COPYRIGHT

IN YOUR GROUPS COME UP WITH HOW YOU DEFINE THE WORD “COPYRIGHT”?

• COPYRIGHT IS…

• COPYRIGHT IS…

THE RIGHT TO COPY.

• IF I INVENT OR DREAM UP OR CREATE SOMETHING.

• IF I INVENT OR DREAM UP OR CREATE SOMETHING.

• IF I INVENT OR DREAM UP OR CREATE SOMETHING.

• IF I INVENT OR DREAM UP OR CREATE SOMETHING.

• IF I INVENT OR DREAM UP OR CREATE SOMETHING.

ONLY I HAVE THE “RIGHT TO COPY”. IN OTHER WORDS TO MANUFACTURE.

• WHEN IS COPYRIGHT CREATED?

• WHEN IS COPYRIGHT CREATED?

WHEN THE IDEA COMES TO YOU IN A DREAM?

• WHEN IS COPYRIGHT CREATED?

WHEN THE IDEA COMES TO YOU IN A DREAM?

WHEN YOU START HUMMING A TUNE IN YOUR HEAD?

COPYRIGHT IS CREATED AT THE MOMENT IT IS “FIXED” BY THE AUTHOR. IE; WHEN THE PEN LEAVES THE PAPER OR WHEN THE SONG IS RECORDED.

HOW DO I PROTECT MY COPYRIGHT?

HOW DO I PROTECT MY COPYRIGHT?

PRESERVE EVIDENCE THAT COPYRIGHT WAS ‘FIXED’ ON A CERTAIN DATE.

EG; PUT CD IN AN ENVELOPE, WAX SEAL, POST IT TO YOURSELF BY RECORDED DELIVERY. DO NOT OPEN.

BUT WHY IS COPYRIGHT VALUABLE? HOW DOES IT GENERATE MONEY?

BUT WHY IS COPYRIGHT VALUABLE? HOW DOES IT GENERATE MONEY?

IN ORDER TO DEMONSTRATE THIS WE MUST SEPARATE THE RECORDING ARTIST AND THE WRITER.

• MUSIC PUBLISHING

• PRE-DATES THE RECORDING INDUSTRY.

• PRE-DATES THE RECORDING INDUSTRY.

• WOULD PUBLISH AND SELL SHEET MUSIC OF POPULAR SONGS

• PRE-DATES THE RECORDING INDUSTRY.

• WOULD PUBLISH AND SELL SHEET MUSIC OF POPULAR SONGS

• WOULD EMPLOY SONGWRITERS AND “PUBLISH” THEIR SONGS

• THEY WERE ASSIGNED THE “RIGHT TO COPY” BY THE SONGWRITER IN RETURN FOR A ROYALTY (PERCENTAGE) ON EVERY COPY SOLD.

• THEY WERE ASSIGNED THE “RIGHT TO COPY” BY THE SONGWRITER IN RETURN FOR A ROYALTY (PERCENTAGE) ON EVERY COPY SOLD.

• THEN RECORDED MUSIC WAS INVENTED

• THEY WERE ASSIGNED THE “RIGHT TO COPY” BY THE SONGWRITER IN RETURN FOR A ROYALTY (PERCENTAGE) ON EVERY COPY SOLD.

• THEN RECORDED MUSIC WAS INVENTED• A+R FROM THE NEWLY FORMED RECORD

COMPANIES WOULD GO DOWN TO DENMARK STREET AND LOOK FOR SONGS FOR THEIR ARTISTS TO RECORD.

• THEY WERE ASSIGNED THE “RIGHT TO COPY” BY THE SONGWRITER IN RETURN FOR A ROYALTY (PERCENTAGE) ON EVERY COPY SOLD.

• THEN RECORDED MUSIC WAS INVENTED• A+R FROM THE NEWLY FORMED RECORD

COMPANIES WOULD GO DOWN TO DENMARK STREET AND LOOK FOR SONGS FOR THEIR ARTISTS TO RECORD.

• SO THE PUBLISHERS BEGAN TO “ASSIGN” THE COPYRIGHT TO THE RECORD LABELS SO THEY COULD MANUFACTURE RECORDS.

• IN THOSE DAYS THE SONGWRITER AND THE RECORDING ARTIST WERE ALWAYS DISTINCT ENTITIES.

• SO THE PUBLISHERS BEGAN TO “ASSIGN” THE COPYRIGHT TO THE RECORD LABELS SO THEY COULD MANUFACTURE RECORDS.

