Music Licensing (LAW-795EF-001)
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This course will cover multiple aspects of music licensing including: (1) Who’s who in the “music” licensing eco-system: songwriters, music publishers, performers (featured and non-featured), engineers, producers, record labels, collecting rights societies (ASCAP, BMI, SESAC, SoundExchange), music streaming services (Spotify, Pandora etc.) and download services (iTunes), upload sites (YouTube), and consumers (UGC, fan sites etc.) (2) A detailed examination of the exclusive rights of copyright – “works” versus “sound recordings” and a review of “statutory licenses” – 17 U.S.C. § 106 (works), and, for sound recordings §§ 106(6), 112, 114 and 115, including an analysis of public performance issues. (3) Basics of Licensing and Payment Schemes (4) PROs: Consent decrees – direct licensing (digital), USG (Department of Justice) review and court treatment and much more.
Textbooks and Other Materials
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1) The copyright statute (annotated) can be found online at the U.S. Copyright Office website; the international treaty materials are available on the World Intellectual Property Organization (WIPO) website and the World Trade Organization (WTO) website.
Treaty reading: Berne Convention (Articles 1 through 14, and 18); WTO TRIPS Agreement (Articles 9 through 13); WIPO Performances and Phonograms Treaty (all). [Approximately 35 pages total]
2) Music licensing reading:
a. Kohn on Music Licensing (4th edition), Al Kohn and Bob Kohn [Selected portions – approximately 50 pages]
b. This Business of Music: The Definitive Guide to the Music Industry (10 edition), M. William Krasilovsky and Sidney Shemel [Selected portions – approximately 75 pages]
c. All You Need to Know About the Music Business, Donald Passman (9th edition)
First Class Readings
Not available at this time.
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