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Kohn on Music Licensing, Fourth Edition

Kohn on Music Licensing, Fourth Edition

By Al Kohn, Bob Kohn
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Overview

Whether you are a music publisher or songwriter looking to maximize the value of your music catalog, or a producer, ad agency, or internet music service seeking to clear music rights for products, performances, and other uses, the new Fourth Edition of Kohn On Music Licensing offers you comprehensive and authoritative guidance.

Written by experts with over 70 years of combined hands-on experience, this one-of-a-kind resource takes you through the various music licensing processes, type-by-type and step-by-step. In clear, coherent language, they provide detailed explanations of the many kinds of music licenses, identify the critical issues addressed in each, and offer valuable strategy and guidance to both rights owners and prospective licensees.

Kohn on Music Licensing, Fourth Edition:

  • Walks the reader through the history of the music publishing business, from Tin Pan Alley to the user-generated content phenomena of the present.
  • Dissects the songwriter agreement, providing the reader with a clause-by-clause analysis and offering the best negotiating strategies to achieve the best possible outcome for their clients.
  • Guides the reader through the complexities of co-publishing agreements, administration agreements, and international subpublishing agreements, with a report on the rapidly changing music licensing landscape in Europe.
  • Takes on the intricacies of licensing music in sound recordings, from the traditional CD format to the newer delivery methods, including downloads, streams, ringtones and ringbacks—including the rates and terms used in the U.S., Canada and the United Kingdom.
  • Confronts the pitfalls of licensing music for audiovisual works (synchronization licenses) using history as a guide, from the early talkies through streaming internet content.
  • Explores new media and its impact on the licensing process. Technological developments have forced the industry to rethink licenses when dealing with videogames, computer software, karaoke, and digital print (including downloadable sheet music, lyric database websites, and digital guitar tabs..
  • Sizes up the digital sampling controversy and offers up suggestions for negotiating licenses for digital samples.
  • Explores the ever-evolving concept of Fair Use and its application to the music industry.
  • Provides the reader with a look at the landscape of licensing fees, including “going rates” for synch, print, radio & TV advertising, new media, and other licenses, to assist in negotiating the best rates for their clients.

Proven tips and suggestions, along with the most up-to-date analysis, are given for the technical aspects of music licensing, from the perspective of both the rights owners and prospective licensees, including

  • How to "clear" a license
  • Advice on maximizing the value of your music copyrights
  • Formalities of licensing
  • Duration of copyright, renewal and termination of grants
  • Typical fees
  • And much more

Every chapter of Kohn on Music Licensing has been completely updated in this expanded Fourth Edition. New topics include:

  • New mechanical license fee regimes, including rates for ringtones and on-demand streaming for U.S., Canada, and U.K.
  • New webcasting rates in the U.S., Canada, and U.K.
  • All new chapter on User Generated Content and the new YouTube agreements.
  • Print License chapter now discusses terms for digital print, digital guitar tabs, etc.
  • Synch License chapter now covers terms for downloading and streaming of video
  • International sub-publishing chapter now explains the rec
Last Updated 12/21/2009
Update Frequency Updated periodically
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9780735590908
SKU 10046463-0001
Table of Contents

Chapter 1. INTRODUCTION: THE MUSIC BUSINESS -- ITS PAST AND FUTURE

  • I. THE WAY WE WERE
  • II. HISTORY REPEATS ITSELF
  • III. WHAT THE WORLD NEEDS NOW IV. FUTURE OF LICENSING MUSIC ON THE INTERNET

Chapter 2. THE ART OF MUSIC PUBLISHING

  • I. HISTORICAL BACKGROUND
  • II. MUSIC PUBLISHING TODAY
  • III. SOURCES OF MUSIC PUBLISHING INCOME
  • IV. DISTRIBUTION OF MUSIC PUBLISHING INCOME
  • V. ORGANIZATION OF THE MUSIC PUBLISHER
  • VI. HOW TO ESTABLISH A MUSIC PUBLISHING COMPANY
  • VII. THE FUTURE OF MUSIC PUBLISHING

Chapter 3. SONGWRITING AGREEMENTS

  • I. SELECTING A MUSIC PUBLISHER
  • II. NEGOTIATING THE SONGWRITER/ PUBLISHER RELATIONSHIP
  • III. NEGOTIATING THE SINGLE SONG MUSIC PUBLISHING AGREEMENT
  • IV. NEGOTIATING THE EXCLUSIVE TERM SONGWRITER AGREEMENT
  • V. COLLABORATORS
  • ;VI. SUMMARY

