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Music Copyright Laws
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First Sale Doctrine
A legal concept that allows the purchaser of a copyrighted work to resell that particular copy, but not to make additional copies to sell.
Cease and Desist Letter
A document sent to an individual or business to halt purportedly unlawful activity ("cease") and not to take it up again later ("desist"), which is often the first step in enforcing copyright or other intellectual property rights.
Work for Hire
A work created by an employee as part of their job, or a work commissioned under a specific contract, in which case the employer or commissioner is considered the legal author.
The Berne Convention
An international agreement governing copyright protection which ensures that artists and authors receive the rights to their works in all signatory countries.
Synchronization License
A license granted by the copyright holder of a piece of music, allowing the licensee to sync music with some kind of visual media output.
Fair Use
A doctrine that permits limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, scholarship, or research.
Music Licensing Agreement
A contract that allows one party (the licensee) to use the music owned by another party (the licensor) in exchange for payment or royalties.
Sample Clearance
The process of obtaining permission from the copyright holders of a song to use a portion of that song, such as a riff or a sample, in a new work.
Statutory Damages
Predetermined sums of money that may be recovered by copyright owners as compensation for infringement, without the need to prove actual harm or loss.
Public Domain
The status of an artistic work or intellectual property that has no exclusive intellectual property rights attached to it, often because they have expired or been forfeited.
Royalties
Payments that go to copyright holders in exchange for the authorized use of their intellectual property, such as when music is sold, performed, or broadcast.
Performance Rights
The rights to perform music in public. These rights are typically managed by performance rights organizations or societies.
Exclusive License
A contractual agreement granting a single licensee rights to the exclusion of all others, which means that only this licensee can use the rights granted for their own benefit.
Blanket License
A license issued by a performing rights organization that allows the licensee to perform any or all of the songs in the PRO's catalog an unlimited number of times for a set period.
Master Rights
The rights to the original recording of a song, which are usually held by the record label or whoever financed the recording.
Compulsory License
A license that must be granted by the copyright owner to anyone willing to pay a set fee to use the work, typically applied to mechanical licenses in the U.S.
Performing Rights Organization (PRO)
An organization that ensures songwriters and publishers are paid for the use of their music by collecting royalties on behalf of the rights owner when the music is used publicly.
Copyright Registration
The process of recording a copyright with the copyright office of your country which provides a public record of the copyright and is necessary for filing a lawsuit in the event of infringement in some jurisdictions.
Digital Rights Management (DRM)
Technological solutions that prevent unauthorized use of digital content and manage the rights of copyright holders.
Copyright Term
The length of time copyright protection remains in effect for a work, which varies by type of work and jurisdiction but typically lasts for the life of the creator plus an additional 70 years in many cases.
Mechanical License
A license that allows the licensee to make a new sound recording of someone else's previously released song.
Copyright Infringement
The use of copyrighted material without authorization from the copyright holder, which is illegal and subject to legal penalties.
Digital Performance Right in Sound Recordings
A copyright that specifically pertains to audio recordings in digital formats, allowing the performer or owner of a recording to be compensated when their performances are broadcast digitally.
Derivative Work
A work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, or any other form in which a work may be recast, transformed, or adapted.
Collective Licensing
The licensing of rights, such as performance and mechanical rights, to music works which are managed collectively by organizations on behalf of composers, songwriters, and publishers.
Copyright
A legal right that grants the creator of original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive compensation for their intellectual effort.
Notice of Intention to Obtain a Compulsory License
A legal statement a person or company submits to a copyright holder to inform them that they intend to use their work under a compulsory license.
Non-exclusive License
A contractual agreement that allows multiple parties to use the copyrighted material, without transferring ownership rights.
Moral Rights
The rights of creators to have their work attributed to them and to have their work remain unaltered, which can include the rights of integrity and paternity.
Sound Recording Copyright
The rights that pertain to the recording itself, as opposed to the composition of the song.
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