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Musical composition can refer to an original piece or work of music, either vocal or instrumental, the structure of a musical piece or to the process of creating or writing a new piece of music. People who create new compositions are called composers. Composers of primarily songs are usually called songwriters; with songs, the person who writes lyrics for a song is the lyricist. In many cultures, including Western classical music, the act of composing typically includes the creation of music notation, such as a sheet music "score", which is then performed by the composer or by other musicians. In popular music and traditional music, songwriting may involve the creation of a basic outline of the song, called the lead sheet, which sets out the melody, lyrics and chord progression. In classical music, orchestration is typically done by the composer, but in musical theatre and in pop music, songwriters may hire an arranger to do the orchestration. In some cases, a pop or traditional songwriter may not use written notation at all and instead compose the song in their mind and then play, sing or record it from memory. In jazz and popular music, notable sound recordings by influential performers are given the weight that written or printed scores play in classical music.
The American Society of Composers, Authors, and Publishers (ASCAP) is an American not-for-profit performance-rights organization (PRO) that collectively licenses the public performance rights of its members' musical works to venues, broadcasters, and digital streaming services.
Copyrights can either be licensed or assigned by the owner of the copyright. A copyright collective is a non-governmental body created by copyright law or private agreement which licenses copyrighted works on behalf of the authors and engages in collective rights management. Copyright societies track all the events and venues where copyrighted works are used and ensure that the copyright holders listed with the society are remunerated for such usage. The copyright society publishes its own tariff scheme on its websites and collects a nominal administrative fee on every transaction.
A performance rights organisation (PRO), also known as a performing rights society, provides intermediary functions, particularly collection of royalties, between copyright holders and parties who wish to use copyrighted works publicly in locations such as shopping and dining venues. Legal consumer purchase of works, such as buying CDs from a music store, confer private performance rights. PROs usually only collect royalties when use of a work is incidental to an organisation's purpose. Royalties for works essential to an organisation's purpose, such as theaters and radio, are usually negotiated directly with the rights holder. The interest of the organisations varies: many have the sole focus of musical works, while others may also encompass works and authors for audiovisual, drama, literature, or the visual arts.
PRS for Music Limited is a British music copyright collective, made up of two collection societies: the Mechanical-Copyright Protection Society (MCPS) and the Performing Right Society (PRS). It undertakes collective rights management for musical works on behalf of its 160,000 members. PRS for Music was formed in 1997 following the MCPS-PRS Alliance. In 2009, PRS and MCPS-PRS Alliance realigned their brands and became PRS for Music.
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation. A royalty interest is the right to collect a stream of future royalty payments.
As with any other idea, the idea for a performing arts production is copyrighted as soon as it is created. In order for any of these works to be performed, the proper licenses must be obtained. The only exception to this rule is with the case of works already in the public domain. This includes, for example, the works of William Shakespeare. Whether a work is in the public domain or not depends on the date it was created. If the work is not in the public domain, a license must be obtained to perform it. In many cases, the license for a Broadway production is called an option.
APRA AMCOS consists of Australasian Performing Right Association (APRA) and Australasian Mechanical Copyright Owners Society (AMCOS), both copyright management organisations or copyright collectives which jointly represent over 100,000 songwriters, composers and music publishers in Australia and New Zealand. The two organisations work together to license public performances and administer performance, communication and reproduction rights on behalf of their members, who are creators of musical works, aiming to ensure fair payments to members and to defend their rights under the Australian Copyright Act (1968).
Music licensing is the licensed use of copyrighted music. Music licensing is intended to ensure that the owners of copyrights on musical works are compensated for certain uses of their work. A purchaser has limited rights to use the work without a separate agreement.
The International Confederation of Societies of Authors and Composers is an international non-governmental, not-for-profit organisation that aims to protect the rights and promote the interests of creators worldwide. It advocates for strong legal protection of copyright and authors' rights. It is the world's largest international network of authors' societies, also known as Collective Management Organisations (CMOs), copyright / royalty collection societies, collecting societies, or Performing Rights Organisations (PROs).
Performing rights are the right to perform music in public. It is part of copyright law and demands payment to the music's composer/lyricist and publisher. Performances are considered "public" if they take place in a public place and the audience is outside of a normal circle of friends and family, including concerts nightclubs, restaurants etc. Public performance also includes broadcast and cable television, radio, and any other transmitted performance of a live song.
Music publishing is the business of creating, producing and distributing printed musical scores, parts, and books in various types of music notation, while ensuring that the composer, songwriter and other creators receive credit and royalties or other payment. This article outlines the early history of the industry.
Public domain music is music to which no exclusive intellectual property rights apply.
A music synchronization license, or "sync" for short, is a music license granted by the holder of the copyright of a particular composition, allowing the licensee to synchronize ("sync") music with some kind of visual media output.
Production music is recorded music that can be licensed to customers for use in film, television, radio and other media. Often, the music is produced and owned by production music libraries.
Music Law refers to legal aspects of the music industry, and certain legal aspects in other sectors of the entertainment industry. The music industry includes record labels, music publishers, merchandisers, the live events sector and of course performers and artists.
Collective rights management is the licensing of copyright and related rights by organisations acting on behalf of rights owners. Collective management organisations (CMOs), sometimes also referred to as collecting societies, typically represent groups of copyright and related rights owners, i.e; authors, performers, publishers, phonogram producers, film producers and other rights holders. At the least, rights holders authorize collective rights management organizations to monitor the use of their works, negotiate licenses with prospective users, document correct right management data and information, collect remuneration for use of copyrighted works, ensuring a fair distribution of such remuneration amongst rightsholders. CMOs also act on legal mandates. Governmental supervision varies across jurisdictions.
Entertainment Software Ass'n v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34, is a landmark Supreme Court of Canada judgement that clarified the nature of and relationship between, the bundle of rights created for copyright owners under section 3(1) of the Copyright Act of Canada. In particular, the Supreme Court considered the relationship between the reproduction and communication rights under the Copyright Act, and applied the principle of technological neutrality to hold that downloading a work engaged only the reproduction right, and not the communication right.
The Korea Music Copyright Association (KOMCA) is a South Korean non-profit copyright collective for musical works, administering public performance and broadcasting rights, and mechanical recording and reproduction rights. Founded in 1964, it is the second collective rights management organization for musical works in Asia, after JASRAC in Japan. It is also one of the largest in Asia, with over 40,000 members. In 2021, it collected ₩289 billion in licensing fees and distributed ₩256 billion in royalties to its members.
References
- 1 2 3 Vees, Jack (2006-11-10). "Deal or No Deal: A Grand Rights Primer". NewMusicBox. Retrieved 2017-11-19.
- ↑ "Strike up the music: Securing song rights for live performances". Reno Gazette Journal. Retrieved 2017-11-19.
- ↑ Ficsor, Mihály (2002). Collective Management of Copyright and Related Rights. WIPO. ISBN 9789280511031.
4. Kohn, Bob (2019), "Kohn on Music Licensing, 5th edition. Chapter 19 "The Grand Rights Controversy"", Kohn on Music Licensing, 5th edition, pp. 1261–1325, ISBN 9781543803860
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