• IN THOSE DAYS THE SONGWRITER AND THE RECORDING ARTIST WERE ALWAYS DISTINCT ENTITIES.

• UNTIL..

• CONSIDER MOTOWN…

• CONSIDER MOTOWN…• IN-HOUSE BAND, PLAYED AND RECORDED IN

EXCESS OF 150 MULTI MILLION SELLING HIT RECORDS.

• CONSIDER MOTOWN…• IN-HOUSE BAND, PLAYED AND RECORDED IN

EXCESS OF 150 MULTI MILLION SELLING HIT RECORDS.

• CONSIDER MOTOWN…• IN-HOUSE BAND, PLAYED AND RECORDED IN

EXCESS OF 150 MULTI MILLION SELLING HIT RECORDS.

• MOTOWN PAID THE MUSICIANS $50/WEEK.

• CONSIDER MOTOWN…• IN-HOUSE BAND, PLAYED AND RECORDED IN

EXCESS OF 150 MULTI MILLION SELLING HIT RECORDS.

• MOTOWN PAID THE MUSICIANS $50/WEEK.• THE SONGWRITERS ARE MULTI MILLIONAIRES

STILL EARNING MONEY FROM THOSE RECORDS TO THIS DAY.

• HOW DID THEY BECOME MULTI MILLIONAIRES?

• HOW DID THEY BECOME MULTI MILLIONAIRES?

• MOTOWN HAD TO PAY A ROYALTY ON EACH COPY MANUFACTURED TO THE PUBLISHER/SONGWRITER IN RETURN FOR BEING ASSIGNED THE “RIGHT TO COPY”

UK LAW (1988 COPYRIGHTS AND PATENTS ACT)

LEGAL REQUIREMENT FOR RECORD LABELS TO PAY 8.5% OF THEIR DEALER PRICE TO THE ORIGINAL COPYRIGHT OWNER.

• CD ALBUMSDEALER PRICE = £6.50 (RETAIL £9.99)

CD SINGLESDEALER PRICE = £1.40 (RETAIL £1.79)

RECORD LABELS MUST PAY 8.5% TO THE PUBLISHER ON EACH COPY SOLD.

• CASE STUDY

BRIAN HIGGINS

• STUDIED MUSIC TECH AT COLLEGE AND LANDED A JOB AT WARNER BROS AS A STUDIO TECHNICIAN

• STUDIED MUSIC TECH AT COLLEGE AND LANDED A JOB AT WARNER BROS AS A STUDIO TECHNICIAN

• THE CHER “DISPUTE”

• STUDIED MUSIC TECH AT COLLEGE AND LANDED A JOB AT WARNER BROS AS A STUDIO TECHNICIAN

• THE CHER “DISPUTE”• QUITS

• STUDIED MUSIC TECH AT COLLEGE AND LANDED A JOB AT WARNER BROS AS A STUDIO TECHNICIAN

• THE CHER “DISPUTE”• QUITS• STARTS WRITING POP SONGS. QUITE CATCHY!

• GOT SIGNED TO SONY/BMG PUBLISHING AS A SONGWRITER. £20000 ADVANCE TO REPAID (RECOUPED) FROM FUTURE ROYALTIES.

• GOT SIGNED TO SONY/BMG PUBLISHING AS A SONGWRITER. £20000 ADVANCE TO REPAID (RECOUPED) FROM FUTURE ROYALTIES.

• SONY/BMG STARTED TO TOUT THEM ROUND THE LABELS.

• GOT SIGNED TO SONY/BMG PUBLISHING AS A SONGWRITER. £20000 ADVANCE TO REPAID (RECOUPED) FROM FUTURE ROYALTIES.

• SONY/BMG STARTED TO TOUT THEM ROUND THE LABELS.

• BRIAN BUILT A LITTLE STUDIO.

• DEALER PRICE CD SINGLE = £1.40, SO ANY LABEL THAT RELEASES HAS TO PAY SONY/BMG 8.5%=12P

• DEALER PRICE CD SINGLE = £1.40, SO ANY LABEL THAT RELEASES HAS TO PAY SONY/BMG 8.5%=12P

• BUT BECAUSE PUBLISHERS DON’T SPEND LIKE RECORD LABELS (NO RECORDING COSTS, MARKETING, VIDEOS ETC) THEY DO NOT TAKE A LARGE CUT (15%)

• DEALER PRICE CD SINGLE = £1.40, SO ANY LABEL THAT RELEASES HAS TO PAY SONY/BMG 8.5%=12P

• BUT BECAUSE PUBLISHERS DON’T SPEND LIKE RECORD LABELS (NO RECORDING COSTS, MARKETING, VIDEOS ETC) THEY DO NOT TAKE A LARGE CUT (15%)

• BRIAN GETS 10P, SONY/BMG 2P.

