What is a compulsory license for non-dramatic musical compositions?
The compulsory license for non-dramatic musical compositions under Section 115 of the Copyright Act of 1976 allows a person to distribute a new sound recording of a musical work, if that has been previously distributed to the public, by or under the authority of the copyright owner.
What is a compulsory licence?
Compulsory licenses allow owners of copyright licenses or patents to be the only ones with the right to use their copyrighted material. Copyright law allows creators to have specific rights over their works, which includes the right to perform, distribute, or reproduce their work.
Can a recording artist use a compulsory license?
A recording artist is not required to use the compulsory license, as many artists get permission directly from the original song owner and try to negotiate a lower rate. The compulsory license only authorizes the song to be used for musical compositions that are non-dramatic.
What is a compulsory cover license for music?
Unlike a traditional music copyright license, the terms for a compulsory cover license are established by the U.S. Copyright office rather than the artist or record label. This includes set royalty percentages and payment schedules.
What are the steps of a copyright license?
1. Copyright and Compulsory Licenses. 2. Compulsory License Steps. 3. How Compulsory Licenses Work. 4. Compulsory License Limitations. Compulsory licenses allow owners of copyright licenses or patents to be the only ones with the right to use their copyrighted material.
What is copyright law?
Copyright law allows creators to have specific rights over their works, which includes the right to perform, distribute, or reproduce their work. If someone else wants to distribute or reproduce their work, they must get permission from the copyright owner first.
Do you need a copyright license to sell a song?
There are some circumstances, also known as compulsory licenses, where it's not required to get a copyright owner's permission as long as the user pays certain fees and follows rules the law sets. Common examples of compulsory licenses are used by cable providers, music companies, satellite television providers, and webcasters. This license lets a singer or musician record and sell their version of a song that was previously recorded, as long as they pay royalties to the person who wrote the original composition and is the copyright holder.
Can you use a phonorecord for a musical?
It is not allowed to be used for dramatic compositions, such as an overture to a musical or in the opera. Phonorecords can only be distributed in public, which means they can' t be used for the soundtrack of a television show.
Can a copyrighted song be re-licensed?
The licensee is allowed to create a new arrangement of the song as long as the fundamental character stays the same. The court has the right to tell a copyright owner to allow a license to be granted to an innocent infringer instead of having it stopped. In countries such as the United States that subscribe to the Universal Copyright Convention, an author might need to allow a compulsory license to another subscribing government in order to translate their work into the country's main language, such as if there hasn't been a published translation in the past seven years.
Can a new singer get a mechanical license?
Therefore, a compulsory mechanical license can only be obtained if the song has been released previously.
Can you make your own phonorecords?
When phonorecords have been distributed publicly in the United States and the copyright owner gives consent, anyone can get a compulsory license. This means they're allowed to make and distribute their own song without getting express permission from the original owner.
What is a compulsory cover license?
A compulsory cover license allows an artist to legally sell their rendition or "cover" of another song based on a set royalty payment scale. A compulsory license is obtainable for any song that has already been previously recorded and sold with the consent of the original musical composition copyright holder.
How long before a song is sold does the copyright owner have to send a copyright notice?
Send a "Notice of Intent to Obtain a Compulsory License" form to the copyright owner 30 days before sale of the cover song : This notice tells the copyright holder that you will be selling a cover version of their work, formally establishing a compulsory cover license. Note that a separate letter must be used for each song, even if it’s the same artist.
How many steps are required to get a cover license?
Getting a compulsory cover license is four step process that includes the following:
Can you remix a song without a cover license?
Yes, if the cover alters the original song in any significant way. The compulsory cover license only applies to covers that are consistent with the original rendition of the song. Therefore, remixed or off-the-wall covers of songs may not be applicable under a compulsory cover license.
Can you sell a cover of a song without the original artist's consent?
In other words, you can obtain the right to sell a cover version of a song without ever having to gain the consent of the original artist.
Who administers statutory licenses?
The statutory license is administered by an organization called SoundExchange. Unlike PRO licenses, SoundExchange does not offer or negotiate a license agreement. Rather, a webcaster must file a “Notice of Use” with the U.S. Copyright Office along with a filing fee before it starts streaming.
What is a 115 license?
Section 115 Compulsory License: The Section 115 compulsory license is a statutory mechanical license that permits anyone to reproduce and distribute copies of nondramatic musical works, subject to certain conditions. Such copies may include physical copies, including CDs and records, or copies made in connection with digital transmissions (defined as “digital phonorecord deliveries” or “DPDs”), including digital downloads, limited or “tethered” downloads, interactive streaming, and ringtones. The conditions of the Section 115 license include the following: 1 The copyright owner must have distributed the musical work to the public (that is, the copyright owner has the right to control the first use of a musical composition); 2 The user’s primary purpose must be to create and distribute “phonorecords” or DPDs to the public for private use (there is no compulsory license to use music with video); 3 The user may make a musical arrangement of the work to the extent necessary to conform it to the style or manner of interpretation of the performance involved, but the user may not change the basic melody or fundamental character of the work; 4 The use cannot involve copying a sound recording (unless separate permission is obtained from the owner of the sound recording); and 5 The user must pay a compulsory license royalty. The royalty rates are set by the Copyright Royalty Board, which is composed of three full-time judges appointed by the Librarian of Congress.
