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Copyright Introduction Flashcards

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1
Q

What are the 3 types of IP?

A

Copyright, Trademarks and Patents (IT)

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2
Q

Recorded Music Market-share in 2022?

A
  • Majors: 65.4%
  • Independents 28.9%
  • Artist Direct: 5.7%
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3
Q

Which country has the most patents, trademarks and industrial designs?

A

China

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4
Q

What does STEM stand for?

A

Science, technology, engineering, and mathematics

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5
Q

What are the top 3 countries with the most STEM graduates in the world?

A

China, India, USA

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6
Q

What is the main challenge for IP law?

A

We need to protect enough to create incentives and rewards for creative (intellectual) work, but we don’t want to overly protect and restrict follow-on innovation and entrepreneurship

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7
Q

What is the Intellectual Property Law about?

A

It seeks to balance the rights of owners with those of the wider society

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8
Q

What is follow-on innovation?

A

Taking something existing and continue to innovate from that

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9
Q

How do we prevent the wider pool of ideas, language, culture of becoming completely privatised and fenced-off as someone’s IP?

A

By limiting the duration of IP rights to have copyright fall into public domain over the years

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10
Q

Where was principle of IP Law set out?

A

In the US Constitution

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11
Q

What problem does lobbying cause for copyright law?

A

Some big companies own so much copyrights that they hire lobbyists to make the copyright rights even longer. Before, copyrights were owned by individuals, then small companies and now huge companies, which creates a concentration of IP ownership

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12
Q

Name 3 areas of controversy in copyright law :

A
  • Drug Company Patents
  • Extension of Duration of Record Copyrights
  • Rise of “copyleft” movement
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13
Q

What is the copyleft movement?

A

Copyleft is a general method for making a program (or other work) free (in the sense of freedom, not “zero price”), and requiring all modified and extended versions of the program to be free as well. The simplest way to make a program free software is to put it in the public domain, uncopyrighted.

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14
Q

What is the definition of copyright?

A

The right to control the copying of certain works for a period of time

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15
Q

When and in which country was the first copyright law created?

A

In Britain in 1710 through the “Statute of Anne”

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16
Q

What drove the development of copyright law?

A

Printing

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17
Q

What are the technology benefits for the content industries?

A
  • New production possibilities
  • New distribution opportunities
  • Opportunities to harness data and market information
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18
Q

What is the Statute of Anne about?

A

The first official copyright law ever. Copyright law for literary works only, and just 14 years protection

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19
Q

When did copyright law come to the USA and what’s its name?

A

Copyright Act of 1790

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20
Q

When did copyright law come to India and how has it evolved?

A

Copyright law in India emerged in 1847, updated in 1914, and much more fully in the Copyright Act of 1957

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21
Q

How was the convergence of copyright law strengthened over the years?

A

Convergence driven by global treaties and trade agreements, and by increased local production of copyright

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22
Q

Copyright duration of SONGS in the USA/UK, India and Mexico :

A
  • USA/UK : Life of songwriter + 70 years
  • India : Life of songwriter + 60 years
  • Mexico : Life of songwriter + 100 years
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23
Q

Copyright duration of RECORDINGS in the USA, UK and India :

A
  • USA : 95 years from release
  • UK : 70 years from release
  • India : 60 years from release
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24
Q

What are the 4 rights that come with copyright?

