Authors: Al Kohn, Bob Kohn
ISBN-13: 9780735590908, ISBN-10: 0735590907
Format: Hardcover
Publisher: Wolters Kluwer Law & Business
Date Published: December 2009
Edition: With CD-ROM
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
New edition of a handbook that explains the process of music licensing from both sides of the deal. Al Kohn (a 50-year veteran of the music industry) and Bob Kohn (law, Monterey College of Law) discuss the clearance of rights for all types of music in virtually any medium under favorable contract terms. They also cover negotiating strategies, emerging issues involving co-publishing, songwriter agreements, international sub-publishing agreements, and licensing music for cyberspace. About 60 model forms that can be downloaded from the included disk feature language that has been refined by licensing experts. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Foreword | ||
About the Authors | ||
Reasons for This Book | ||
Acknowledgments to the Third Edition | ||
Acknowledgments to the Second Edition | ||
Acknowledgments to the First Edition | ||
Ch. 1 | The Art of Music Licensing | |
I | The Art of Granting Licenses | 4 |
II | The Art of Clearing Licenses | 10 |
Ch. 2 | The Art of Music Publishing | |
I | Historical Background | 79 |
II | Music Publishing Today | 86 |
III | Sources of Music Publishing Income | 87 |
IV | Distribution of Music Publishing Income | 91 |
V | Organization of the Music Publisher | 92 |
VI | How to Establish a Music Publishing Company | 99 |
VII | The Future of Music Publishing | 100 |
Ch. 3 | Songwriter Agreements | |
I | Selecting a Music Publisher | 107 |
II | Negotiating the Songwriter/Publisher Relationship | 108 |
III | Negotiating the Single Song Music Publishing Agreement | 111 |
IV | Negotiating the Exclusive Term Songwriter Agreement | 138 |
V | Collaborators | 153 |
Ch. 4 | Co-Publishing and Administration | |
I | Co-Publishing Agreements | 247 |
II | Administration Agreements | 258 |
III | Collection Agreement | 262 |
Ch. 5 | International Subpublishing | |
I | Business Background | 315 |
II | Selecting a Subpublisher | 320 |
III | Negotiating the Subpublishing Agreement | 326 |
IV | Working with Your Subpublisher | 351 |
Ch. 6 | The Split Copyright Syndrome | |
I | Legal Background | 407 |
II | The Problem - An Illustrative Example | 411 |
III | The Music Clearance Industry - A Partial Solution | 412 |
IV | Tip on Clearing Licenses from Multiple Co-Owners | 416 |
V | Comment on Prudent Copyright Administration | 416 |
VI | Curing the Split Copyright Syndrome | 417 |
VII | The Final Solution - Compulsory License? | 421 |
Ch. 7 | The Language of Music Licensing | |
I | Music as Property | 425 |
II | Copyright | 426 |
III | Right Versus License | 427 |
IV | Ownership of Music | 429 |
V | Works Made for Hire | 429 |
VI | Joint Ownership of Music | 430 |
VII | Non-Ownership of Music - The Public Domain | 432 |
VIII | Deriving Income From Music | 438 |
IX | Types of Licenses for Music | 444 |
X | Differences in the Rights and Privileges of Holders of Exclusive Rights and Non-Exclusive Licenses | 448 |
XI | Avoiding Confusion - Exclusive Right Versus Non-Exclusive License | 450 |
XII | Avoiding Confusion - Understanding Ownership of the "Undivided" Copyright | 451 |
XIII | Avoiding Confusion - Selling, Assigning, Granting, and Licensing | 451 |
XIV | The Language of the Art | 453 |
Ch. 8 | Formalities of Music Licensing | |
I | Formalities of Assignment | 457 |
II | Formalities of Licensing | 461 |
III | Get It in Writing | 463 |
IV | Letter From Versus Contract Form | 464 |
V | Reference to the Parties | 465 |
VI | Standard Terms and Conditions | 466 |
VII | Forms Used in This Book | 466 |
Ch. 9 | Duration of Copyright, Assignments of Copyright, and Licenses | |
I | Introduction | 483 |
II | Duration of Copyright | 484 |
III | Renewal of Copyright | 492 |
IV | Duration of Assignments of Copyright | 501 |
V | Duration of an Assignment of Renewal Copyright | 507 |
VI | Duration of Licenses | 521 |
VII | After Life | 534 |
Ch. 10 | Basic Considerations in Music Licensing | |
I | Basic Music Licensing Factors | 575 |
II | Common Terms and Conditions Regarding Fees and Payment | 586 |
III | Commonly Used Boilerplate Terms and Conditions | 591 |
IV | Affiliated Company Problem | 612 |
V | General Advice to Music Copyright Owner - Always Encourage Activity in the Song | 613 |
VI | General Advice to Persons Seeking to Clear Licenses - Fully Disclose All the Uses You Might Conceivably Make of the Music | 613 |