How to Share Music in Many Complicated Steps
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HOW TO SHARE MUSIC IN MANY COMPLICATED STEPS Songwriter Gives permission to Music Publisher Gives permission to use song in film or tv use song in Accepts transferred copyright in dramatic work SYNCHRONIZATION exchange for paying royalties RIGHTS GRAND RIGHTS Contracts with: Mechanical Rights Company Performing Rights Society (ie: Harry Fox Agency) (ie: ASCAP, BMI) Control permission to make and License use of the recording for radio, distribute the recording of a song store background, ringtones, etc PERFORMANCE RIGHTS MECHANICAL RIGHTS OR the song itself to sing in public SMALL RIGHTS Recording Company (ie: Arista Records) Gives permission to Create original “professional” use recording in film recording or single or album or tv Gets permission to make album MASTER USE RIGHTS –pays royalty for album sales -makes available to performing rights society HOW TO SHARE MUSIC IN MANY COMPLICATED STEPS Definitions Synchronization Rights: The right to use the music in timed relations with other visual elements in a film, video, television show/commercial, or other audio/visual production. In other words, the right to use the music as a soundtrack with visual images. Synchronization licenses are obtained from the publisher (or composer if no publisher) or the music library. Master Use Rights: When you hear music in a film or on TV, this recording is known in the music industry as the "master recording". This is what is produced after all the musicians have played their parts and these parts have been "mixed" together for release. The recording of the master is also protected by copyright. A record label or music library owns this copyright, and can grant the right to use the recording in a compilation album, film soundtrack or other Audio/Visual medium. It grants the right to use the sound recording. Performance Rights: Public Performance Right is the exclusive right the U.S. Copyright Law gives to the creator of a musical work or other copyrighted material authorizing the use in public. Every time a song is performed on a broadcast, there is a public performance. This public performance is licensed by performing rights organizations (BMI/ASCAP/etc.) or directly from the copyright holder as a direct license. Mechanical Rights: License granting the right to record and release a specific composition at an agreed- upon fee per unit manufactured and sold. Right to use a song owned by someone else on a recording Grand Rights: Term used to describe "dramatic" performing rights. This would include musical comedies (Broadway and off-Broadway), operas, operettas, ballets, as well as renditions of musical compositions in a dramatic setting where there is narration, a plot and/or costumes and scenery. The copyright owner has the exclusive right to issue licenses and collect fees for grand rights. Performance Rights Organizations do not collect performing rights royalties for this use, and are licensed directly from either the composer or publisher. Small Rights: License to perform a single song live. Also covers live performance of a select group of songs from an album or other large musical work where the overall theme takes the form of a medley, collection, or other broad concert style that draws on multiple artists or works and does not present the works in another dramatic context. .