Chapter 4. CO-PUBLISHING AND ADMINISTRATION

  • I. CO-PUBLISHING AGREEMENTS
  • II. ADMINISTRATION AGREEMENTS
  • III. COLLECTION AGREEMENT

Chapter 5. INTERNATIONAL SUBPUBLISHING

  • I. BUSINESS BACKGROUND
  • II. SELECTING A SUBPUBLISHER
  • III. NEGOTIATING THE SUBPUBLISHING AGREEMENT
  • IV. WORKING WITH YOUR SUBPUBLISHER

Chapter 6. THE SPLIT COPYRIGHT SYNDROME

  • I. LEGAL BACKGROUND
  • II. THE PROBLEM — AN ILLUSTRATIVE EXAMPLE
  • III. THE MUSIC CLEARANCE INDUSTRY— A PARTIAL SOLUTION
  • IV. TIP ON CLEARING LICENSES FROM MULTIPLE CO-OWNERS
  • V. COMMENT ON PRUDENT COPYRIGHT ADMINISTRATION
  • VI. CURING THE SPLIT COPYRIGHT SYNDROME
  • VII. THE FINAL SOLUTION — COMPULSORY LICENSE?
  • VIII. CONCLUSION

Chapter 7. THE LANGUAGE OF MUSIC LICENSING

  • I. MUSIC AS PROPERTY
  • II. COPYRIGHT
  • III. RIGHT VERSUS LICENSE
  • IV. OWNERSHIP OF MUSIC
  • V. WORKS MADE FOR HIRE
  • VI. JOINT OWNERSHIP OF MUSIC
  • VII. NON-OWNERSHIP OF MUSIC — THE PUBLIC DOMAIN
  • VIII. DERIVING INCOME FROM MUSIC
  • IX. TYPES OF LICENSES FOR MUSIC
  • X. DIFFERENCES IN THE RIGHTS AND PRIVILEGES OF HOLDERS OF EXCLUSIVE RIGHTS AND NON-EXCLUSIVE LICENSES
  • XI. AVOIDING CONFUSION — EXCLUSIVE RIGHT VERSUS NON- EXCLUSIVE LICENSE
  • XII. AVOIDING CONFUSION — UNDERSTANDING OWNERSHIP OF THE ‘‘UNDIVIDED’’ COPYRIGHT
  • XIII. AVOIDING CONFUSION — SELLING, ASSIGNING, GRANTING, AND LICENSING
  • XIV. THE LANGUAGE OF THE ART

Chapter 8. FORMALITIES OF MUSIC LICENSING

  • I. FORMALITIES OF ASSIGNMENT
  • II. FORMALITIES OF LICENSING
  • III. GET IT IN WRITING
  • IV. LETTER FORM VERSUS CONTRACT FORM
  • V. REFERENCE TO THE PARTIES
  • VI. STANDARD TERMS AND CONDITIONS
  • VII. FORMS USED IN THIS BOOK

Chapter 9. DURATION OF COPYRIGHT ASSIGNMENTS OF COPYRIGHT, AND LICENSES

  • I. INTRODUCTION
  • II. DURATION OF COPYRIGHT
  • III. RENEWAL OF COPYRIGHT
  • IV. DURATION OF ASSIGNMENTS OF COPYRIGHT
  • V. DURATION OF AN ASSIGNMENT OF RENEWAL COPYRIGHT
  • VI. DURATION OFLICENSES
  • VII. AFTER LIFE

Chapter 10. BASIC CONSIDERATIONS IN MUSIC LICENSING

  • I. BASIC MUSIC LICENSING FACTORS
  • II. COMMON TERMS AND CONDITIONS REGARDING FEES AND PAYMENT
  • III. COMMONLY USED BOILERPLATE TERMS AND CONDITIONS
  • IV. AFFILIATED COMPANY PROBLEM
  • V. GENERAL ADVICE TO MUSIC COPYRIGHT OWNER — ALWAYS ENCOURAGE ACTIVITY IN THE SONG
  • VI. GENERAL ADVICE TO PERSONS SEEKING TO CLEAR LICENSES — FULLY DISCLOSE ALL THE USES YOU MIGHT CONCEIVABLY MAKE OF THE MUSIC

