Kohn On Music Licensing, Second Edition

Overview

When seeking to clear music rights for products and performances, let the authors, with over 50 years of hands-on experience, take you step-by-step through the entire licensing process. In clear, understandable language, they provide detailed explanations of the many kinds of music licenses, identify the critical issues addressed in each, and offer valuable strategy and guidance to both rights owners and prospective licensees. The Second ...

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Overview

When seeking to clear music rights for products and performances, let the authors, with over 50 years of hands-on experience, take you step-by-step through the entire licensing process. In clear, understandable language, they provide detailed explanations of the many kinds of music licenses, identify the critical issues addressed in each, and offer valuable strategy and guidance to both rights owners and prospective licensees. The Second Edition covers:

  • Licensing for computer software and in multimedia and new media products
  • Licensing music and sound recordings in cyberspace
  • Music publishing; international sub-publishing
  • Co-publishing and administrative agreements
  • And songwriter agreements. Proven tips and suggestions, along with the most up-to-date analysis, are given for virtually all the areas of music licensing including:
  • How to 'clear' a license
  • Copyright renewal
  • Negotiating fees
  • And more. Turn to this valuable resource for more than 70 forms and license agreements, including many new ones, available on the companion computer disk that is searchable by caption, topic, or keyword. Always Current Kohn On Music Licensing is completely up-to-date. But to make sure you're always abreast of the latest legal developments, you will automatically receive — risk-free with no obligation to purchase — updates and/ or new editions. You will be billed separately at the then-current price. Upon receipt, you will have 30 days to purchase or return. Of course, you may cancel this automatic supplementation program at any time simply by notifying Aspen Law & Business in writing.
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Editorial Reviews

Booknews
New edition of a handbook that explains the process of music licensing from both sides of the deal. Al Kohn (a 50-year veteran of the music industry) and Bob Kohn (law, Monterey College of Law) discuss the clearance of rights for all types of music in virtually any medium under favorable contract terms. They also cover negotiating strategies, emerging issues involving co-publishing, songwriter agreements, international sub-publishing agreements, and licensing music for cyberspace. About 60 model forms that can be downloaded from the included disk feature language that has been refined by licensing experts. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781567062892
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 12/31/1995
  • Edition description: REV
  • Edition number: 2
  • Pages: 1449

Table of Contents

Foreword
About the Authors
Reasons for This Book
Acknowledgments to the Third Edition
Acknowledgments to the Second Edition
Acknowledgments to the First Edition
Ch. 1 The Art of Music Licensing
I The Art of Granting Licenses 4
II The Art of Clearing Licenses 10
Ch. 2 The Art of Music Publishing
I Historical Background 79
II Music Publishing Today 86
III Sources of Music Publishing Income 87
IV Distribution of Music Publishing Income 91
V Organization of the Music Publisher 92
VI How to Establish a Music Publishing Company 99
VII The Future of Music Publishing 100
Ch. 3 Songwriter Agreements
I Selecting a Music Publisher 107
II Negotiating the Songwriter/Publisher Relationship 108
III Negotiating the Single Song Music Publishing Agreement 111
IV Negotiating the Exclusive Term Songwriter Agreement 138
V Collaborators 153
Ch. 4 Co-Publishing and Administration
I Co-Publishing Agreements 247
II Administration Agreements 258
III Collection Agreement 262
Ch. 5 International Subpublishing
I Business Background 315
II Selecting a Subpublisher 320
III Negotiating the Subpublishing Agreement 326
IV Working with Your Subpublisher 351
Ch. 6 The Split Copyright Syndrome
I Legal Background 407
II The Problem - An Illustrative Example 411
III The Music Clearance Industry - A Partial Solution 412
IV Tip on Clearing Licenses from Multiple Co-Owners 416
V Comment on Prudent Copyright Administration 416
VI Curing the Split Copyright Syndrome 417
VII The Final Solution - Compulsory License? 421
Ch. 7 The Language of Music Licensing
I Music as Property 425
II Copyright 426
III Right Versus License 427
IV Ownership of Music 429
V Works Made for Hire 429
VI Joint Ownership of Music 430
VII Non-Ownership of Music - The Public Domain 432
VIII Deriving Income From Music 438
IX Types of Licenses for Music 444
X Differences in the Rights and Privileges of Holders of Exclusive Rights and Non-Exclusive Licenses 448
XI Avoiding Confusion - Exclusive Right Versus Non-Exclusive License 450
XII Avoiding Confusion - Understanding Ownership of the "Undivided" Copyright 451
XIII Avoiding Confusion - Selling, Assigning, Granting, and Licensing 451
XIV The Language of the Art 453
Ch. 8 Formalities of Music Licensing
I Formalities of Assignment 457
II Formalities of Licensing 461
III Get It in Writing 463
IV Letter From Versus Contract Form 464
V Reference to the Parties 465
VI Standard Terms and Conditions 466
VII Forms Used in This Book 466
Ch. 9 Duration of Copyright, Assignments of Copyright, and Licenses
I Introduction 483
II Duration of Copyright 484
III Renewal of Copyright 492
IV Duration of Assignments of Copyright 501
V Duration of an Assignment of Renewal Copyright 507
VI Duration of Licenses 521
VII After Life 534
Ch. 10 Basic Considerations in Music Licensing
I Basic Music Licensing Factors 575
II Common Terms and Conditions Regarding Fees and Payment 586
III Commonly Used Boilerplate Terms and Conditions 591
IV Affiliated Company Problem 612
V General Advice to Music Copyright Owner - Always Encourage Activity in the Song 613
VI General Advice to Persons Seeking to Clear Licenses - Fully Disclose All the Uses You Might Conceivably Make of the Music 613
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