Thursday, January 30, 2014

Music Posting Law

Music creators own the copyright to their music.


Music creators own the copyright to their music, and have the exclusive right to reproduce, distribute, perform, make derivative works from and display their music. Publishers must get permission from the owner to publish copyrighted music.


Reproduction


A copyright owner has the exclusive right to reproduce or permit reproduction of their music. Reproduction includes recording, photocopy or reuse in another medium. Anyone other than the copyright holder of the music may not record the music, use it as a score in a film, publish it as sheet music or copy it in any way without the copyright holder's permission.


Distribution


A copyright holder has the exclusive right to distribute or permit distribution to the public by selling the copyright, transferring the copyright to a different owner, renting the copyright, leasing or lending it. Music publishers must secure the right to publish the music by purchasing or acquiring the copyright, renting, leasing or lending it.


Performance


A copyright grants the creator of a piece of music the exclusive right to perform or permit performance of that music in public. Performance includes performing or displaying the music in public, or publicly transmitting the music with digital audio technology. For example, publishers must secure permission to play it in nightclubs, on the radio, on television, in amusement parks, supermarkets, elevators, at concerts, on disc jockey or DJ sets and any other place that music is heard publicly.


Derivative Works


Music copyright holders have the exclusive right to create or permit creation of derivative music based on the original music. However, if the music is a recording, then the copyright holder only has the exclusive right to create or permit derivative recordings that specifically rearrange, remix or somehow alter the sequence or quality of the actual fixed original recording. For example, a musician may write parody lyrics for a popular recorded melody that is created by another musician without the melody creator's permission, because the parody lyrics do not specifically rearrange, remix or alter the sequence or quality of the actual fixed original melody. Parody lyrics applied to a melody are a derivative work that is considered original.


Cumpulsory Licenses


Copyright holders are required to issue licenses that allow cable television rebroadcasting, public broadcasting system, jukebox, digital record performance and digital distribution of their music. Cable TV and public broadcasting licenses allow re-transmiting copyrighted music in exchange for payment of set fees. Jukebox licenses allow jukebox owners to play copyrighted music recordings in exchange for payment. Digital performance licenses permit others playing the recorded music on digital radio, and Internet broadcasts or webcasts. Digital distribution licenses permit downloading recorded music from the Internet, telephone lines, satellites and other digital mediums.


Compolsory Mechanical Licenses


A copyright holder is required to grant a mechanical license to anyone that wants to use copyrighted music in a phonorecord only if the music is non-dramatic, previously recorded, publicly distributed and relatively unaltered; and the copyright holder must receive a specific payment that is set by law. A phonorecord is a "material object that embodies fixations of sounds such as cassette tapes, CDs or LPs but not motion picture soundtracks." Dramatic music may apply to operas and musicals, but is subject to legal interpretation. Mechanical licenses allow phonorecord producers to arrange music "to conform to the style or manner of the performance involved," but do not allow producers to change the basic melody or fundamental character of music, such as changing the lyrics or melody.









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