Professional Documents
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Thanks Aron!!!
Copyright
The music industry relies on royalties
generated by the licensing of
copyrighted songs and recordings as
a primary form of payment for
musicians. Intellectual property law
and licensing systems have gone
through significant adjustments over
recent years as a result of the rise of
digital music, but much of the
industrys historic legal framework
Royalties
Performance Royalties
The fees music users pay when music is performed
publicly. The use of music over the radio, in a
restaurant or bar, or over a service like Spotify or
Pandora is considered a public performance.
Mechanical Royalties
Mechanical royalties paid to songwriters and artists
when music is licensed (think CD or vinyl) but also
when music is streamed (streaming mechanicals)
on-demand (like Spotify). Songwriting mechanical
royalties are set by government through whats
called a compulsory license, which right now is set to
about 9.1 cents per copy.
The lawsuit alleges that Spotify not only hasnt paid all of
the mechanical royalties, but that they didnt obtain the
proper licenses either.
they didnt negotiate directly with the publishing
companies for the mechanical license nor did they send out
NOIs either. Distributors get paid from Spotify royalties for
the sound recording, NOT the composition.
Spotify (and all streaming services) worked out the sound
recording rates they pay labels and artists (via the
distributor) directly. The compulsory royalty rates for
compositions, however, are set by the US government.
Streaming services, however, dont have to get permission
to use a composition, but they do have to obtain a license
for it. A license can either be obtained directly from the
publisher or they can send a Notice of Intent (NOI) to the
publisher just saying that they intend to use the
composition (30 days prior to releasing the song on the
service).
Regulation - Spotify - HW
What is IP?
Who owns (rights holders) Ed Sheerans IP?
How does the owner make money?
What are the different types of Royalties?
What does Ed Sheeran think about royalties
from streaming services?
Has Spotify done anything wrong?
Thinking about streaming and royalties what
effect has this had on the industry?
Mash ups
https://www.rocketlawyer.com/blog/m
ashups-and-sampling-whats-fair-use97506
Sampling
Parody