Types of Licenses & Copyrights
If you are a creative professional of any type---musician, songwriter, artist, photographer, illustrator---it is imperative that you understand copyright and licensing laws. Understanding these laws protects you from signing away rights that could become future revenue and prevents you from infringing on other creative rights when referencing work for creation of your new or remade works. This article will discuss some of the most common copyrights and licenses. It is important, however, to always review copyright and licensing law and updates before signing any contracts by visiting the United States Copyright Office.
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Copyright
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According to the U.S. Copyright Office, copyright is a form of legal protection based on U.S. law that protects original works of art, including but not limited to literary, dramatic, musical or artistic artwork. Although registration helps to provide solid proof of copyright, art work is automatically protected by copyright upon creation. The rights protected and covered by the term "copyright" are as follows: the right to reproduce copies of a work; the right to create work derived from the original work; the right to rent, lease, lend or sell copies of work to the public; the right to publicly perform or exhibit a work; in the case of sound recordings, the right to transmit the work via digital transmission.
There are some limitations on copyrights, including the "Fair Use" doctrine established by the Copyright Act of 1974. Other limited use issues are managed through "compulsory licensing" in which limited use is granted in return for royalty payments.
Public Performance License
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As the name suggests, Public Performance licensing is a license granted to an individual or agency by a copyright holder, allowing him the right to publicly perform the work. This is one of several licenses that must be obtained, for instance, by a band that wants to do a "cover" performance of another musician's copyrighted songs.
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Digital Performance License
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The Digital Performance License specifically covers granting an individual or agency the right to digitally transmit sound recordings of a work. This license was specifically created to address usage issues created by the rise of Internet streaming radio stations.
Mechanical License
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Mechanical licenses are issued by the copyright holder or their agent to an individual or agency, allowing him to manufacture and distribute copies of works with an agreed-upon per unit fee for each copy manufactured and sold. This licensing is generally used in the record industry and covers the recording and distribution of musical works by record companies.
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