• RECORDING ARTISTS HAVE TO RECOUP VERY LARGE COSTS (RECORDING, PROMO, VIDEO, ADVERTISING ETC)

• BRIAN WILL NOT BE PAID ANY MORE MONEY UNTIL HE RECOUPS £20K ADVANCE. 10P PER SINGLE = 200,000 COPIES.

• PAUL ADAM AT POLYDOR• SELECTS ONE OF THE SONGS BRIAN HAS

WRITTEN FOR A NEW GIRL BAND.

• PAUL ADAM AT POLYDOR• SELECTS ONE OF THE SONGS BRIAN HAS

WRITTEN FOR A NEW GIRL BAND.• “SOUND OF THE UNDERGROUND”

• PAUL ADAM AT POLYDOR• SELECTS ONE OF THE SONGS BRIAN HAS

WRITTEN FOR A NEW GIRL BAND.• “SOUND OF THE UNDERGROUND”• GIRLS ALOUD – 12 WEEKS PRIMETIME TV

ADVERTISING. HIGH PROFILE.

• BRIAN HOPED IT WOULD DO WELL, KNOWING FOR EVERY COPY AFTER 200,000 HE WOULD START EARNING.

• BRIAN HOPED IT WOULD DO WELL, KNOWING FOR EVERY COPY AFTER 200,000 HE WOULD START EARNING.

• GIRLS ALOUD HOPED IT WOULD DO WELL TOO.

• BRIAN HOPED IT WOULD DO WELL, KNOWING FOR EVERY COPY AFTER 200,000 HE WOULD START EARNING.

• GIRLS ALOUD HOPED IT WOULD DO WELL TOO.

• BUT HOW MANY COPIES DID THEY NEED TO SELL TO RECOUP, AND START EARNING.

• RECORDING £55K

• RECORDING £55K• RADIO AND TV PROMO £40K

• RECORDING £55K• RADIO AND TV PROMO £40K• PRESS PROMO £15K

• RECORDING £55K• RADIO AND TV PROMO £40K• PRESS PROMO £15K• VIDEO 75K

• RECORDING £55K• RADIO AND TV PROMO £40K• PRESS PROMO £15K• VIDEO 75K• ADVERTISING £100K

• RECORDING £55K• RADIO AND TV PROMO £40K• PRESS PROMO £15K• VIDEO 75K• ADVERTISING £100K• TOTAL SPEND =

• RECORDING £55K• RADIO AND TV PROMO £40K• PRESS PROMO £15K• VIDEO 75K• ADVERTISING £100K• TOTAL SPEND = £285,000

• DEALER PRICE = £1.40• 8.5% TO PUBLISHER = 12P (LEAVES £1.28)

• DEALER PRICE = £1.40• 8.5% TO PUBLISHER = 12P (LEAVES £1.28)• DISTRIBUTION COSTS 20% = 28P (LEAVES

£1.00)

• DEALER PRICE = £1.40• 8.5% TO PUBLISHER = 12P (LEAVES £1.28)• DISTRIBUTION COSTS 20% = 28P (LEAVES

£1.00)• MANUFACTURING = 70P (LEAVES 30P)

• DEALER PRICE = £1.40• 8.5% TO PUBLISHER = 12P (LEAVES £1.28)• DISTRIBUTION COSTS 20% = 28P (LEAVES

£1.00)• MANUFACTURING = 70P (LEAVES 30P)• ARTIST ROYALTY 20% = 6P

• GIRLS ALOUD NEED TO RECOUP £285,000 FROM THEIR ROYALTY OF 6P PER SINGLE.

• GIRLS ALOUD NEED TO RECOUP £285,000 FROM THEIR ROYALTY OF 6P PER SINGLE.

• NEED TO SELL

• GIRLS ALOUD NEED TO RECOUP £285,000 FROM THEIR ROYALTY OF 6P PER SINGLE.

• NEED TO SELL 4,750,000 COPIES TO RECOUP

• GIRLS ALOUD NEED TO RECOUP £285,000 FROM THEIR ROYALTY OF 6P PER SINGLE.

