The second edition builds on the analysis of the 1988 Act, by considering the significant and ongoing impact of the European Union on the question of performers' rights. It contains analysis of the implementation of the Directives developed from the Copyright and the Challenge of Technology Green Paper. Particular attention is paid to the Rental and Lending Rights Directive, which was implemented in the United Kingdom at the end of 1996. Performers' Rights also discusses future European Union initiatives and the WIPO Performances and Phonograms Treaty. It remains the only text exclusively devoted to the subject of performers' rights. The practical and comprehensive approach, which looks at those weapons available to litigants and the implications of drafting performers' contracts, makes this a vital source of information. All legal advisers to the entertainment industry, and lawyers dealing with copyright in general, will find this book a valuable asset.

Excerpt from Performers' and Performance Rights in Sound Recordings: Hearing Before the Subcommittee on Intellectual Property and Judicial Administration of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, First Session In October 1991 the Register delivered a report on the legal and policy implica tions of digital audio broadcasting technology. While the performance right issue was not the predominant topic in that report, it was the most controversial. Once again lines were clear] drawn between broadcasters and the recording interests. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

A performance-right for recording artists would correct a needless exception in U.S. copyright law. In addition the Passage of the Performance Rights Act would harmonize U.S. copyright law with those of other countries, benefiting both U.S. recording artists and the U.S. economy. Unsuccessful arguments made for lack of performance rights for over-the-air broadcasts: promotional value for the recording artist and the public interest obligations put on broadcast platforms. Neither argument is persuasive. If one party invests in and creates a resource with value to the public, governments should not let others appropriate that resource for their own commercial gain just by showing that the creator might therefore derive some incidental benefit. While airplay may indeed have some promotional benefit to the recording artist, the recording artist also confers benefits to the radio broadcasters by producing songs that people want to hear. Therefore, one party should not possess property rights while the other does not. Moreover, the artist now has multiple channels to exploit for promotional purposes, bringing to question the actual promotional value of the broadcast medium. As for the argument that over-the-air broadcasters should be exempt from performance rights because they are saddled with public interest obligations that other platforms are not, such burden of public interest obligations should cause policymakers to re-think broadcast regulation, not punish performers. Lack of public performance rights puts the U.S. at odds with laws in other countries. As a result, U.S. artists do not receive performance royalties abroad in reciprocation of the failure of the U.S. to compensate foreign artists. The lack of a general public-performance right for sound recordings unquestionably constitutes a net loss to U.S. artists, the U.S. music industry, the U.S. economy, and U.S. credibility as an advocate of reasoned, harmonized, and effect copyright policy.

Whether you are a music publisher or songwriter looking to maximize the value of your music catalog, or a producer, ad agency, or internet music service seeking to clear music rights for products, performances, and other uses, the new Fourth Edition of Kohn On Music Licensing offers you comprehensive and authoritative guidance. Written by experts with over 70 years of combined hands-on experience, this one-of-a-kind resource takes you through the various music licensing processes, type-by-type and step-by-step. In clear, coherent language, they provide detailed explanations of the many kinds of music licenses, identify the critical issues addressed in each, and offer valuable strategy and guidance to both rights owners and prospective licensees. Kohn on Music Licensing, Fourth Edition Walks the reader through the history of the music publishing business, from Tin Pan Alley to the user-generated content phenomena of the present. Dissects the songwriter agreement, providing the reader with a clause-by-clause analysis and offering the best negotiating strategies to achieve the best possible outcome for their clients. Guides the reader through the complexities of co-publishing agreements, administration agreements, and international subpublishing agreements, with a report on the rapidly changing music licensing landscape in Europe. Takes on the intricacies of licensing music in sound recordings, from the traditional CD format to the newer delivery methods, including downloads, streams, ringtones and ringbacksand—including the rates and terms used in the U.S., Canada and the United Kingdom. Confronts the pitfalls of licensing music for audiovisual works (synchronization licenses) using history as a guide, from the early talkies through streaming internet content. Explores new media and its impact on the licensing process. Technological developments have forced the industry to rethink licenses when dealing with videogames, computer software, karaoke, and digital print (including downloadable sheet music, lyric database websites, and digital guitar tabs.. Sizes up the digital sampling controversy and offers up suggestions for negotiating licenses for digital samples. Explores the ever-evolving concept of Fair Use and its application to the music industry. Provides the reader with a look at the landscape of licensing fees, including and“going ratesand” for synch, print, radio and& TV advertising, new media, and other licenses, to assist in negotiating the best rates for their clients. Proven tips and suggestions, along with the most up-to-date analysis, are given for the technical aspects of music licensing, from the perspective of both the rights owners and prospective licensees, including How to andquot;clearandquot; a license Advice on maximizing the value of your music copyrights Formalities of licensing Duration of copyright, renewal and termination of grants Typical fees And much more Every chapter of Kohn on Music Licensing has been completely updated in this expanded Fourth Edition. New topics include: New mechanical license fee regimes, including rates for ringtones and on-demand streaming for U.S., Canada, and U.K. New webcasting rates in the U.S., Canada, and U.K. All new chapter on User Generated Content and the new YouTube agreements. Print License chapter now discusses terms for digital print, digital guitar tabs, etc. Synch License chapter now covers terms for downloading and streaming of video International sub-publishing chapter now explains the rec

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Congress is considering legislation that would expand copyright protection for sound recordings. In particular, the proposed Performance Rights Act would eliminate an exemption that currently allows analog, non-subscription AM and FM radio to broadcast a sound recording without acquiring permission from and paying a royalty to the copyright holder, performers, and musicians. This report reviewed: (1) the current economic challenges facing the recording and broadcast radio industries; (2) the benefits both industries receive from their current relationship; (3) the potential effects of the proposed act on the broadcast radio industry; and (4) the potential effects of the proposed act on the recording industry. Charts and tables.