Moser On Music Copyright

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ISBN: 9781598631432 | 1598631438
Cover: Paperback
Copyright: 2/6/2006

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Copyright law and the ownership of intellectual property are the lifeblood of the music industry and the primary source of income for most musicians. "Moser on Music Copyright" provides students, musicians, and those who aspire to the music industry with comprehensive coverage of copyright law as it applies to music. Using simple terminology, this revised edition offers a straightforward explanation of the most important provisions of U.S. copyright law and its application to musical works and the music industry. Written by an industry expert and layer, the book features completely up-to-date and relevant content including numerous examples of actual case and new business developments. The book also includes practical tips and examples of real-life application of copyright law.

What Is Copyright?

(10)

What Is Copyright?

(2)

Why Do We Need Copyright?

(5)

The Author's Right Philosophy

(1)

The User's Right Philosophy

(2)

Other Philosophies

(1)

Economic Rights Philosophy

(1)

Other Types of Intellectual Property

(1)

Patents

(1)

Trademarks

(1)

Trade Secrets

(1)

(2)

The History of Copyright

(11)

The World Before Copyright

(1)

(2)

The Statute of Anne

(1)

(3)

The Colonial States

(1)

The Constitutional Copyright Clause

(1)

The Copyright Act of 1790

(1)

The Copyright Act of 1831

(1)

The Copyright Act of 1909

(1)

The Copyright Act of 1976

(1)

International Developments

(1)

Summary

(4)

What Can Be Protected by Copyright?

(20)

Requirements for Copyright

(4)

Originality

(1)

Expression

(1)

Fixation

(2)

Categories of Copyrightable Works

(8)

Musical Works

(4)

Sound Recordings

(2)

Literary Works

(1)

Dramatic Works

(1)

Pantomimes and Choreographic Works

(1)

Pictorial, Graphic, and Sculptural Works

(1)

Motion Pictures and Other Audiovisual Works

(1)

Compilations

(3)

What Is Not Protected by Copyright?

(4)

The Public Domain

(1)

Ideas Versus Expression

(1)

Facts

(1)

Names, Titles, Slogans, and Short Phrases

(1)

Unfixed Works

(1)

Works of the United States Government

(2)

Ownership of Copyright

(21)

Initial Ownership

(1)

Joint Ownership

(5)

Requirements for Joint Ownership

(2)

Rights and Duties of Joint Owners

(2)

Community Property

(1)

Works Made for Hire

(3)

Two Categories of Works Made for Hire

(3)

Transfer of Copyright Ownership

(4)

The Writing Requirement

(1)

Recording Copyright Transfers

(2)

Termination of Transfers

(4)

Rationale for the Termination Right

(1)

Transfers Made Beginning January 1, 1978

(2)

Transfers Made before January 1, 1978

(1)

The Derivative Works Exception

(1)

Ownership of Sound Recordings

(3)

The Reproduction Right

(15)

Introduction: Exclusive Rights

(1)

The Reproduction Right

(14)

Reproduction of Musical Works

(5)

Reproduction of Sound Recordings

(9)

The Derivative and Distribution Rights

(10)

The Derivative Right

(4)

What Is a Derivative Work?

(1)

Requirements for Derivative Works

(1)

Types of Derivative Works

(1)

Degree of Protection in Derivative Works

(1)

Derivative Musical Arrangements

(1)

Arrangements Under the Compulsory Mechanical License

(1)

Copyrighting The Uncopyrightable

(1)

The Distribution Right

(6)

Record Piracy

(1)

Limitations on the Distribution Right

(4)

Public Performance and Display Rights

(21)

The Public Performance Right

(18)

What Is a Performance?

(1)

What Is a Public Performance?

(1)

Performing Rights Organizations

(4)

Limitations on the Public Performance Right

(6)

Sound Recordings and the Performance Right

100

(1)

The Digital Performance Right In Sound Recordings Act

101

(5)

The Public Display Right

106

(3)

Limitations on the Public Display Right

107

(2)

Duration of Copyright

109

(11)

Evolution of Copyright Term

109

(3)

The 1909 Copyright Act

110

(2)

The 1976 Copyright Act

112

(1)

Determining Copyright Duration

112

(8)

Works Created From 1978 To Present

112

(3)

Works Created But Not Published Before 1978

115

(1)

Works Published Before 1978

115

(2)

Determining Whether a Work Is In The Public Domain

117

(1)

Restoration of Copyright In Foreign Works

118

(1)

Duration of Assignments

119

(1)

120

(18)

The Copyright Office

120

(2)

Structure of the Copyright Office

121

(1)

122

(1)

122

(12)

What Is Copyright Registration?