Chapter 11. THE ART OF GRANTING AND CLEARING MUSIC

  • I. THE ART OF GRANTING LICENSES
  • II. THE ART OF CLEARING LICENSES
  • III. SUMMARY

Chapter 12. LICENSING MUSIC IN PRINT AND DIGITAL PRINT

  • I. HISTORICAL BACKGROUND
  • II. TYPES OF PRINTED MUSIC
  • III. TYPES OF DIGITAL PRINT IV. PREPARATION AND DISTRIBUTION OF PRINTED MUSIC
  • IV. LEGAL BACKGROUND
  • IV. CONSIDERATIONS IN GRANTING EXCLUSIVE PRINT RIGHTS
  • V. CONSIDERATIONS IN GRANTING PHYSICAL PRINT LICENSES
  • VI. CONSIDERATIONS IN GRANTING DIGITAL PRINT LICENSES
  • VII. CONSIDERATIONS IN GRANTING RENTAL FEES FOR PERFORMANCE MATERIALS
  • VII. CONCLUSION

Chapter 13. LICENSING MUSIC IN SOUND RECORDINGS

  • I. HISTORICAL BACKGROUND
  • II. LEGAL BACKGROUND
  • III. CONSIDERATIONS IN GRANTING AND CLEARING MECHANICAL LICENSES IN THE U.S.
  • IV. ANALYSIS OF STANDARD U.S. MECHANICAL LICENSE TERMS
  • V. CLEARING THE MECHANICAL LICENSE IN THE U.S.
  • VI. MECHANICAL RIGHTS AGENCIES IN THE U.S.
  • VII. INTERNATIONAL MECHANICAL RIGHTS ADMINISTRATION

Chapter 14. LICENSING MUSIC IN BACKGROUND MUSIC SERVICES, DIGITAL JUKEBOXES, AND OTHER COMMERCIAL REPRODUCTIONS (ELECTRICAL TRANSCRIPTION LICENSES)

  • I. DISTINCTION BETWEEN MECHANICAL LICENSES AND ELECTRICAL TRANSCRIPTION LICENSES
  • II. TYPES OF ELECTRICAL TRANSCRIPTIONS
  • III. CONSIDERATIONS IN GRANTING AND CLEARING ELECTRICAL TRANSCRIPTION LICENSES
  • IV. TYPICAL LICENSE FEES FOR ELECTRICAL TRANSCRIPTION LICENSES
  • V. RIGHTS AGENCIES

Chapter 15. LICENSING MUSIC IN AUDIOVISUAL WORKS (SYNCHRONIZATION LICENSES FOR THEATRICAL FILMS, TELEVISION PROGRAMS, MUSIC VIDEOS , ETC.)

  • I. HISTORICAL BACKGROUND
  • II. CONSIDERATIONS IN GRANTING AND CLEARING SYNCHRONIZATION LICENSES
  • III. THEATRICAL MOTION PICTURE TRAILERS
  • IV. PROMOTIONAL MUSIC VIDEOS
  • V. NON-THEATRICAL BUSINESS VIDEO PROGRAMS
  • VI. HOME VIDEO DEVICES
  • VII. INTERNET VIDEO STREAMING
  • VIII. INTERNET VIDEO DOWNLOADING
  • IX. USER GENERATED CONTENT
  • X. CLEARING THE SYNCHRONIZATION LICENSE
  • XI. TYPICAL FEES FOR THE SYNCHRONIZATION LICENSE
  • XII. CONCLUSION

Chapter 16. THE USER-GENERATED CONTENT PHENOMENON

  • I. INTRODUCTION
  • II. LEGAL BACKGROUND
  • III. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR USE OF MUSIC IN USER GENERATED CONTENT—BY YOUTUBE
  • IV. SUMMARY OF YOUTUBE LICENSE TERMS
  • V. CONCLUSION

Chapter 17. OLD LICENSES, NEW USES

  • I. TYPES OF OLD SYNCHRONIZATION LICENSES
  • II. DETERMINING THE SCOPE OF AMBIGUOUS LICENSES — A SUGGESTED APPROACHIII. AVOIDING AMBIGUITY

Chapter 18. LICENSING MUSIC IN LIVE AND RECORDED PUBLIC PERFORMANCES

  • I. HISTORICAL BACKGROUND
  • II. LEGAL BACKGROUND
  • III. PERFORMANCE RIGHTS SOCIETIES TODAY
  • IV. PERFORMANCE LICENSE GRANTS TO PERFORMANCE RIGHTS SOCIETIES
  • V. CONSIDERATIONS IN GRANTING AND CLEARING PERFORMANCE LICENSES
  • VI. COLLECTION OF PERFORMANCE ROYALTIES FROM MUSIC USERS
  • VII. DISTRIBUTION OF PERFORMANCE ROYALTIES TO PUBLISHER AND WRITER MEMBERS

