Select Page

The song “Happy Birthday to You” is one of the best known songs in the world and generated more than $2 million in royalties for Warner/Chappell Music, until September 2015, a U.S. judge ruled that Warner/Chappell could not prove that it had copyright to the song. On February 8, 2016, Warner/Chappell Music agreed to end a group action against these rights. After mediation, Warner`s payments would amount to more than $14 million to the “thousands of individuals and entities” who have paid royalties to use the song since 1949, plus $4.6 million in lawyers for the plaintiffs. [36] This is a fairly simple aspect of the licence, but it can have terrible consequences if it is not verified or fully understood. In almost all licensing agreements, use should be done on a non-exclusive basis so as not to prevent the artist from conceding the song for other purposes. Normally, this is a no-brainer, but sometimes licensees will try to infiltrate it, especially if you want it to be exclusive to a type of product or brand. Radio stations pay royalties at licensing points for non-exclusive rights to music broadcasting. Radio stations and businesses typically pay once a year for a flat fee, a so-called flat-rate licence, which may vary depending on the size of the audience, the value of advertising revenues, and the quantity and manner of music use. Under the licensing agreement, a radio station may conduct periodic audits of the music played, submitting the results of the examinations to the licensing body. Paragraph 2 provides for a similar exemption for distance learning. Work may be done or posted by transfer to students enrolled in a course or to government officials in the course of their duties, without the need for a performance permit. [23] The exception does not apply to works manufactured and sold for distance online education.

The performance or display must be performed under the direction of the instructor and be directly related to and support what is taught: it cannot be used as a pretext for the transmission of other works. Non-dramatic literary or musical works can be presented in their entirety. For other works, such as the exhibition of a film or painting, the representation must be “reasonable and limited.” The exception applies only to distance education, which is part of the planned education. Works simply posted by a course director would not be protected. The educational institution must meet certain additional conditions. It must provide relevant faculties, students and staff with information that decryssing U.S. copyright and promoting compliance with the rules. In the case of digital transmissions, the institution must take appropriate measures to prevent the unauthorized retention or distribution of copies of the work. B such as non-interference in the technological means that the copyright holder may have used to prevent reproduction.

Section 110, paragraph 4, establishes an exception for non-profit groups for the performance of a non-dramatic literary or musical work (but not a play or opera) when four conditions are met: 1) the work may be performed but cannot be broadcast to the public; 2) None of the performers, organizers or organizers are paid, 3) there is no direct or indirect commercial benefit, and, 4) there is no entry fee, or after deduction for reasonable expenses, the proceeds are used exclusively for educational, religious or charitable purposes.