Music Law 102

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Music Law 102 Music Law 102 2019 Edition LawPracticeCLE Unlimited All Courses. All Formats. All Year. ABOUT US LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals, and other interested business professionals. New to the playing eld, LawPracticeCLE is a major contender with its oerings of Live Webinars, On-Demand Videos, and In-per- son Seminars. LawPracticeCLE believes in quality education, exceptional customer service, long-lasting relationships, and networking beyond the classroom. We cater to the needs of three divisions within the legal realm: pre-law and law students, paralegals and other support sta, and attorneys. WHY WORK WITH US? At LawPracticeCLE, we partner with experienced attorneys and legal professionals from all over the country to bring hot topics and current content that are relevant in legal practice. 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LawPracticeCLE does not seek approval in Illinois or Virginia, however the necessary documentation to seek CLE credit in such states will be provided to the registrant upon request. ADVERTISING WITH LAWPRACTICECLE At LawPracticeCLE, we not only believe in quality education, but providing as many tools as possible to increase success. LawPracticeCLE has several advertising options to meet your needs. For advertising and co-sponsorship information, please contact the Director of Operations, Jennifer L. Hamm, [email protected]. CHECK US OUT ON SOCIAL MEDIA Facebook: www.facebook.com/LawPracticeCLE lnstagram: www.instagram.com/lawpracticecle Linkedln: www.linkedin.com/company/lawpracticecle Twitter: www.twitter.com/LawPracticeCLE MUSIC LAW 102 CLE Presented by Alandis Brassel, Esq. 1 MUSIC LAW 102 2 COPYRIGHT BASICS 3 PROS 4 ASCAP WRITER AGREEMENTS Writer Member Agreement WARRANTIES AND REPRESENTATIONS MEMBERSHIP AGREEMENT A. I represent that there are no existing assignments or licenses, Agreement made between the Undersigned (for brevity called direct or indirect, of non-dramatic performing rights in my “Owner”) and the AMERICAN SOCIETY OF COMPOSERS, musical works, except to or with the publisher(s). If there are AUTHORS AND PUBLISHERS (for brevity called “Society”), assignments or licenses other than with publishers, I have at- in consideration of the premises and of the mutual covenants tached copies of such assignments or licenses. hereinafter contained, as follows: B. I have read the ASCAP Articles of Association, Compendium of 1. The Owner grants to the Society for the term hereof, the Rules and Regulations, and Second Amended Final Judgment right to license non-dramatic public performances (as here- entered in U.S. v. ASCAP (“AFJ2”), and agree to be bound by inafter defined), of each musical work: them, as now in effect, and as they may be amended, and I agree to execute agreements in such form and for such periods as Of which the Owner is a copyright proprietor; or the Board of Directors shall have required and shall hereafter require for all members. Which the Owner, alone, or jointly, or in collaboration with others, wrote, composed, published, acquired or owned; or C. I represent that I meet the eligibility requirements for member- ship as set forth herein as I have written or co-written a musical work In which the Owner now has any right, title, interest or or song that has been performed publicly in any venue licensable by control whatsoever, in whole or in part; or ASCAP (club, live concert, symphonic concert or recital venue, college or university, etc.), performed in an audio visual or electronic Which hereafter, during the term hereof, may be written, medium (film, website, television program, radio station, etc.), composed, acquired, owned, published or copyrighted by commercially recorded, or published as sheet music, a score, or folio the Owner, alone, jointly or in collaboration with others; or which is available for sale or rental. I understand that ASCAP reserves the right to request substantiation of my eligibility for In which the Owner may hereafter, during the term hereof, ASCAP membership at any time. have any right, title, interest or control, whatsoever, in whole or in part. D. I warrant and represent that all of the information furnished in this application is true. I acknowledge that any agreement The right to license the public performance of every such entered into between ASCAP and me will be in reliance upon musical work shall be deemed granted to the Society by this the representations contained in this application, and that my instrument for the term hereof, immediately upon the work membership will be subject to termination if the information being written, composed, acquired, owned, published or contained in this application is not complete and accurate. copyrighted. The rights hereby granted shall include: (a) All the rights and remedies for enforcing the copyright or copyrights of such musical works, whether such copy- rights are in the name of the Owner and/or others, as well as the right to sue under such copyrights in the name of the Society and/or in the name of the Owner and/or others, to the end that the Society may effectively protect and be assured of all the rights hereby granted. (b) The non-exclusive right of public performance of the separate numbers, songs, fragments or arrangements, mel- 1 250 W. 57th Street • New York, NY 10107 • WWW.ASCAP.COM odies or selections forming part or parts of musical plays performance of a composition shall not be deemed to make and dramatico-musical compositions, the Owner reserving such performances dramatic. and excepting from this grant the right of performance of musical plays and dramatico-musical compositions in their (iii) The definition of the terms dramatic”“ and “non-dra- entirety, or any part of such plays or dramatico-musical matic” performances contained herein are purely for the compositions on the legitimate stage. purposes of this agreement and for the term thereof and shall not be binding upon or prejudicial to any position tak- (c) The non-exclusive right of public performance by means en by either of us subsequent to the term hereof or for any of radio broadcasting, telephony, “wired wireless,” all forms purpose other than this agreement. of synchronism with motion pictures, and/or any method of transmitting sound other than television broadcasting. (e) The Owner may at any time and from time to time, in good faith, restrict the radio or television broadcasting of (d) The non-exclusive right of public performance by televi- compositions from musical comedies, operas, operettas and sion broadcasting;
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