How to be - Part 2

2015© by Adam Baruch1

Intellectual Property 1

• What is it?Intellectual Property (IP) is a legal term that describes a creation of a

human mind, such as music (composition), invention, design, written

word, etc.

• Is it protected?Yes, IP is protected by intellectual Property Rights (IPR), such as

copyrights, patents, trademarks, etc., as defined by the law. Those

grant the IP owner exclusive rights. Music is protected by copyright.

• Who owns IP?The creator of any IP is its owner under the law.

• Are the IPR universal?No, they are not, as the law differs from country to country.



• Is copyright limited in time?Yes, according to the copyright laws and depending on the

jurisdiction (place where these laws apply) copyright expires in time.

In most countries the default length is the life of the IP owner plus 50

or 70 years. In case of a recording the length is 50 years since the

date it was first released.

• What are the exclusive rights of copyright?to produce copies or reproductions of the work and to sell those

copies (including, typically, electronic copies)

to import or export the work

to create derivative works (works that adapt the original work)

to perform or display the work publicly

to sell or cede these rights to others

to transmit or display by radio or video



• What is copyright transfer?A copyright holder might transfer the copyright to another party, in

part or in full, in exchange for royalties or other benefits, usually by

signing an appropriate contract with such party. Music copyrights are

usually transferred by the composers to a publishing company,

which than, in exchange for a percentage of the income generated

by the copyright, makes an effort to market the music.

• What is a copyright license?Copyright may be licensed to another party in exchange for a

royalty. Some licensing might by compulsory (by law), for example

license to broadcast by radio or TV and other uses.

• What can be copyright?Music (composition), text (lyrics), recording (master), film (video), etc



• What is public domain?Any copyright that expires according to the copyright terms

applicable becomes public domain, i.e. can be used freely without

infringing any IPR.

• Who takes care of the copyright business?Composers, publishers, copyright collectives, collecting societies

and performing rights organizations (such as ASCAP, BMI and

SESAC in the USA, and their parallels in other countries) take care

of the copyright royalties, which can be very substantial.

• If you are a musician, please remember!Write, perform and record your own music! Only composers have

copyrights and therefore they earn much more money in the long

term than performing musicians.


Royalties 1

• What are royalties?Royalties are payments due for commercial use of copyrights.

• What are music royalties?(1) royalties from "print rights“

(2) mechanical royalties from the recording of composed music on

CDs and tape

(3) performance royalties from the performance of the

compositions/songs on stage or television through artists and bands

(4) synch (for synchronization) royalties from using or adapting the

musical score in the movies, television advertisements, etc.

(5) digital rights from simulcasting, webcasting, streaming,

downloading, and online "on-demand service".


Royalties 2

• The UK model as an example:

Mechanical Copyright Protection Society (MCPS) (ZAiKS)

licenses the writer’s copyright for sound recordings

Performing Right Society (PRS) (ZAiKS)

licenses the writer’s performance rights

Phonographic Performance Limited (PPL) (ZPAV)

licenses the right to perform sound recordings (usually by

broadcasters, clubs and pubs)

Video Performance Limited (VPL) (MPLC)

licenses the right to perform music video recordings (usually by

broadcasters, clubs and pubs)


Royalties 3


Royalties 4


IFPI• International Federation of the Phonographic Industry (IFPI) is the

umbrella organization that represents the interests of the recording

industry. Its stated mission is to promote the value of recorded

music, safeguard the rights of record producers and expand the

commercial uses of recorded music. Its services to members include

legal policy advice (lobbying), anti-piracy enforcement, litigation and

regulatory affairs, market research and communications support.

IFPI represents the recording industry worldwide with some 1,400

members in 66 countries and affiliated industry associations in 45

countries (ZPAV). According to the IFPI, "any company, firm or

person producing sound recordings or music videos which are made

available to the public in reasonable quantities is eligible for

membership of IFPI", though the company does not specify what

"reasonable quantities" actually means. Due to the fact that the

Majors dominate the IFPI it is sometimes referred to as the “Big

Mafia”.


ISRC• The International Standard Recording Code (ISRC) is the

international identification system for sound recordings and music

video recordings.

• ISRC enables recordings to be uniquely and permanently identified.

ISRC helps to avoid ambiguity and simplifies the management of

rights when recordings are used across different formats, distribution

channels or products. The ISRC for a recording remains a fixed point

of reference when the recording is used across different services,

across borders, or under different licensing deals.

• ISRC is widely used by producers of recordings, by digital services

and by Music Licensing Companies.


Barcode• A barcode is an optical machine-readable representation of data

relating to the object to which it is attached. Originally barcodes

systematically represented data by varying the widths and spacings

of parallel lines, and may be referred to as linear or one-dimensional

(1D). Later they evolved into rectangles, dots, hexagons and other

geometric patterns in two dimensions (2D). Although 2D systems

use a variety of symbols, they are generally referred to as barcodes

as well. Barcodes originally were scanned by special optical

scanners called barcode readers. Later, scanners and interpretive

software became available on devices including desktop printers and

smartphones.

UPC EAN-13


Musicians’ Union• A Musicians’ Union is an (national) organization which represents

musicians working in all sectors of the music business.

• As well as negotiating on behalf of musicians with all the major

employers in the industry, the MU offers a range of services tailored

for the self-employed by providing assistance for professional and

student musicians of all ages.

• The Musicians’ Union has specialist full-time officials available to

immediately tackle the issues raised by musicians working in the live

arena, the recording studio, or when writing and composing.

• Such issues can range from copyright protection to valuable

contractual advice or from the recovery of unpaid fees to crucial

work in health and safety.

• Add to this the many services that the Union provides and you have

an organization that can assist its members throughout their

professional careers and beyond.

Documents

How to be - Part 2