Chapter 19. THE GRAND RIGHTS CONTROVERSY

  • I. OVERVIEW OF THEATRICAL MUSICAL PRODUCTIONS
  • II. OVERVIEW OF NON-THEATRICAL PRODUCTIONS
  • III. LEGAL BACKGROUND
  • IV. DISTINGUISHING BETWEEN DRAMATIC RIGHTS, NONDRAMATIC RIGHTS AND GRAND RIGHTS
  • V. GRAND RIGHTS DISTINGUISHED FROM DRAMATIC RIGHTS
  • VI. ANALYSIS OF VARIOUS DRAMATIC AND NONDRAMATIC USES OF MUSIC
  • VII. RECENT COURT CASES
  • VIII. GRAND RIGHT IN A PERSON’S LIFE STORY?
  • IX. BROADCAST OF AN ENTIRE ALBUM
  • X. THEME PARK RIDES AND ATTRACTIONS XI. DRAMATIC ADAPTATION RIGHTS
  • XI. DETERMINING WHO HAS THE RIGHT TO LICENSE THESE USES
  • XII. LICENSING CONSIDERATIONS
  • XIII. RECOMMENDATIONS AND SUMMARY

Chapter 20. LICENSING MUSIC IN TELEVISION, RADIO, PRINT, AND INTERNET ADVERTISING

  • I. INDUSTRY BACKGROUND
  • II. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES TO USE MUSIC IN ADVERTISING
  • III. PRINT ADVERTISING IV. CONCLUSION

Chapter 21. LICENSES FOR MUSIC BOXES, CONSUMER MUSICAL PRODUCTS AND OTHER MERCHANDISE

  • I. BACKGROUND
  • II. CONSIDERATIONS IN GRANTING AND CLEARING MUSICAL PRODUCT LICENSES
  • III. PRINTING OF MUSIC OR LYRICS

Chapter 22. LICENSING MUSIC IN VIDEOGAMES AND OTHER NEW MEDIA AND MULTIMEDIA DEVICES AND ONLINE VERSIONS

  • I. TECHNOLOGICAL DEVELOPMENTS
  • II. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR DEVICES CONTAINING MULTIMEDIA PROGRAMS—IN GENERAL
  • III. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR USE OF EXISTING MUSIC IN VIDEOGAMES
  • IV. CONSIDERATIONS IN ENTERING INTO COMPOSER AGREEMENTS FOR THE USE OF MUSIC IN VIDEOGAMES
  • V. ADDITIONAL CONSIDERATIONS IN CLEARING LICENSES FOR MULTIMEDIA AND NEW MEDIA PRODUCTS

Chapter 23. LICENSING OF SOUND RECORDINGS

  • I. CREATING SOUND RECORDINGS
  • II. FINANCING AND DISTRIBUTING SOUND RECORDINGS
  • III. SOURCES OF RECORD COMPANY REVENUES IV. LEGAL BACKGROUND
  • V. CONSIDERATIONS IN GRANTING LICENSES FOR THE USE OF SOUND RECORDINGS
  • VI. CONCLUSION

Chapter 24. THE DIGITAL SAMPLING CONTROVERSY

  • I. TECHNICAL BACKGROUND
  • II. RECENT RECORDING PRACTICES
  • III. LEGAL BACKGROUND
  • IV. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR DIGITAL SAMPLES
  • V. CONCLUSION

Chapter 25. THE FAIR USE CONTROVERSY

  • I. LEGAL BACKGROUND
  • II. FAIR USE IN MUSIC LICENSING

Chapter 26. TYPICAL LICENSE FEES

  • I. OVERVIEW
  • II. PRINT AND DIGITAL PRINT LICENSE FEES
  • III. MECHANICAL LICENSE FEES
  • IV. ELECTRICAL TRANSCRIPTION FEES
  • V. SYNCHRONIZATION FEES
  • VI. COMMERCIAL ADVERTISING LICENSE FEES
  • VII. MUSIC BOXES AND COMMERCIAL PRODUCT LICENSE
  • VIII. VIDEOGAMES, COMPUTER SOFTWARE, MULTIMEDIA
  • IX. NEEDLEDROP OR PRODUCTION MUSIC LIBRARY
  • X. LIVING STAGE PERFORMANCE FEES
  • XI. THEME PARK LICENSE FEES
  • XII. DIGITAL SAMPLING LICENSE FEES

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