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Entries in Copyright (26)

Tuesday
Mar262019

Could Strict Copyright Laws Stifle Creativity And Discourage Originality?

Back in March of 2015, Pharrell Williams claimed that the Blurred Lines copyright lawsuit will stifle creativity. Speaking for the first time since a jury determined that he and Robin Thicke copied Marvin Gaye’s ‘Got to give it up’. He explained: “The verdict handicaps any creator out there who is making something hat might be inspired by something else. This applies to fashion, music design…anything. If we lose our freedom to be inspired, we’re going to look up one day and the entertainment industry as we know it will be frozen in litigation. This is about protecting the intellectual rights of people who have ideas.”

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Tuesday
Jan292019

Registering Your Band Name, Phrase Or Logo

Are you a musician? Do you need to protect your band name or logo from counterfeit sellers on ecommerce platforms? In order to obtain nationwide protection, you should register your band name, phrase or logo with the United States Patent and Trademark Office.

The registration process is relatively straight forward but can be time consuming. Generally, it takes approximately six months to a year before the trademark is registered.

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Wednesday
Dec122018

Tribute Bands - Are They Legal?

Look through your local gig listings and chances are you’ll find as many tribute bands and singers as there are original acts. Their popularity continues to grow and not just in smaller venues. Some are able to fill the largest sites like Wembley Arena and the O2. The Australian Pink Floyd, Led Zeppelin Experience, Bootleg Beatles and Hollywood U2 are examples of successful tribute bands that have performed thousands of shows across the globe, year after year. These acts have earned their success by replicating the original band’s music to a very high standard, as well as providing an exciting visual performance alongside the sonic conventions. 

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Friday
Oct262018

The Enigma Of Securing Your Copyrights In China

Once upon a time pirates ran rampant in China, today the pirates have turned into paying customers. The protection of copyrights are good for business as the wealth in China grows companies are more concerned about security as it is the main incentive for investment. This is written in the history of other wealthy Asian countries such as Japan and Korea. The dubious probability for creators to secure royalties from China is also history. 

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Thursday
Sep202018

Music Copyright Law And The Consumer: Understanding The Basics

When enacted, it serves to prevent the illegal sharing, misuse or distribution of that content through unauthorized mediums. But, what does that mean exactly and what or who does it cover? Let’s take a deeper look.

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Thursday
Jan252018

Urgent Warning!: Time Is Running Out For Artists & Writers To Exercise Their Termination Rights Under U.S. Copyright Law

 1976 Copyright Act provides for the termination of copyright transfers – but authors need to act within a limited timeframe. Creators are entitled to reclaim their copyrights regardless of any contract stating otherwise after certain time periods. Therefore, even if an author, artist, musician, photographer or songwriter signed a contract which purports to transfer all rights in a work for perpetuity, the Copyright Act provides that the author of the work can terminate that grant and demand that the rights revert. Authors and creators are now entitled to terminate their contractual transfers and demand back control of their copyrights; authors can terminate their book publishing contracts, songwriters can demand return of their musical compositions from music publishers and recording artists and record producers can demand return of their sound recordings from the record companies.

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Friday
Jun102016

BEWARE: Recent Decision In CBS Lawsuit Over Pre-1972 Sound Recording Could Wreak Havoc In The Copyright World

The recording artist and songwriter communities should take note of a recent decision in ABS Entertainment, Inc. v. CBS Corporation, et al., a case concerning pre-1972 copyrights - and raise an outcry! The Judge in this case held that remastered versions of old songs are entitled to a new copyright and owners of the originals are not allowed to stop the public performance of them.

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Monday
Feb082016

Legal Issues With Songwriter Collaborations

Under the US copyright law, an author or creator owns a copyright in his or her work the moment it is “fixed in a tangible medium” (i.e., the moment the expression of an idea is written down or recorded in some manner). When it comes to the recorded music business there are two primary copyrights of interest: one in the musical composition or song; another in the sound recording of that song. A copyright extends for the life of an author plus 70 years, and in the case of collaborators on a copyright it extends for the life of the last surviving collaborator plus 70 years.

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Tuesday
Dec292015

5 Things You Need To Know About The Business Of Music And Songwriting

Everyone harbors a dream to become a rock star at some point in his or her life. It is easy to get caught up in fantasies of flying all over the world and living a lavish lifestyle. These fantasies do not always include the songwriting and recording processes, which are arguably the most important aspects of a career in music. Here are some things you should know about these parts of the music industry.

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Tuesday
Oct272015

SoundExchange Explained

SoundExchange is an independent nonprofit organization that is dedicated to collect and distribute royalties resulting from digital performance rights of sound recordings. When it was created in 2000, this organization was a division of the RIAA but in 2003 it became an independent organization, currently representing the interests of more than 110,000 artists and copyright owners. As reported by SoundExchange, they have already successfully paid nearly $3 billion since they first started doing business.

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Tuesday
Aug252015

The Importance Of Creating A Paper Trail When Submitting Your Work

When pitching a project, whether a TV program or game show concept, a video game idea, a proposal for a book or magazine article or circulating a demo of your song, it is a good idea to file a copyright registration on it before making it public. It is also important to create a paper trail in order to keep track of where and to whom your work is submitted. In the event that you someday decide that someone stole your work or “infringed” your copyright you will need to prove two things in order to win a copyright infringement lawsuit: (1) access to your work and (2) substantial similarity between your work and the allegedly infringing work.

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Friday
Oct112013

Legal Landmine: Playing Music at Your Business

Music offers the perfect audio backdrop for any store or business waiting room, either relaxing anxious customers or injecting energy into the lifeless. The right type of music can set the stage for the ideal purchasing attitude. However, music in the business world can be a bit of a legal landmine, with many seemingly innocent companies finding themselves guilty of stealing licensed tracks. Keep the following in mind as you navigate the complicated world of business and music

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Thursday
Apr252013

Red Bull DIDN'T steal my music. More important lessons for indie artists.

This is a follow up post to my post “Red Bull stole my music! 3 important lessons for independent artists.” which you can read here - http://www.musicthinktank.com/blog/red-bull-stole-my-music-3-important-lessons-for-indie-artist.html
 
I’ll start this off by stating that it turns out Red Bull didn’t steal my music and did nothing illegal as I first thought. I’ll explain how it all happened in the following post and try and highlight more important lessons I’ve learned from all this. 
 
After I wrote the post I started to share it as I still hadn’t heard anything from Red Bull about the issue and it actually spread much faster and further than I thought it ever would. Blogs like Groove Loves Melody helped spread it and then Reverbnation picked it up, tweeting it a few times and that’s when it really started moving. 

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Monday
Apr152013

Red Bull stole my music! 3 important lessons for indie artists. 

It was towards the end of a long, cold, 2 month tour around Europe promoting my new album, just about to head to Portugal to finish off and enjoy a bit of sun. I got an email from a fan in Switzerland saying something like “Hey, check out this video, it’s pretty cool but the best part is the music ;-)” 

I clicked the link and it lead me to a video on Eurosport/Yahoo Europe. The video was by Red Bull and was of a guy called Daniel Bodin doing an amazing 220ft jump on a snowmobile, from an Olympic ski ramp. The music behind it was my song “What Am I?” from my second album “The Rooftop Recordings.”

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