122

(1)

Why Should You Register?

123

(1)

Who Can Register?

124

(1)

When Should You Register?

124

(1)

How to Register?

124

(5)

Registering a Collection of Works

129

(1)

Expedited Registration

130

(1)

The Examination Process

131

(1)

Correcting and Supplementing Registrations

132

(1)

Alternatives to Registration

133

(1)

134

(1)

Mandatory Deposit

134

(1)

Penalties for Failure to Deposit

134

(1)

What Must Be Deposited

135

(1)

135

(3)

What Should a Copyright Notice Contain?

136

(1)

Where Should Copyright Notice Be Placed?

136

(2)

Infringement of Copyright

138

(17)

What Is Copyright Infringement?

138

(1)

What Should You Do when You Believe Your Work Has Been Infringed?

139

(1)

How to Bring an Infringement Lawsuit

140

(1)

Who Can Sue For Infringement?

140

(1)

Where to Bring a Copyright Infringement Lawsuit

140

(1)

How Do You Prove Infringement?

141

(10)

Ownership of a Valid Copyright

141

(1)

Copying of a Copyrighted Work

142

(4)

Some Famous Music Infringement Cases

146

(5)

Liability for Infringement

151

(4)

Contributory Infringement

151

(1)

Vicarious Infringement

152

(1)

Joint and Several Liability

153

(2)

Defenses to Infringement

155

(14)

Statute of Limitations

155

(2)

Abandonment of Copyright

157

(1)

Independent Creation

157

(1)

Fair Use

158

(9)

What Is Fair Use?

158

(1)

Origins of Fair Use

158

(1)

Fair Use Under The 1976 Copyright Act

159

(8)

De Minimis Copying

167

(1)

Innocent Intent

167

(2)

Remedies for Copyright Infringement

169

(10)

Coercive Remedies

169

(1)

Injunction

169

(1)

Impoundment

170

(1)

Destruction

170

(1)

Compensatory Remedies

170

(6)

Actual Damages and Profits

171

(1)

Statutory Damages

172

(2)

Costs and Attorneys' Fees

174

(2)

Criminal Copyright Infringement

176

(3)

The 1976 Copyright Act

176

(1)

The No Electronic Theft Act

177

(1)

The Digital Millennium Copyright Act

178

(1)

International Copyright Protection

179

(11)

History of U.S. Attempts at International Protection

180

(6)

Bilateral Treaties

180

(1)

Multinational Treaties

181

(5)

Countries that Have No Copyright Relations with the United States

186

(1)

Piracy and the Use of Economic Pressure to Enforce Copyright

186

(2)

What to Do if Your Work Is Infringed in a Foreign Country

188

(2)

190

(13)

Introduction

190

(2)

New Technologies

192

(1)

Digital Technology

193

(1)

The Internet

193

(1)

How Music Is Used on the Internet

193

(2)

Streaming

193

(1)

Downloading

193

(2)

How Does Copyright Apply to the Internet?

195

(3)

The Reproduction Right

195

(1)

The Public Performance Right

196

(1)

The Reproduction/performance Controversy

196

(1)

The Distribution Right

197

(1)

The Digital Millennium Copyright Act

198

(4)

Anti-piracy Provisions

198

(1)

Online Service Provider Liability

199

(3)

Conclusion

202

(1)

The Online Music War

203

(19)

Legal Enforcement

204

(14)

What Is File Sharing?

204

(1)

The War Begins: A&m Records V. Napster

205

(2)

Umg Recordings, Inc. V.Mp3.com, Inc

207

(1)

Grokster, Parts One and Two: The Record Industry Suffers its First Casualties

208

(1)

Riaa V. John Does: The Record Industry Sues its Customers

209

(2)

Grokster And Streamcast, Part Three: File Sharing D-day

211

(1)

Kazaa, Etc.: The Emergence of an International Standard?

212

(2)

Criminal Copyright Enforcement

214

(1)

Have the File Sharing Lawsuits Helped?

215

(3)

Technological Enforcement

218

(2)

Encryption

218

(1)

Watermarking

219

(1)

Spoofing

220

(1)

220

(2)

Conclusion

222

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Moser On Music Copyright

Summary

Table of Contents

Supplemental Materials