Archive for the ‘LEGAL STUFF’ Category

When a music CD is inserted in a computer connected to the internet, the media player application (like Itunes and Windows Media Player) goes online and retrieves the album, artist, track information, and even album cover from a central database. Different media players use different databases – Itunes uses Gracenote. Windows Media Player uses AMG.

 
The Arts Council presents it’s latest webinar, this time on Trademark. Join ELLA Project Co-Founder and Supervising Attorney Ashlye Keaton as she discusses the differences between copyright and trademark, in what circumstances you need a trademark, how to attain one, and answers your questions.

This webinar will go live at 6:00 p.m. on Wednesday, August 26th Participants need a Flash enabled computer, speakers, and a high speed connection. Participants will be able to interact through live chat, and submit their questions to be answered in real time. If you can’t join us on the 26th the whole presentation, including audio, will be available for free streaming on demand from the Arts Council’s website.

It is ILLEGAL to use the logo unless you are a member of the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), the Software & Information Industry Association (SIIA), the Business Software Alliance (BSA) and the Entertainment Software Association (ESA), subject to each member entering into a formal Uniform Authorization Agreement. Association members should contact the MPAA, RIAA, SIIA, BSA, or ESA for more information. Unauthorized use of the FBI seal, name, and initials are subject to prosecution under Federal Criminal law, including Sections 701, 709, and 712 of Title 18 of the United States Code.

Copyright Infringement Comparison to Theft. Wikipedia.

A nice article written by someone from the Harry Fox agency describing the basic concepts pretty well.

To learn more about digital download licenses

If you know the copyright owner personally (a friend of yours, for example), you can write up a basic mechanical license between you and sign.

http://www.copyright.gov/circs/circ22.pdf (Copyright Office circular 22)

Contact Gene at the Arts Council for more information. 504-523-1465

Crescent Music Services requires a FULL PAYMENT UPFRONT. Returned checks are subject to a $25 service charge per check plus any applicable collection charges. Crescent Music Services shall have a lien on all client’s materials until full payment for any due or outstanding account is received. Only MISSISSIPPI residents add sales 7% tax. Crescent Music Services must have a photocopy of your signed tax exemption certificate to be nontaxable. Full payment in advance required for drop shipment. Full payment required to release product. Client agrees to pay all invoices within the stated terms and to pay service charges on amounts paid after invoice due dates at a rate of 1.5% per month starting 30 days after date of invoice. In the event suit is instituted to collect amounts owing to Crescent Music Services and a judgment is rendered in Crescent Music Services’ favor, Client agrees to pay court costs and attorney fees.

Sampling Clearances

Samples are pieces of another sound recording reused like an instrument or sound effect. If you have any samples on your record, you need to obtain clearances from the publisher of the composition being sampled AND, separately, the record label that owns the master being sampled. Do this as early as possible, because sometimes they will refuse to issue a license, or the licensing fee may not be affordable (they can get expensive).

“Work for Hire” Agreements

Most session players, engineers, designers, etc. operate on a “work for hire” status. This means they retain no claims on future royalties or ownership rights to their work.

Your copyright is the deed to your music.

www.soundexchange.com

They’re like BMI and ASCAP except they collect and distribute digital royalties for performances on digital cable and satellite television music, internet and satellite radio. If you’ve played on an album or own master rights, REGISTER TODAY (Free) and see if you have some money coming to you.

Remember to register your own CD with Sound Exchange. File “title registration” forms for each of your original songs appearing on the record so they can pay you for any radio airplay.

—[ebook]

Performing Rights organizations such as BMI and ASCAP (SOCAN in Canada) collect and pay out the royalties for music used on radio, TV, film and live performances.

Do not assume that an old piece of music is in the public domain and not subject to copyright.

Recording someone else’s song (Covers).

The compact disc logo is actually owned by Philips Electronics N.V. The DVD logo is controlled by the DVD Format/Logo Licensing Corporation of Japan.You do not have to include disc logos on your artwork if you do not want to. If you do include the logos, then you must follow the rules regarding size, shape and color. Logos must remain Black and White – do not color the logo

The shape must remain unaltered – scale the logo with constrained proportions (width and height scales + / – equally)

Click here to download: IPR form (94)

Instructions included on page 2 in file.

This form is an interactive PDF, which means you can save it to your computer, fill it out, save it, print it. You will need Acrobat Reader 8 or higher. Reader can be downloaded for FREE at  http://www.adobe.com.  

Completing the Fillable Form

• Download the form using the link above. Your web browser may be configured with an Acrobat plug-in to automatically open the file within your browsers window upon download. To download the file directly to your computer or to a disk, right click on the link, then select “save link as” or “save target as” from the dropdown options. Make a note of the location on your drive and the name of the file being saved so you can locate it later.

DON’T USE ANYTHING YOU DON’T HAVE PERMISSION OR LICENSING FOR.