Transcript BASCA PR & Marketing Strategy 2009/10

Copyright for Songwriters and
Composers
Copyright…
Protects the form of expression
of ideas but not the
ideas themselves.
It builds a system where authors are
rewarded for the creation of
original works.
Definition of Copyright
Allows the author the right to
prevent others from doing certain
restricted acts; performing,
printing or otherwise multiplying
copies of a musical, literary or
dramatic work.
How does it arise?
As soon as it is made into a permanent form
You don’t have to do anything, but....
It must be original; created by the author using his
own skill, judgment and individual effort
The author must be a British citizen or an
individual domiciled in the United Kingdom.
Ownership
The first owner of copyright is generally the author unless
…..
the work is created in the course of his employment.
Commissioned works: the person creating the work will own
the copyright even though the commissioner of the work
has paid for the work to be done unless
….
you agree otherwise in writing.
Joint Authorship
A work created by more than
one person if contributions from
each author are not distinct from
that of the other authors.
Each joint author has the same rights as a sole author.
An author may sue any of his other joint authors who do
any of the acts restricted by copyright without his
consent.
Licence or Assign?
 If you licence your music you keep the
underlying copyright, you are only granting
the licensee permission to carry out certain
acts for the duration of the licence.
 If you are assigning the ownership and
control of the copyright in your work will
transfer to the assignee.
Exclusive and Non-Exclusive
 If the deal is non-exclusive the license term doesn’t
matter as much. Depending on what bargaining
power you have the term can vary from 5-10 years .
 Where as an exclusive license the term could be as
long as duration of copyright.
Each song comprises two
copyrights....
The music
The lyrics
A recording has two copyrights....
Copyright in the music
and the lyrics –
duration of copyright;
70 years after death
Copyright in the sound
recording – 50 years
How do you prove it?
If you want protection for your work post to
yourself by recorded delivery a copy of the score,
recording, notes, lyrics – anything concerning the
work
Do not open it!
The post mark date is your evidence of the
works existence and copyright at that date.
What are your Copy Rights?
Authorise or prohibit people to do things with
your work
Right to economically exploit your work by
assigning it or licensing it
If you know what your rights are you can
identify income streams
Additional Rights...
Performing Right
Mechanical Right
Print Right
Sync Right
Grand Rights
Moral Rights
Performing Right
Each time your work is broadcast,
performed live or heard publicly.
In the UK generally administered
by the PRS for Music
Mechanical Right
Each time your work is transferred to a product
which includes music (CDs or internet downloads)
or when it is synchronised with a film or television
broadcast.
In the UK collected by the
MCPS or often self published
Print Right
In 1910 75% of all records sold were classical music
and sheet music was king
Composers, songwriters and publishers relied on
sheet music for their primary income
Sync Right
For music time synchronised to film, tv
shows, mobile ringtones or adverts
Growing markets
Negotiated directly,
one off fee
Moral Rights
Only apply to copyright in the musical work not
sound recordings.
-Right to paternityof work
-Right to object to derogatory treatment
-Right to object to false attribution (20 years
after the death of the author )
Duration is the term of copyright (author’s life
plus 70 years)
Grand Rights
If your work has been commissioned for use in a dramatic
performance like an opera, ballet or musical, you (or your
publisher) hold the exclusive right to issue licences and
collect fees each time a performance is made.
No collection society exists to
do this for you and so you or your
publisher should negotiate these
fees in advance.
Publishing
In mid-15th century mechanical
techniques for printing music and
bibles were first developed.
The music publishing revolution
started in Tin Pan Alley in 1885 when a
collection of music publishers set up shop in New York.
The first copyright legislation gave protection
for 21 years - 1709 Statute of Anne
What do Publishers do?
Support composer’s and
songwriter’s creative process
Promote their music
Manage business exploitationof their music
Seek to protect and enhance the value
of their works
Publishing Deals
Do you need one?
Increasingly more
artists doing without
a record deal, but
most have a
publishing deal
Publishing Deals
Traditionally the work is assigned (sold)
forever
Currently limited periods are
more common; 7 – 25 years
80 / 20 or 70 / 30
splits are common
Admin Deals
License not an assignment
No promotion but
collection of monies
Often used in international deals - a writer will often
get paid royalties quicker using a network of subpublishers rather than the national
collecting society
For further information…
The Intellectual Property Office is an
excellent free resource on copyright:
http://www.ipo.gov.uk/types/copy.htm
The Music Publishers Association website
contains information on music publishing:
http://www.mpaonline.org.uk/
If you are a BASCA member more information
is available in the members resource area.
www.basca.org.uk