sound recording Archives | Thomas B. James Esq.

Do I need an attorney to help with music and sound recording licensing matters?

It is not mandatory to have an attorney represent you in music and sound recording license matters. You may represent yourself in music and sound recording licensing matters. Music and sound recording regulations, requirements and procedures are detailed and complex, however, so the assistance of a competent attorney can be very beneficial.

Do I need an attorney to help with music and sound recording licensing matters? Read More »

What is a mechanical license?

Tom James

A mechanical license is a license to make and distribute copies of a recording of a musical work.

What is a mechanical license? Read More »

What are statutory licenses?

Tom James

A statutory license is a license to make specified uses of certain kinds of copyrighted works that Congress grants in a statute. The statute may specify the terms of the license, such as a requirement to pay a royalty and the manner of calculating the amount of the royalty that must be paid. Congress has

What are statutory licenses? Read More »

Is analog or other nondigital broadcast or public performance of a sound recording infringement?

Tom James

No. Analog or other nondigital performance of a sound recording does not infringe the copyright in the sound recording. Unlike other kinds of works, the “public performance” right in sound recordings only extends to digital transmissions of a performance of the recording. (This is also known as “livestreaming” the recording.) An analog radio broadcast of

Is analog or other nondigital broadcast or public performance of a sound recording infringement? Read More »

Can a group of works be registered together?

Tom James

Usually, copyrights must be registered individually. Sometimes, though, the copyrights in a group of works may be registered together. Unpublished works Up to 10 unpublished works can be registered together using the U.S. Copyright Office’s Group Registration of Unpublished Works (GRUW ) application. They must all be created by the same author or joint authors,

Can a group of works be registered together? Read More »

What is preregistration and is it necessary?

Tom James

Preregistration is a procedure that may be available in some cases to protect against pre-publication infringement. It is optional. It is not a prerequisite to filing a copyright registration application. To qualify for preregistration, the work must be unpublished and in the process of being prepared for commercial distribution. Preregistration is available only for motion

What is preregistration and is it necessary? Read More »

What exclusive rights does a copyright owner have?

Tom James

The five exclusive rights of copyright ownership are: Reproduction: the right to make a copy of the work Distribution: the right to sell, rent, lease, lend or give copies of the work to the public Public Performance: the right to perform the work publicly, such as a concert, play, broadcast, livestream, etc. Public Display: the

What exclusive rights does a copyright owner have? Read More »

Can one work contain multiple copyrighted works within it?

Tom James

Yes. A compilation may contain multiple copyrighted word within it. Moreover, what appears to be one work may actually comprise multiple works. A copyright in an audiovisual work, for example, may exist for the productions and performances in it. A copyright in the screenplay may also exist. If the screenplay is an adaptation of a

Can one work contain multiple copyrighted works within it? Read More »

What is a derivative work?

Tom James

A derivative work is a work that is based on or incorporates elements from another work. A sequel, a translation, a second edition of a book, a screenplay adaptation of a novel, an arrangement of a song, a video game based on a movie, an illustrated version of a literary work, a drawing of a

What is a derivative work? Read More »

Is a live broadcast of an interview protected by copyright?

Tom James

A live broadcast of an interview is not protected by copyright unless it is fixed in a tangible medium. If it is recorded, then it may qualify for copyright protection as a literary work. It may also be protected if a transcription of it is made and saved to a tangible medium, such as a

Is a live broadcast of an interview protected by copyright? Read More »