any trademark or service mark used or intended to be used by the members of an association, cooperative, or other collective group to identify and distinguish their goods or services. For example, the FTD mark is used by member florists of the Florists' Transworld Delivery Association.

Collective Membership Mark: A mark adopted or intended to be adopted for the purpose of indicating membership in an organized group. For example, the letters AAA inside an oval indicates membership with the American Automobile Association.

Certification Mark: A mark which is used or intended to be used to certify that goods or services of others meet certain standards established by the owner. The most common types of certification marks are those which: (1) originate from a specific geographic region, such as Roquefort cheese; (2) meet standards in relation to the quality, materials, or mode of manufacture, such as Underwriters Laboratory approval; or (3) were performed by an individual who has met certain standards or belongs to a certain organization or union, such as a union label in clothing
PATENT
35 U.S.C.A. §§ 1-376
SCHEME OF
IP PROTECTIONS

(1) COPYRIGHT
(2) TRADEMARK
(3) PATENT
APPLICABLE LAW
Livre VII : Marques de fabrique, de commerce ou de service et autres signes distinctifs
(Book VII: Trademarks, trade or service and other distinctive signs)
TRADEMARK
Domestic:
Code de la propriété intellectuelle
(Code of Intellectual Property)
http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006069414
Article L712-1
Ownership of the mark shall be acquired by registration. The mark may be acquired condominium.

The registration is effective from the date of filing of the application for a period of ten years, renewable indefinitely
Article L711-1
The trademark, trade or service mark is a sign capable of graphic representation used to distinguish the goods or services of one person or entity.

May include up such a sign:

a) The names in all forms such as words, word combinations, surnames and geographical names, pseudonyms, letters, numerals, abbreviations;

b) audible signs such as sounds, musical phrases;

c) figurative signs such as, labels, seals, selvedges, reliefs, holograms, logos, computer images, forms, including those of the product or its packaging or those that identify a service arrangements, combinations or shades of colors.
Musicians
Davis Barnett – viola
Owen Biddle – bass, group member
Michelle Bishop – violin
Black Thought – vocals, group member
Randy Bowland – guitar
Jeff Bradshaw – trombone
Matt Cappy – trumpet, flugelhorn
Common – vocals
Natalie Curtis – vocals (bckgr)
Captain Kirk Douglas – electric guitar, guitar, group member
Chris Farr – flute, saxophone
Timiney Figueroa – vocals (bckgr)
Melanie Fiona – vocals
Ruth Frazier – viola
Larry Gold – string arrangements, string conductor
Lacey Jones – vocals (bckgr)
Olga Konopelsky – violin
Emma Kummrow – violin
John Legend – piano, vocals, vocals (bckgr), producer, liner notes
Jennie Lorenzo – cello
Charles Parker – violin
Denise Powell – vocals (bckgr)
James Poyser – organ, synthesizer, piano, keyboards, xylophone, producer, group member
Lenesha Randolph – vocals (bckgr)
Ashley Simpson – vocals (bckgr)
Linwood Smith Jr. – vocals (bckgr)
Tamika Smith – vocals (bckgr)
C.L. Smooth – vocals, lyricist
Igor Szweck – violin
Gregory Teperman – violin
Ahmir "?uestlove" Thompson – drums, percussion, producer, group member
Matia Washington – vocals (bckgr)
Jessyca Wilson – vocals, vocals (bckgr)
Malik Yusef – lyricist
Production
Damien Alexander – A&R
Nick Banns – engineer, assistant engineer, vocal recording
Dave Bett – art direction, design
Dustin Capulong – assistant engineer
Jimmy Douglass – mixing
Bojan Dugic – engineer
Chris Feldmann – art direction, design
Michelle Holme – art direction, design
Michael Ilbert – vocal recording
Ryan Kelly – assistant engineer
Dave Kutch – mastering
Derik Lee – assistant engineer
Meaghan Lyons – A&R
Steve Mandel – engineer
Anthony Mandler – photography
Darren Moore – mixing assistant
Joe Peluso – vocal recording
Jon Smeltz – engineer
Chris Soper – engineer, vocal recording
Maki Suzuki – mixing assistant
Salamishah Tillet – liner notes
Alex Venguer – engineer, vocal recording
Ghian Wright – engineer
TRADE MARKS ACT
NO. 194 OF 1993

[ASSENTED TO 22 DECEMBER, 1993]
[DATE OF COMMENCEMENT:1 MAY, 1995]
(Afrikaans text signed by President)
as the State amended by
Intellectual Property Laws Amendment Act, No. 38 of 1997

ACT
To provide for the registration of trade marks, certification trade marks and collective
trade marks; and to provide for incidental matters.

§ 102 [Subject Matter of Copyright: In General]
(a) Copyright protection subsists...in original works of authorship fixed in any tangible medium of expression...Works of authorship include the following categories:

(1) literary work;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other autiovisual works;
(7) sound recordings; and
(8) architectural work


"Lanham Act"
TRADEMARK ACT OF 1946
15 U.S.C.A. 1051-1129
15 U.S.C. §1127 (§45)
[Definitions]
The term "trademark" includes any word, name, symbol, or device, or any combination thereof--
(1) used by a person, or
(2) which a person has a bona fide intention to use in commerce and identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.

15 U.S.C. §1052 (§2)
[Requirements for Federal (TM) Registration]

(1) Use in interstate commerce
(2) Mark = Distinctive; and
(3) Mark ≠ barred from registration under §1052

35 U.S.C.A. §101 [Inventions Patentable]
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

PATENT COOPERATION TREATY (PCT)
http://www.wipo.int/export/sites/www/pct/en/texts/pdf/pct.pdf
A. A polycarbonate disc layer has the data encoded by using bumps.
B. A shiny layer reflects the laser.
C. A layer of lacquer protects the shiny layer.
D. Artwork is screen printed on the top of the disc.
E. A laser beam reads the CD and is reflected back to a sensor, which converts it into electronic data
NOTHING FOUND
CD CASE
"Jewel Case"
BERNE CONVENTION
&
CONCLUSION
(1) Copyright Sound Recordings
- Ensure that everyone assigns respective ownerships to you
- Ensure = employer for hire
(2) License the use of the CD-DA
(3) License the use of likely patented CD packaging
Full transcript