• NEED TO SELL 4,750,000 COPIES TO RECOUP• WHICH IT DIDN’T

• GIRLS ALOUD NEED TO RECOUP £285,000 FROM THEIR ROYALTY OF 6P PER SINGLE.

• NEED TO SELL 4,750,000 COPIES TO RECOUP• WHICH IT DIDN’T• IT SOLD 2,200,000

• GIRLS ALOUD NEED TO RECOUP £285,000 FROM THEIR ROYALTY OF 6P PER SINGLE.

• NEED TO SELL 4,750,000 COPIES TO RECOUP• WHICH IT DIDN’T• IT SOLD 2,200,000• BUT BRIAN EARNED 10P PER COPY FOR EVERY

COPY AFTER 200,000 SALES.

• GIRLS ALOUD NEED TO RECOUP £285,000 FROM THEIR ROYALTY OF 6P PER SINGLE.

• NEED TO SELL 4,750,000 COPIES TO RECOUP• WHICH IT DIDN’T• IT SOLD 2,200,000• BUT BRIAN EARNED 10P PER COPY FOR EVERY

COPY AFTER 200,000 SALES.• IN OTHER WORDS 2 MILLION X 10 P

• £200,000

• £200,000• FOR SITTING ON HIS ARSE.

• £200,000• FOR SITTING ON HIS ARSE.• WHILE GIRLS ALOUD WERE GETTING UP AT

5AM EVERY DAY

• £200,000• FOR SITTING ON HIS ARSE.• WHILE GIRLS ALOUD WERE GETTING UP AT

5AM EVERY DAY• WORKING LIKE CRAZY, GOING ON EVERY TV

SHOW

• £200,000• FOR SITTING ON HIS ARSE.• WHILE GIRLS ALOUD WERE GETTING UP AT

5AM EVERY DAY• WORKING LIKE CRAZY, GOING ON EVERY TV

SHOW• FOR A SINGLE THEY WERE NEVER GOING TO

MAKE ANY CASH FROM

• BRIAN SAID TO SONY, “I’VE GOT A FEW MORE SONGS..”

• “NO GOOD ADVICE”, “LOVE MACHINE”, “CANT SPEAK FRENCH”, “BIOLOGY”, THE SHOW”

• BRIAN SAID TO SONY, “I’VE GOT A FEW MORE SONGS..”

• “NO GOOD ADVICE”, “LOVE MACHINE”, “CANT SPEAK FRENCH”, “BIOLOGY”, THE SHOW”

• ENDED UP WRITING MUCH OF GIRLS ALOUD’S FIRST ALBUM.

• BRIAN SAID TO SONY, “I’VE GOT A FEW MORE SONGS..”

• “NO GOOD ADVICE”, “LOVE MACHINE”, “CANT SPEAK FRENCH”, “BIOLOGY”, THE SHOW”

• ENDED UP WRITING MUCH OF GIRLS ALOUD’S FIRST ALBUM.

• WHICH SOLD 1,800,000 COPIES.

• ALBUM DEALER PRICE = £6.50

• ALBUM DEALER PRICE = £6.50• POLYDOR MUST PAY 8.5% TO SONY/BMG =

55P.

• ALBUM DEALER PRICE = £6.50• POLYDOR MUST PAY 8.5% TO SONY/BMG =

55P.• 55P X 1,800,000 = £850,000 FOR BRIAN.

• ALBUM DEALER PRICE = £6.50• POLYDOR MUST PAY 8.5% TO SONY/BMG =

55P.• 55P X 1,800,000 = £850,000 FOR BRIAN.• POLYDOR SPENT A FORTUNE ON THE ALBUM

• ALBUM DEALER PRICE = £6.50• POLYDOR MUST PAY 8.5% TO SONY/BMG =

55P.• 55P X 1,800,000 = £850,000 FOR BRIAN.• POLYDOR SPENT A FORTUNE ON THE ALBUM• SO POOR OLD GIRLS ALOUD

• ALBUM DEALER PRICE = £6.50• POLYDOR MUST PAY 8.5% TO SONY/BMG =

55P.• 55P X 1,800,000 = £850,000 FOR BRIAN.• POLYDOR SPENT A FORTUNE ON THE ALBUM• SO POOR OLD GIRLS ALOUD• WERE STILL UNRECOUPED

• 90% OF RECORDING ARTISTS DO NOT RECOUP THEIR COSTS.

• SO WHAT CAN THE ARTIST DO?

• WRITE THEIR OWN SONGS OR

• WRITE THEIR OWN SONGS OR

• “WRITE” THEIR OWN SONGS.