How Copyright Works: The Six Exclusive Rights of Copyright Law | Berklee Online
HTML-код
- Опубликовано: 18 июл 2018
- Download Your Free Music Business Handbook Now: berkonl.in/3XRrl9n
Earn Your Music Business Degree Online with Berklee: berkonl.in/2XjPKt0
In this video, Berklee Online course author Dr. E. Michael Harrington describes the six exclusive rights of copyright law in detail. The first is the right to copy a work. The second is the right to make a derivative work - a work derived from something you’ve already done. This could mean someone wants to make a movie out of your song, and you, as the songwriter, have the right to approve or decline. The third is the right to distribute your work to the public. This means you are in control of selling/renting your product and how it gets sold/rented. The fourth is the right for you to perform your work in public. This means when your song is played in public, you are paid for it! You can also decide that you don’t want it performed by other people. The fifth is the right to display your work in public, such as lyrics. This can pertain to putting lyrics on clothing or other visual objects. The sixth is that you have the right to exclude anyone from broadcasting or streaming the recording.
About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.
About Berklee Online:
Berklee Online is the continuing education division of Berklee College of Music, delivering online access to Berklee's acclaimed curriculum from anywhere in the world, offering online courses, certificate programs, and degree programs. Contact an Academic Advisor today:
1-866-BERKLEE (US)
1-617-747-2146 (international callers)
advisors@online.berklee.edu
/ berkleeonline
/ berkleeonline
/ berkleeonline
Copyright Law | E. Michael Harrington | Exclusive Rights | Music Business | Berklee Online | Berklee College of Music | Music Business Law 
Видеоклипы
This is very helpful. What a great resource, Thank you!
Glad it was helpful!
Thank you so much you have help me so much
Excellent video! Thanks!
THANKS - well presented bites
Amazing and informative content. This is helping me a ton with entertainment law.
Thank you!
I copyrighted the words "Amazing and informative." You're in trouble man.
Thank you
Thank you very much I appreciate this can you do a video on what are exclusive copyrights when buying a instrumental and how artists can understand it And use it for their advantage thank you
You have to buy the master to the beat from the producer if they willing to sell it out right then y’all do a contract
just a quick question about copyright. just say I want to make a movie about a gambler (pretend I have never heard the song before). Do I have to get permission first from Don Schlitz to write that movie without hearing the song?
Hello, great informations!
However, I have a question.
If a Dj plays a song in a club, he is performing publicly but he doesnt pay anything because he already purchased the song. Can he play it as much as he want? or the club has to pay (monthly?) to the performance rights organization you talked about? or is there a certain tolerance?
Thanks :)
Let's say the DJ buys an album of songs. That gives him a "private performance right" to listen to those songs himself along with family members or friends in a "private" setting like a home. But buying that album doesn't give the DJ the "public performance right" to play that music in a public space like a nightclub, dance hall, restaurant, outdoor festival, etc. This right must be obtained separately, either by obtaining permission directly from the copyright owner (or more commonly) by obtaining a performance license from a collective rights organization like ASCAP or BMI that handles licensing on behalf of the big record labels.
Do these right apply to UK?
what about Synchronization ?
Will I get a copyright strike when I copy a bit music in my own song and release it to all platforms like iTunes, Spotify, etc. ??
Possibly. The more of someone else's song you copy, the greater the likelihood that your copying will be detected (and frowned upon by the copyright owner). If you use a short few second "sample" of another song, then perhaps nobody will notice, especially if you modify it to make it nearly unrecognizable. But I know of a few RUclipsrs who got copyright claims over short samples that are no more than a few seconds. One might think that such a small degree of copying wouldn't have been noticed. Nevertheless, somehow the big record labels did, so bear that in mind. So you do need to be careful with ANY degree of copying, and perhaps consider not doing it at all.
Anyways, sampling is kind of a legal can of worms. I'm personally of the opinion that it could be considered "transformative" and hence "fair use", but that's a kind of argument that can only be tested out in court and few artists have the money to go up against a big record label and their teams of lawyers in a courtroom setting. You may be interested in another video on this channel featuring the same copyright expert in the current video. Look up "How Copyright Works: How Sampling is Different from Stealing | Berklee Online" and it should help answer any questions you may have about copying and sampling.
How does it work when you are a music media company promoting their music and get the permission to use their music? It is stopping us monetizing helping artist promote their music and videos
How does this work for an Ebook content in writing a Ebook
It should work the same way as it does with traditional printed books. Only the format is different, but the basic copyright principles are the same.
What about a character? Is a character that you created protected by copyright or just the story???
In the U.S., a court case (Towle v. D.C. Comics) requiring an answer to that very question occurred a few years ago involving the Batmobile (of Batman fame). The Ninth Circuit court created a three-part test "for determining whether a character in a comic book, television program, or motion picture is entitled to copyright protection." The three parts are: Does the character have (1) “physical as well as conceptual qualities,” (2) “is sufficiently delineated to be recognizable as the same character whenever it appears,” and (3) is “especially distinctive and contains some unique elements of expression.”
The Supreme Court declined to hear this case, so technically this three-part test only applies within the Ninth Circuit, but it's still an important precedent that suggests characters do have a degree of copyright protection that is independent of the stories in which they are featured.
@@photios4779 no that case is talking about mimicking the expression of the character not the actual character itself. D.C. beat mark towle because mark towle had actually mimicked the Intangible expression of the bat mobile. Copyright only protect drawings,written descriptions, depictions and pictures. They don’t protect anything else. Characters are not works of art. Their expression is a work of art. In the the US a court case (D.C. vs Bruns Inc) answered the question of whether or not a character can be copyrighted. the Second Circuit in which the court held that the archetype of a comic book hero, in this case a cape-wearing benevolent-Hercules figure (Superman), is an idea, which the copyright in the comic strips does not protect against copying; only the specific details of the strips, their particular expression, enjoy legal protection.
@@ComicJunkie In other words yes Superman is protected by Copyright law, and nobody can use that character. You can use some of the ideas to create your own, but it can't mirror anything that is protected by Copyright and Trademark. Yeah I know. Your the one that doesn't understand at all. Once Superman enters into the Public Domain then his free to use. Just mind the existing Trademarks
@@ComicJunkie I even gave a link above that shows how to Copyright your character. So yes you have been wrong all your life
@@photios4779 Thank you and ignore the other guy. He clearly doesn't understand Copyright or even Trademark
If a person can copyright lyrics then companies can do it too and they have the money to copyright every combination of anything!
That's a concern I would have if works created by artificial intelligence are allowed to be copyrighted. Artificial intelligence software can churn out literally millions of poems, lyrics or melodies every day, much faster than any human creators ever could. Currently under American law, the creator must be a human being to receive copyright protection for their works, but this topic is under active discussion in the legal community and it's possible the law may change in the future. Musician Adam Neely made a video called "Every Melody Has Been Copyrighted (and they're all on this hard drive)" which highlights the kinds of potential issues that could arise if artificial intelligence could create copyrightable melodies.