MUSIC & DIGITAL MEDIA (Spring 2023)

  • Chris Bavitz (Harvard Law School)

Christopher T. Bavitz | Spring 2023 Seminar | Monday 3:45p - 5:45p | 2 Credits

This course explores legal issues relating to the creation, exploitation, and protection of music and other content. It focuses on traditional regimes and models and the ways new technologies have affected strategies involved in making and distributing content. The seminar balances doctrinal and policy concerns with day-to-day legal and business practices and skills relevant to practitioners.

4 INDUSTRY STRUCTURE AND LEGAL / BUSINESS ARRANGEMENTS (1 OF 2): Music Publishers, Publishing Agreements, Licenses, and PROs (Spring 2023) 4 INDUSTRY STRUCTURE AND LEGAL / BUSINESS ARRANGEMENTS (1 OF 2): Music Publishers, Publishing Agreements, Licenses, and PROs (Spring 2023)

TOPICS Contractual arrangements between songwriters and publishers. Licensing of musical compositions by publishers (mechanical and synchronization licenses). Public performance rights and musical compositions. Digital / new media issues faced by songwriters and the publishing industry. The role of the Harry Fox Agency in licensing of musical compositions.

4.1. Al Kohn and Bob Kohn, "Kohn on Music Licensing, 4th Ed." (Aspen Publishers 2010) , read pp. 103-138, 159-175; skim remaining pages (.pdf)

Al Kohn and Bob Kohn, "Kohn on Music Licensing, 4th Ed." (Aspen Publishers 2010) , read pp. 103-138, 159-175; skim remaining pages (.pdf)

4.2. Anita Wadhwani, "Hitched to a Star," The Tennessean (January 2, 2011) (.pdf)

Anita Wadhwani, "Hitched to a Star," The Tennessean (January 2, 2011) (.pdf)

4.3. Paul Resnikoff, "A Comprehensive Comparison of Performance Rights Organizations (PROs) In the US," Digital Music News (February 20, 2018)

Paul Resnikoff, "A Comprehensive Comparison of Performance Rights Organizations (PROs) In the US," Digital Music News (February 20, 2018)

4.4. "Copyright and the Music Marketplace: A Report of the Register of Copyrights," United States Copyright Office (February 2015), read "Licensing Musical Works," Section II(B), pp. 25 - 43

"Copyright and the Music Marketplace: A Report of the Register of Copyrights," United States Copyright Office (February 2015), read "Licensing Musical Works," Section II(B), pp. 25 - 43

4.5. United States Copyright Office, "Mechanical License Royalty Rates" (.pdf)

United States Copyright Office, "Mechanical License Royalty Rates" (.pdf)

4.6. Paula Parisi, "Copyright Royalty Board Boosts Songwriters’ Streaming Pay Nearly 50%," Variety (January 27, 2018)

Paula Parisi, "Copyright Royalty Board Boosts Songwriters’ Streaming Pay Nearly 50%," Variety (January 27, 2018)

4.7 OPTIONAL (Spring 2023) 4.7 OPTIONAL (Spring 2023)

4.7.1. U.S. Copyright Office, Circular 73, "Compulsory License for Making and Distributing Phonorecords" (.pdf)

U.S. Copyright Office, Circular 73, "Compulsory License for Making and Distributing Phonorecords" (.pdf)

4.7.2. In Re: Mechanical and Digital Phonorecord Rate Adjustment Proceeding , Docket No. RF 2006-1, Delivery Rate Adjustment Proceeding, US Copyright Office (October 16, 2006) (.pdf)

In Re: Mechanical and Digital Phonorecord Rate Adjustment Proceeding , Docket No. RF 2006-1, Delivery Rate Adjustment Proceeding, US Copyright Office (October 16, 2006) (.pdf)

4.7.3. ASCAP's Survey and Distribution System: Rules & Policies (.pdf)

ASCAP's Survey and Distribution System: Rules & Policies (.pdf)

4.7.4. Jacqui Cheng, "Judge: ringtones aren’t performances, so no royalties," Ars Technica (October 15, 2009)

Jacqui Cheng, "Judge: ringtones aren’t performances, so no royalties," Ars Technica (October 15, 2009)

4.7.5. Evan Brown, "Downloading a song is not a performance under the Copyright Act," Internet Cases (September 29, 2010)

Evan Brown, "Downloading a song is not a performance under the Copyright Act," Internet Cases (September 29, 2010)

4.7.6. Whitney Broussard, "The Promise and Peril of Collective Licensing," 17 Journal of Intellectual Property Law 1 (2009) (.pdf)

Whitney Broussard, "The Promise and Peril of Collective Licensing," 17 Journal of Intellectual Property Law 1 (2009) (.pdf)