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ARSCLIST  May 2017

ARSCLIST May 2017

Subject:

Another copyright question -Copyright resources

From:

Paul Jackson <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Wed, 24 May 2017 21:50:15 -0700

Content-Type:

text/plain

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     These are the concerns of anyone trying to use or copy recordings.
*copyright of the work embedded
*copyright of public performance -
*copyright of sound recordings - (P)
*Digital Performance Right in Sound Recordings Act of 1995
*exceptions: TEACH ACT (distant education)
   *                Compulsory Licensing (Harry Fox Agency.)

Copyright courses can be had here: http://www.copyrightlaws.com/
Lesley Ellen Harris who heads this group has written a book; a new 
edition will come out this year.
First published in 2002, with the second edition in 2009, */Licensing 
Digital Content/* has proven to be a popular one-stop, plain language 
resource demystifying the process of digital licensing for 
librarians. Although aimed at librarians, this book is helpful for 
anyone who needs to become familiar with the ins and outs of negotiating 
digital licenses.
     She has spent over 25 years consulting with people and 
organizations on copyright, licensing and digital property management 
issues. In these same areas, Lesley has written 9 books, and teaches a 
variety of online courses in Canada, the U.S. and around the world, 
through Copyrightlaws.com and with the Special Libraries Association, 
and the American Library Association.

 From the copyright office definitions:

*Sound recording:*

A sound recording is a work that results from the fixation of a series 
of musical, spoken, or other sounds, regardless of the nature of the 
material objects in which they are embodied. A sound recording does not 
include the sounds accompanying a motion picture or other audiovisual 
work. Copyright in a sound recording protects the particular series of 
sounds embodied in the sound recording. Copyright registration for a 
sound recording alone is not the same as registration for the musical, 
dramatic, or literary work recorded. The underlying work may be 
registered in its own right apart from any recording of the performance.

(P)
The*sound recording copyright symbol*, represented by the graphic symbol 
℗ (a circled capital letterP <https://en.wikipedia.org/wiki/P>), is 
thecopyright symbol <https://en.wikipedia.org/wiki/Copyright_symbol>used 
to provide notice ofcopyright 
<https://en.wikipedia.org/wiki/Copyright>in a sound recording 
(phonogram) embodied in aphonorecord 
<https://en.wikipedia.org/wiki/Phonorecord>(LPs 
<https://en.wikipedia.org/wiki/LP_record>,audiotapes 
<https://en.wikipedia.org/wiki/Tape_recorder>,cassettes 
<https://en.wikipedia.org/wiki/Compact_Cassette>,compact discs 
<https://en.wikipedia.org/wiki/Compact_disc>, etc.).^[1] 
<https://en.wikipedia.org/wiki/Sound_recording_copyright_symbol#cite_note-1> 
Present in Europe since at least the mid-1960s, the use of the symbol 
inUnited States copyright law 
<https://en.wikipedia.org/wiki/Copyright_Law_of_the_United_States>^[2] 
<https://en.wikipedia.org/wiki/Sound_recording_copyright_symbol#cite_note-notice-2> 
after 1971 was codified at17 U.S.C. 
<https://en.wikipedia.org/wiki/17_U.S.C.>and is specified 
internationally in theConvention for the Protection of Producers of 
Phonograms Against Unauthorized Duplication of Their Phonograms 
<https://en.wikipedia.org/wiki/Geneva_Phonograms_Convention>.^[3] 
<https://en.wikipedia.org/wiki/Sound_recording_copyright_symbol#cite_note-3> 


Performance copyright -statement of Register of Copyrights Marybeth 
Peters; In 1995 Congress passed the Digital Performance Right in Sound 
Recordings Act of 1995 ("DPRA")^2 
<https://www.copyright.gov/docs/regstat070509.html#_ftn2> which, for the 
first time, granted to copyright owners of sound recordings a limited 
public performance right. While this was a good first step toward 
recognizing a public performance right for sound recordings, the scope 
of this right is not nearly as extensive as the scope of the public 
performance right we offer to literary, musical, dramatic, and 
choreographic works, pantomimes, and motion pictures and other 
audiovisual works. Our treatment of the public performance right for 
sound recordings falls short of prevailing international norms as well.

In the section on Limitations and exceptions to performance rights there 
is mention of the TEACH ACT regarding educational entities for distance 
learning (streaming and downloading for copying.) Check out here. 
https://en.wikipedia.org/wiki/Performing_rights

There is also the issue of Compulsory licensing. Use of recorded sound 
for copying. This is known in the industry as a MECHANICAL LICENSE. The 
Harry Fox Agency handles this. Bands and orchestras can make copies of 
their public performances and sell them by paying a standard fee via 
HFA, or by paying a set amount, usually $25 to each of the publishers of 
the music involved in order to record their performances and sell the 
short runs of discs. One can learn more at their site: 
https://www.harryfox.com/license_music/what_is_mechanical_license.html

-- 
Paul T. Jackson - Trescott Research
Steilacoom, WA 98388
[log in to unmask]
http://trescottresearch.com/

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