Licensing and royalties 1a.
Name three societies that lookafter royalties and licensing and describe and explain what these societies do. PRS ( Performance right society) is a societyfor songwriters, composers and music publishers to license their musicalcompositions and lyrics.They pay their members when their music has beenperformed live, been used in film and tv, broadcasted, downloaded, streamed andplayed in public (PRS for music, 2017). MCPS (Mechanical copyright protection) isanother society for songwriters, composers and music publishers which alsomaintains songwriters, composers and music publishers. MCPS are representingtheir members mechanical rights when their music is reproduced as a physicalproduct such as CDs, DVDs, digital downloads and videos and also featured infilms and TV commercials.
(PRS for music, 2017). PPL (Phonographic Performance Limited) is alicense company based in the UK. This society is for performers and recordcompanies where they collect and distribute money for the use of recorded musicon CDs, music played on the internet or music played through radio or tv (PPL, 2017). 1b. Why are the above sociaties soimportant for the music industry? Licensing is a good way to keep the processbetween music makers and music users simple and straight forward for bothparties. If these societies did not exist, businesses would have to contactevery songwriter, composer and music publisher themselves and ask forpermission to use their music. However songwriters, composers and musicpublishers in that case would have to deal with a lot of requests from musicusers (PRS for music, 2017).
These societies are a simple way to keep trackof where and when the music is performed.To make sure that the royalties will be paid tothe right people all music needs to be registered and available somewhere. Forexample when a song is played on Spotify, Spotify must pay to PRS for their useof it. PRS then accounts for the correct amount to each songwriter, publisherand composer. If a business are going to play recorded musicthey will need to have a PPL license to avoid infringing copyright and facelegal proceedings (PRS for music, 2017).
2. Give an example of a copyrightinfringement case and describing, explaining and critically commenting on it GeorgeHarrisons song “My Sweet Lord” was released in 1970 and became number one onthe charts in over sixteen countries.He gota brilliant start to his solo career with this song, although My Sweet Lordproved to be very similar to “He’s So Fine” by the American girl group TheChiffons.Onlya few months after its release, Harrison was sued for copyright infringement byBright Tunes Music, the publisher of “He’s so fine” on behalf of the songwriterRonnie Mack. InHarrisons biography he says “I wasn’t consciously aware of the similaritybetween ‘He’s so fine’ and ‘ My Sweet Lord’ when I wrote the song, as it wasmore improvised and not so fixed” (I, Me, Mine, 1980). The judge said that it was obviousthat the two songs were virtually identical, however he was convicted thatHarrison did not copy the melody counsiously. Harrison conceded that since hehad heard “He’s so fine” his subconscious knew the combination of chords in thesong.
The law process became one of the most elaborate inhistory. Twenty-seven years later, it was definitely completed. Harrison had topay compensation to Ronnie Mack’s rights holder (ultimate classic rock, 2016). In my opinion there is definitely similarities between”My Sweet Lord” and “He’s so fine” in terms of the chords and melodies, howeverI do not believe that Harrison intentionally plagiarized “He’s so fine”.
Infact I think that every songwriter often borrow parts and ideas from othersongs without realizing it. I believe that as music keeps growing in differentgenres, someone is bound to use the same chords and words as someone elsewithout knowing it. Although even if he did not do copy it deliberately,it is still under the law infringement of copyright. 3.
What would the music industry looklike without licensing and royalties? Compare the UK to other parts of theworld that have more relaxed or non-excisting copyright. Anindustry without licencing and royalties would basically mean that no one wouldget paid and In that case I do not think that the industry would be this big.Clearlypeople would eventually stop creating music if they would not get paid orcredit for the work they have done. Songwriters,composers or publishers for example are all proffesions which means that theyhave the same right as anyone else with another profession to get paid andcredit for the work they have done. “Music wouldn’t exist without the work ofsongwriters, composers and publishers. We’re here to represent them and ensurethat they are rewarded for their creations.” (PRS for music, 2017). Withoutlicensing and royalties I also believe that music piracy would increase.
If themusic is not registered anywhere it would mean that anyone could copy anddistribute of copies of a piece of work for which the composer, artist orwhoever is the copyright holder, did not give consent. Without copyright andlicensing it would be impossible to find out who would be paid when and forwhat. Thecopyright system in Brazil is administered by ECAD, which is responsible forcollecting all royalties from exercise, mechanical and related rights and thendistribute to the relevant authors. These communities then distribute royaltiesto their members.
ECADhas not shown accuracy in the distribution of collections and an investigationrevealed errors far from ECADs legal rights. They created IBDA to act as anintermediary between artists and collective societies by helping them disputeconflicts. Thenew law clarifies the licensing concept to give the author more control overtheir work. It will also allow a person who owns an album to create copies ofit for personal use without permission.
Underclared work can also be reproducedwithout the permission for non-commercial purposes.The rising of broadband andmobile services increases the worry about illegal file sharing. Anotherchange proposed regarding the music market is that the playing of songs throughpayment or favors will be considered a “violation of the economic order and theright to free culture”. PRSin the UK does have an Anti- piracy Unit to protect the copyright of PRSmembers.
They help you investigate copyright violations and, when necessary,take legal action (The music business journal, 2010). Bibliography PRS for music, 2017.PRS and MCPS (Online) Available at: https://prsformusic.com/what-we-do/prs-and-mcps (Accessed: November 26, 2017) PPL, 2017. PPL and PRSfor music (online) Available at: http://www.
ppluk.com/I-Play-Music/PPL-and-PRS-for-Music-/ (Accessed: November 26, 2017) UK government, 2017.Licence to play background music (PPL) (online) Available at: https://www.gov.uk/licence-to-play-background-music-ppl (Accessed: December 6, 2017) PRS for music, 2017.Licensing music (online) Available at: https://prsformusic.com/what-we-do/licensing-music (Accessed: December 6, 2017) Harrison George, 1980.I, Me, Mine (Genesis publications) The music business journal,2010.
A far reaching copyright change in Brazil (online) Available at: http://www.thembj.org/2010/10/a-far-reaching-copyright-change-in-brazil/ (Accessed: December 6, 2017) Ultimate classic rock, 2016. 40 years ago: George Harrison found guiltyof ‘My sweet Lord’ plagiarism (online) Available at: http://ultimateclassicrock.com/george-harrison-my-sweet-lord-plagiarism/ (Accessed: December 6, 2017)