• Copyright• Key Points Concerning Copyright:• COPYRIGHTABLE WORKS– musical compositions, broadcast programs, works of art, movies, computer programs• NOT COPYRIGHTABLE– titles, slogans, brand names, news events, ideas• Some Definitions• cop·y·right - noun, Abbr. The legal right granted to an author, a composer, a playwright, a publisher, or a distributor to exclusive publication, production, sale, ordistribution of a literary, musical, dramatic, or artistic work.• trade·mark- noun, Abbr. TM. A name, symbol, or other device identifying a product, officially registered and legally restricted to the use of the owner or manufacturer.• pat·ent - noun, Abbr. A grant made by a government that confers upon the creator ofan invention the sole right to make, use, and sell that invention for a set period of time. b. Letters patent. c. An invention protected by such a grant.• Music Licensing Layers of Copyright :• Performance Rights (Composers)– ASCAP, BMI, SESAC• Blanket • Per Use• Synchronization Rights– Mechanical Rights• Related to underlying musical composition – Master Recording Rights • Related to a specific recorded version of a composition– May be acquired directly from composer and publisher/recording labelOR– Harry Fox Agency– Copyright Clearinghouse, Inc.• Fair Use Provisions of Copyright Law • limited use of copyrighted works for certain creative, critical, or educational purposes without payment or permission– Section 107 sets out four factors to be considered in determining whether or not a particular use is fair:• the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;• the nature of the copyrighted work;• amount and substantiality of the portion used in relation to the copyrighted work as a whole; and • the effect of the use upon the potential market for or value of the copyrighted work. • What is the purpose and character of the use?– Nonprofit– Educational– Personal– Journalism– Parody– Critique or comment– Commercial• What is the nature of the work?– Fact based• Fictional vs. Non-fictional– Published– Unpublished creative works• How much of the work will be used?– Small amount– More than a small amount (legally recognizable appropriation)• The effect of the use upon the potential market for or value of the copyrighted work? – First three factors lean toward fair use– Out of print or otherwise unavailable – Copyright owner is unidentifiable– Takes away from marketability of original• Length of Copyright – General Notes (U.S.)• Works created on or after January 1, 1978– Lifetime of composer or creator plus 70 years; Works for hire - the shorter of 95 years from first publication, or 120 years from the date of creation• Works published prior to 1923 – public domain• Length of Copyright – General Notes (U.S.)• Works published after 1922, but before 1978 – protected for 95 years from the date of publication.• Works published between 1923 and 1963– must have had copyright renewed. – If the author failed to renew the copyright, the work has fallen into the public domain and you may use it.• Length of Copyright – Complicating Issues for Public Domain • All aspects of work may not be in public domain• Updated or revised versions of original works may not be in public domain• Works in public domain under U.S. copyright law not necessarily in public domain internationally • Cost of Copyright • Fees for copyrighted works in television shows often tied to ratings• Commercial radio stations pay around 3% of theirnet revenue• Small market stations & educational stations pay a discounted rate as well• How Are Copyright Rates for Broadcasters Determined?• Logging• Review of cue sheets for syndicated shows• “Thumb print” technologies• Copyright and the Internet: File-sharing• Demise of Napster– right of “fair use” vs. recording industry• Peer-to-peer services– Morpheus, Grokster & Kazaa• Servers cannot control the download• No use of central servers; virtually impossible to shut down• Are there possible answers? – Music industry suits against consumers; recording companies hack into private computers…no easy answers to problem• 1998 Digital Millennium Copyright Act – record companies and artists get an additional royalty when music is played on Internet radio (per song basis: ending many Web stations)• Music Licensing Layers of Copyright :• Digital Millennium Copyright Act– Additional fees from streaming on air content– Restricts music playlists. Within a 3 hour period: • No more than four tracks total may be played by the same artist. • Of these four tracks, a maximum of three can be played one after the other without interruption. • Of the three tracks played back-to-back, no more than two can be from the same album.• Special issues for pre-1972 Music• Administration of Copyright Law• All functions handled by the Library of Congress• Internet and Copyright• Other Internet Copyright Issues Illustrated by This• Obscenity, Indecency, and Profanity• Obscenity, Indecency, and Profanity• Section 1464 of U.S. Criminal Code– provides for fines and prison penalties for anyone who uses "obscene, indecent, or profane language" on radiowaves.• Profanity• Profane language has been defined by the courts as language which contains blasphemous statements or invokes divine condemnation such as irreverent use of "by God" or "damn you."– The FCC’s profanity analysis, however, does not reach these words because of the First Amendment implications.• Profanity defined for FCC purposes:– Denoting certain of those personally reviling epithets naturally tending to provoke violent resentment or denoting language so grossly offensive to members of the public who actually hear it as to amount to a nuisance.• Profane language, for FCC purposes, is limited to words that are sexual or excretory in nature or are derived from such terms. • Obscenity • Current definition from Miller v. California (1973) • Three pronged test:– An average person, applying contemporary community standards,must find that the material as a whole, appeals to prurient interests.– The material must describe in a patently offensive way, sexual conduct specifically defined by applicable state law– The material, taken as