What are the conditions of a Section 115 license?
The conditions of the Section 115 license include the following: The copyright owner must have distributed the musical work to the public (that is , the copyright owner has the right to control the first use of a musical composition);
What is a compulsory license for non-dramatic music?
The compulsory license for non-dramatic musical compositions under Section 115 of the Copyright Act of 1976 allows a person to distribute a new sound recording of a musical work, if that has been previously distributed to the public, by or under the authority of the copyright owner.
What is a compulsory license?
A compulsory license provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of adjudication or arbitration. In essence, under a compulsory license, an individual or company seeking to use another's intellectual property can do so without seeking the rights holder's consent, and pays the rights holder a set fee for the license. This is an exception to the general rule under intellectual property laws that the intellectual property owner enjoys exclusive rights that it may license – or decline to license – to others.
How does compulsory licensing work?
Compulsory licensing may be established through negotiating licenses that provide terms within the parameters of the compulsory license. Essentially compulsory licensing provide that copyright owners may only exercise the exclusive rights granted to them under copyright law in a certain way and through a certain system.
Which article of the Berne Convention provides the legal basis for compulsory licensing?
Berne Convention. Article 11bis (2) and Article 13 (1) of the Berne Convention for the Protection of Literary and Artistic Works provide the legal basis for compulsory licensing at the international level.
What is the difference between statutory and compulsory license?
Under statutory license, the rate is fixed by law, whereas in case of compulsory license, the rate is left to be negotiated or decided in court.
What is a TRIPS license?
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) also sets out specific provisions that shall be followed if a compulsory license is issued, and the requirements of such licenses. All significant patent systems comply with the requirements of TRIPs. The principal requirement for the issue of a compulsory license is that attempts to obtain a license under reasonable commercial terms must have failed over a reasonable period of time. Specific situations in which compulsory licenses may be issued are set out in the legislation of each patent system and vary between systems. Some examples of situations in which a compulsory license may be granted include lack of working over an extended period in the territory of the patent, inventions funded by the government, failure or inability of a patentee to meet a demand for a patented product and where the refusal to grant a license leads to the inability to exploit an important technological advance, or to exploit a further patent. TRIPs also provides that the requirements for a compulsory license may be waived in certain situations, in particular cases of national emergency or extreme urgency or in cases of public non-commercial use. Article 31.f of TRIPS requires that compulsory licenses be used "predominantly" for local markets, a requirement that complicates the ability of countries to import drugs manufactured overseas.
Which convention provides for the granting of compulsory licenses?
Many patent law systems provide for the granting of compulsory licenses in a variety of situations. The Paris Convention of 1883 provides that each contracting State may take legislative measures for the grant of compulsory licenses. Article 5A.
The Rise of Hip Hop (and With It, Digital Sampling)
In today’s market, the combined hip hop and R&B markets have pulled ahead of Rock as the top genre in terms of music consumption in the United States. [4] Indeed, “R&B and hip-hop are now responsible for 25.1% of all music consumption in the U.S., while rock claims 23%.” [5]
How Sampling Without a Proper License Violates Copyright law
Music copyrights have two forms: musical compositions and sound recordings.
How Courts Have Ruled on Sampling
In Grand Upright Music, Ltd. v. Warner Bros. Records., Inc., the Court found the use of a sampling to be a violation of copyright law. In this case, rapper Biz Markie incorporated a portion of Gilbert’ O’Sullivan’s song in his composition without acquiring a sample license. [12] Additionally, the Sixth Circuit in Bridgeport Music, Inc. v.
The Compulsory License System
The compulsory licensing scheme requires a more recent artist to pay a proper licensing fee to use another artist’s work if the latter’s recording has been released, limiting some of the problems described above. [20] However, this solution imposes its own set of problems.
Musicians Supporting the Licensing System
While some may find the Compulsory Licensing system unfair, others support it. For the artists who support the Compulsory Licensing system, their logic is simple; one should pay for the samples they use.
Musicians Arguing for Reform
On the other hand, some artists disagree and have called for the reform of the Compulsory Licensing system.
Weighing the Costs and Benefits
As Hip Hop continues to shape how artists create music with digital sampling, the legal standards should accordingly reform the current Compulsory Licensing System. The advancement of technology greatly increases the individual user’s access to copyrightable music, files, documents, movies, and more.
