Performance Licenses

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Из курса от партнера Duke University

Copyright for Multimedia

182 оценки

Duke University

Copyright for Multimedia

182 оценки

Copyright questions about different formats (data, images, music and video) can be especially difficult. Sometimes the law specifically distinguishes between these different formats, and in most cases there are media-specific considerations that impact a copyright analysis. In this course we will look at four different media, paying special attention to the unique issues for each one and the kinds of information that is important when making copyright decisions for each type of material. We will work through fair use issues for each multimedia format, look at format-specific exceptions in the law, and consider unique issues for seeking permission for film, music, images and data. At the end of this course, participants will have a deeper understanding of how to apply our framework for making copyright decisions, and will be more comfortable with assessing multimedia issues. They will have gained more and more diverse experience for considering fair use.

Из урока

Music and Audio

Copyright for music, and especially for recording music, is extremely complicated and difficult to untangle. In this module we will explore the multiple rights that must be accounted for in almost every musical composition or recording. We will pay special attention to the multitude of licenses that come in to play when creating or using music. Exceptions for using music in teaching will be covered, and we will examine fair use considerations for different musical situations in detail. This is a module that has important implications for musicians, music teachers, librarians, and all those who want to use or reuse music.

Multiple Rights4:54

Performance Licenses4:31

Познакомьтесь с преподавателями

Kevin Smith, M.L.S., J.D.
Former Director, Copyright and Scholarly Communication
Duke University Libraries
Lisa A. Macklin, J.D.,M.L.S.
Director, Scholarly Communications Office
Robert W. Woodruff Library, Emory University
Anne Gilliland, JD, MLS
Scholarly Communications Officer
University Libraries, The University of North Carolina at Chapel Hill

So, Kevin, have you ever gone to a bar?

>> Yeah, I think once or twice.

>> Was there music playing?

>> Of course.

>> Well, in that case,

you were the recipient of the effect of a performance license.

Most bars and restaurants that play music for their patrons have

blanket licenses for those public performances of copyrighted music.

The licenses come from the major collective societies and

collective rights organizations, including ASCAP, BMI, and then even SeSac, which

is sound exchange licenses for Internet performances, on behalf of performers.

Which, as you'll recall is the only type of performance rights

that performers hold in recorded music.

So each license does permit public performances

of the music that's in that particular agency's catalog.

So what that means is different publishers work through different agencies, and

it's often necessary to get a license from all three performance rights groups

to cover the music that you might have playing in the bar.

>> These performance rights agencies also license

individual performances of specific pieces of music but their major business

is the kind of blanket license that you were talking about that they provide for

businesses of all sorts and for our purposes very often.

Also for college campuses.

Colleges and universities buy these licenses so that their faculty,

students, anybody can perform various kinds of music on the campus.

Most campus licenses permit a variety of live performances of the music that's in

their repertoire or catalogue.

That is, the music that publishers have made the specific agency

their legal representative for.

This allows performances, as I said,

by student bands, visiting musicians, faculty groups.

These licenses allow for the use of recorded music

at public performances such as sporting events, parties, graduations.

And they even sometimes cover the music on hold that you will find on your

telephone system.

>> [LAUGH] >> Performances may also be broadcast

under certain circumstances when you hold these licenses,

including the over university owned cable TV stations, radio stations, or

a university owned internet site.

These facilities must, as I just said, be entirely controlled by the institution,

at least according to most of the terms of these licenses.

For example, the performance license would not allow recording a performance of

the school's orchestra, and posting it to YouTube.

But it might allow posting it to a university-controlled website,

which obviously YouTube is not.

And in fact, the issue of recording is not very clear,

at least in the licenses that I'm familiar with.

Broadcast is allowed in these limited circumstances that I've described, but

it's not at all clear if these performances must be live or

if they can be recorded on campus and then broadcast later.

That's just one thing that the licenses aren't clear about.

There's another that they clearly do not cover.

And they always say this.

And that's performance of music for a dramatic performance.

So if you wanna do an opera or a play that includes music, a musical.

The performance of these dramatical musical works, which is the language

the licenses often use is not included in the typical campus license.

These kinds of rights are often called Grand Rights.

This is another example of a dividing up of the rights in a way that the law

doesn't specify, but the rights holders have made part of the licensing tradition.

So grand rights are something entirely different

than most of the other performance rights on campus.

>> So a good example of what,

that you really need to know the breadth of the licenses that you have.

>> Absolutely.

>> So, if your campus has a blanket license, it's okay.

For students, faculty, and visiting musicians to perform a variety of music,

everything from symphonies to pop songs, without having to get further permission.

But if you want to stage Rent or Rigoletto or

offer a production of The Nutcracker over the holidays, then you're going to have

to get additional licensing for those particular performances.

>> Those grand rights.

>> Those grand rights.

Thank you for watching.

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