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January 23, 2010 © 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License. Digital Audio Transmissions William Fisher
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January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Digital Audio Transmissions
William Fisher
Context
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Assignment of musical-works copyright
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Assignment of musical-works copyright
Reproduction license
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Assignment of musical-works copyright
Reproduction license
Foreign Subpublisher
Subpublishing license
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Assignment of musical-works copyright
Synchronization license
Reproduction license
Foreign Subpublisher
Subpublishing license
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Producer/ Performer
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Producer/ Performer
Assignment of sound-recording copyright
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
BMI; ASCAP; SESAC
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Producer/ Performer
Assignment of sound-recording copyright
Performance license
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
BMI; ASCAP; SESAC
Radio or TV Station
Blanket licenses
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Producer/ Performer
Assignment of sound-recording copyright
Performance license
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
BMI; ASCAP; SESAC
Restaurant Radio or TV Station
Blanket licenses
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Producer/ Performer
Assignment of sound-recording copyright
Performance license
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
BMI; ASCAP; SESAC
Restaurant Radio or TV Station
Blanket licenses
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Producer/ Performer
Assignment of sound-recording copyright
Performance license
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
Webcaster
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
BMI; ASCAP; SESAC
Restaurant Radio or TV Station
Blanket licenses
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Producer/ Performer
Assignment of sound-recording copyright
Performance license
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
Webcaster Sound Exchange
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
BMI; ASCAP; SESAC
Restaurant Radio or TV Station
Blanket licenses
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Producer/ Performer
Assignment of sound-recording copyright
Performance license
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
Webcaster Sound Exchange
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
BMI; ASCAP; SESAC
Restaurant Radio or TV Station
Blanket licenses
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Producer/ Performer
Assignment of sound-recording copyright
Performance license
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
Webcaster Sound Exchange
payola
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Composer
Publisher
Sheet Music Printer
Movie Studio
Record Company
BMI; ASCAP; SESAC
Restaurant Radio or TV Station
Blanket licenses
Assignment of musical-works copyright
Mechanical license
Synchronization license
Reproduction license
Producer/ Performer
Assignment of sound-recording copyright
Performance license
Foreign Subpublisher
Subpublishing license
Harry Fox Agency
Webcaster Sound Exchange
payola
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Types of Digital Audio Transmissions of Sound Recordings
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Types of Digital Audio Transmissions of Sound Recordings
Level 1: Exempt transmissions
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Types of Digital Audio Transmissions of Sound Recordings
Level 2: Copyright Owners must accept “compulsory licenses” set by an Arbitration Panel
Level 1: Exempt transmissions
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Types of Digital Audio Transmissions of Sound Recordings
Level 3: Copyright Owners may refuse to issue licenses – or may demand freely negotiated fees
Level 2: Copyright Owners must accept “compulsory licenses” set by an Arbitration Panel
Level 1: Exempt transmissions
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Level 1: Exempt Transmissions • Non subscription broadcast
transmissions licensed by FCC • Limited set of “retransmissions” • “Feeds” incidental to exempt
transmissions • Storecasting • Transmissions to business
establishments
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Level 1: Exempt Transmissions • Non subscription broadcast
transmissions licensed by FCC • Limited set of “retransmissions” • “Feeds” incidental to exempt
transmissions • Storecasting • Transmissions to business
establishments
11/12/2000: Copyright Office rules n.a. to webcasts of radio stations
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Level 1: Exempt Transmissions • Non subscription broadcast
transmissions licensed by FCC • Limited set of “retransmissions” • “Feeds” incidental to exempt
transmissions • Storecasting • Transmissions to business
establishments
11/12/2000: Copyright Office rules n.a. to webcasts of radio stations; 8/2001: District Court in Philadelphia affirms
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Level 2: Statutory Licenses • Subscription transmissions:
– Noninteractive – Diverse programming – No advance programming schedule – Contains copyright management information
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Level 2: Statutory Licenses • “Eligible nonsubscription transmissions”:
– Primary purpose is to provide audio entertainment
– Noninteractive – Diverse programming – No advance programming schedule – Contains copyright management information – Must use all available technologies to
frustrate copying
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Level 3: Freely Negotiated Licenses
“Interactive” services: • Pay-per-listen systems • Services that transmit digital audio
programs “specially created for the recipient”
January 23, 2010
© 2008, William Fisher. This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License.
Types of Digital Audio Transmissions of Sound Recordings
Level 3: Copyright Owners may refuse to issue licenses – or may demand freely negotiated fees
Level 2: Copyright Owners must accept “compulsory licenses” set by an Arbitration Panel
Level 1: Exempt transmissions