A
  • Reproduction Right
  • Distribution Right
  • Public Performance Right
  • Right of Adaptation / Derivation.
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25
What is streaming in the eyes of copyright?
A legal temporary copy
26
Is copying someone's voice (AI) a copyright issue?
No, it concerns personality rights and not copyright
27
What does "music" mean?
It can mean a SONG, or a particular RECORDING of a song, or both!
28
Give 3 synonyms of "songs"
Compositions, works, titles
29
Give 4 synonyms of "recordings"
Tracks, cuts, masters, versions
30
Which one makes the most money between the song and the recording and why?
The recording, as the recording business has all the costs
31
What is the symbol for the "recording" copyright and what's the name of the creator of the recording?
Phonographic copyright : ℗ It is a recording artist
32
What is the symbol for the "song" copyright and what's the name of the creator of the song?
© A songwriter or composer
33
Who are the rightsholders of a song?
- The songwriter - The music publishing company - Possibily a management company (HYBE) or a record company
34
Who are the rightsholders of a recording?
- The artist - The record company - Possibly a management company
35
Explain the Ed Sheeran vs Marvin Gaye case
Marvin Gaye attacked Ed Sheeran claiming that he copied the chords of his song "Let's Get It On". However, this is not an original part, so Ed won.
36
Which legal precedent made the action of using (sampling) any part of another's sound recording considered as an infringement?
The court case of Westbound Records and Bridgeport Music vs No Limit Films (2004)
37
What is a mechanical license or compulsory license ?
The right to make a recording of the song, providing that they pay the recording and mecanical licence fees
38
What are the rights/obligations for the RECORDING rightsholders when it comes to licensing?
Rightsholder has complete control over whether or not it licenses any of the rights of copyright (to film, TV, whatever)
39
What are the rights/obligations for the SONG rightsholders when it comes to licensing?
Rights holder is required to license certain rights of copyright. Specifically compulsory licensing provisions exist with regard to the right to record (reproduce) and release the song in recordings = "the mechanical right"
40
Why do we call it the (compulsory) "mechanical license"?
Because early reproductions of songs were via the mechanical rolls
41
What is the difference between a faithful cover and an interpellation? What is mandatory for an interpellation?
Anyone can make a faithful cover as long as it's the same lyrics and melody. All the song revenues will go to the rights holders. For the interpellation, you need the rightsholder authorization
42
What are the slice sizes of the streaming pie between the recording rightsholder, the song rightsholder and the DSP for 1$?
- 55-58 cents for the recording - 12-15 cents for the song - 25-30 cents for the DSP (Spotify)
43
What are the 5 characteristics of the "recordings" culture?
- More Risk taking (sign earlier) - Artist development - Marketing focussed - More Roster focussed - Overwhelmed with content
44
What are the 5 characteristics of the "songs" culture?
- Generally Sign later - Limited development role - More admin focussed - Very catalogue focussed - More manageable and deep knowledge of catalogue
45
What are the 4 stages test of copyright?
1. Does it fall within protected category of works? 2. Has the idea been fixed into some material form? 3. Is the work original? 4. Is the author of the work a qualifying person?
46
What are the 4 categories of work?
- literary work - dramatic work - artistic work - musical work
47
What are the 4 steps (questions) of the court case for an infringement?
1. Is there a close similarity? 2. Can the defendant establish independent creation? 3. Copying established. Does the copying relate to a substantial part of the plaintiff'’s work? 4. Is there a fair use defence?
48
Explain the Bright Tunes Music vs George Harrison case
49
How do labels, distributors, publishers and PROs protect themselves from being sued if their artist infringes a copyright (copying a song, etc.)?
Through Warranties and Indemnities in their contracts with artists and writers
50
What is a warranty?
A contractual promise
51
What is an indemnity?
The party breaching that promise covers any liabilities/ costs / damages the other party incurs as a result of that breach of warranty
52
Explain the Westbound Records and Bridgeport Music vs No Limit Films (2004) case
No Limit films used a music sample for their song without asking permission from the copyright owner. Before that case, sampling wasn't protected and now it is.
53
What is considered substantial in a sound recording?
Everything, any part
54
What is statutory damage?
A minimum damage the artist has to pay if they infringe even though they didn’t make any money out of it
55
What is the question we should ask to know if it is Fair Use or not?
Does it damage the original person who created the work in any way?
56
What are the the main acts permitted in relation to copyright works for Fair Use?
- research or private study - criticism, review and news reporting - incidental inclusion of works - certain educational uses - certain use by libraries - certain use for public administration (e.g. use of works by Parliament or courts)
57
Explain the Ghistface Killah vs Armstrong case
The rapper transformed and sampled Wonderful World to criticise the song with the message that for black people life isn't wonderful + it's highly transformative so the rapper won
58
Explain the Campbell v. Acuff-Rose Music, Inc. case
The rap group 2 Live Crew made a song called Pretty Woman and made a parody of the original that was highly transformative and critisized the original song lyrics. They won the case even though they made money out of it.
59
Explain the Sony Betamax defence
A key victory for the tech sector. Sony able to show their product had: i) important non infringing purposes ii) no knowledge / control over the primary infringers This defence would come back much later to haunt the music business
60
Explain the RIAA vs Napster (2000) case
Labels sued Napster and Napster had to pay publishers to settle the copyright. In 2003 they lost at the appeal because of all the pirate data centralized. So they are secondary infringers
61
Explain the MGM Studios and others v Grokster & Streamcast Networks (2003) case
Same as Napster case 2003 but Grokster won because it was decentralized, but in 2005 they lost because the emails were found
62
Explain the MGM Studios and others v Grokster & Streamcast Networks (2005) case
They invited Napster users to come and do piracy through emails so lost at the appeal
63
Explain the Sabam v Scarlet (Tiscali) 2007 case
Sabam sued Scarlet ISP who lost first, then won on appeal because SABAM can't put pressure on ISPs to police who is doing what on the internet, it's impossible
64
In which year was the public performance right for songs created?
1848
65
What is the SACEM?
The world’s first performing rights organisation for songwriters and owners (PRO)
66
When was the blanket license created and following which event?
1848, when the composers refused to pay for their coffee since the café played their song without paying them
67
Name 5 PROs
- UK Performing Rights Society (PRS) formed in 1914 - ASCAP (1914) - BMI (1940) - SESAC (1930) - GEMA (1933)
68
Who are the 3 PRO members/customers?
- Writer members - Publisher members - Public performers of music
69

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