(Entertainment and Sports Lawyer/ American Bar Association/ Winter 2017,Volume 33, #2/ revised and updated March 2020)
Legal Articles and Advice
In the Music Business, rates, fees and values are determined in a number of different ways as well as in a number of different venues- these include Negotiation between individuals, entities and industry organizations, Rate Courts, Copyright Royalty Boards and Tribunals, Statutory licenses, legis
(Article first appeared in the Entertainment and Sports Lawyer, Volume 36, #1, Winter, 2020 and is based on information in the “Buying and Selling of Songs” chapter in the 8thedition of “Music, Money and Success: the Insiders Guide to Making Money in the Music Business”)
On occasion, if the story line of a composition is strong, or the subject matter unique, there might be interest by a producer, a third party, or one of the copyright owners to try to turn the song into a motion picture or television production.
A composition in the public domain is one that is unprotected by copyright, because its copyright has expired. As a brief overview of copyright duration under the United States Copyright Law (and there are more complexities depending on the composition involved so this is not dispositive in any r
One of the most financially lucrative rights of Copyright not only in the U.S. but also in foreign countries, is the Performance Right.
1. MECHANICAL: 2018-2022 Copyright Royalty Board/ Statutory License (Section 115 Copyright Law)
Includes physical copies, downloads, ringtones, limited downloads, interactive streaming,
The online/digital world has dramatically changed the way music is licensed in all media in addition to affecting the songwriter, composer and music publisher fees and backend royalties associated with any project.
By: Todd Brabec
Title 17 of the United States Code/Section106:
Published in Entertainment and Sports Lawyer, Volume 27, Number 3, Fall 2009. © 2009 by the American Bar Association. Reproduced with permission. All rights reserved.
Mobile music licensing involves primarily the two separate copyrights of the underlying composition (the song) and the actual sounds embedded on the recording (the sound recording) as well as the various rights which flow from those copyrights with the two primary ones being the reproduction / me
In most cases, the traditional sources of income and royalty producing types of music use are still the areas that, for many compositions, generate the most income. For example, radio and television performance income, motion picture and television synchronization income, television advertising
The Songwriter Agreement establishes the basic relationship between the songwriter and the publisher.
Performance royalties-the monies received from ASCAP, BMI, SESAC and foreign societies-have always been the primary and sometimes only source of film and television composer and songwriter back end compensation.
From its inception, music licensing in the digital/online space has been in a continuing state of evolution as to what is licensable, how it is to be licensed, who is to collect and negotiate fees, and what is the value of music in all of the new configurations. Although certain primary rulings
On May 19, 2009, the pilot of the television show named Glee (a series about a high school glee club called New Directions and their musical and non-music related stories) premiered in the United States. There was almost instantaneous success on multiple levels and the rest is history.