Your Own Argument and Opinions

Your Own Argument and Opinions. Did you agree or disagree with the rulings. Provide some authority for your argument such as quotes from the book.  I do completely agree with the findings it is the law and I always abide by the law.  As part of the American government I am very active in voting when laws go to ballet and I firmly agree with the intellectual property laws, with the entertainment industry. Without profitable record labels, who will find and promote new stars? As we saw in the opening scenario, which is a true story, this type of theft is having a profound effect on entertainment and publishing. But it is not just “big companies” that suffer—it is also the artists, musicians, actors, and writers, most of whom are not wealthy rock stars. (Jeffery F. Beatty; Susan S. Smauelson ) One of the major challenges for legal institutions in regulating copyrights is simply that modern intellectual property is so easy to copy (Jeffery F. Beatty; Susan S. Smauelson ).  Both of those quotes basically speak for themselves.  Entertainment is a dirty business, where the law really had to be set for the writes of the individuals.  Understanding those laws help me become a well educated artist and will help me when contracts come about in my future, as well as when I am writing contracts for artist ‘s I pick up in the industry.

Rule of law

Rule of law -- a concise summary of the main precedent established. Support with quotes form the book.  I know that stealing intellectual property is against the law and one may sue another for stealing that property. It is illegal to delete copyright information, such as the name of the author or the title of the article. It is also illegal to distribute false copyright information. Thus, anyone who emailed Tom Tomorrow's cartoon without his name on it, or who claimed it was his own work, would be violating the law. (Jeffery F. Beatty; Susan S. Smauelson )

It is illegal to distribute tools and technologies used to circumvent encryption devices. If you help others to copy that software program, you have violated the statute. (Jeffery F. Beatty; Susan S. Smauelson )

Online service providers (OSPs) are not liable for posting copyrighted material so long as they are unaware that the material is illegal and they remove it promptly after receiving notice that it violates copyright law. (Jeffery F. Beatty; Susan S. Smauelson )

A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.

 The protection expires 50 years after the death of the author. (Jeffery F. Beatty; Susan S. Smauelson )

The Berne Convention requires member countries to provide automatic copyright protection to any works created in another member country. (Jeffery F. Beatty; Susan S. Smauelson )

Reasoning of the Law

Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer.  My lawyer had such good thinking Industry is striking back. The Recording Industry Association of America (RIAA) developed a strategy of aggressively suing those who download large amounts of music illegally. (Jeffery F. Beatty; Susan S. Smauelson ) In addition, a coalition of entertainment businesses sued Grokster, Ltd., and StreamCast Networks, Inc., two companies in the business of distributing free peer-to-peer software that allowed computer users to share electronic files.

10. Although this software can be used for legal purposes (such as sharing the very briefs in that case), nearly 90 percent of the files available for download through Grokster or StreamCast were copyrighted. (Jeffery F. Beatty; Susan S. Smauelson ) In addition, a coalition of entertainment businesses sued Grokster, Ltd., and StreamCast Networks, Inc., two companies in the business of distributing free peer-to-peer software that allowed computer users to share electronic files.

10. Although this software can be used for legal purposes (such as sharing the very briefs in that case), nearly 90 percent of the files available for download through Grokster or StreamCast were copyrighted.  (Jeffery F. Beatty; Susan S. Smauelson )

The Questions

The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal issues? , The entertainment world used to turn a blind eye, but illegal downloading is threatening the viability of recording companies, movie studios, and publishers.

The statistics are compelling: in 2008, 40 billion songs were downloaded illegally, which is as much as 95 percent of all downloaded music!.  (Jeffery F. Beatty; Susan S. Smauelson )  It was wild to find out that people will actually steal people’s music.  Part of what gives me such an accomplished feeling is knowing that I did it all myself.  I could never feel right having stole some one else’s music and call it my own I just would get no gratification from it at all.  Without profitable record labels, who will find and promote new stars? As we saw in the opening scenario, which is a true story, this type of theft is having a profound effect on entertainment and publishing. But it is not just “big companies” that suffer—it is also the artists, musicians, actors, and writers, most of whom are not wealthy rock stars. (Jeffery F. Beatty; Susan S. Smauelson )

1.  What are copyright laws?   The copyright holder licenses the work, or authorizes an agent to license work.    Some copyright holder use a creative commons license, giving up some rights such as payments for others such as attribution.

2.  How do I negotiate record deals and songwriter agreements?  There is a thing called musical clearance what that is there are any number of parameters that get factored into obtaining a formal music clearance quotes, such as specific rights and type of media required, term territory, number of units, unit price, step deals, bumps, options or rollovers, corporate policy of the licensor, length of usage, type of usage, profit or  non-profit status, project budget, type of project and subject matter, other composition/recordings within the project, multiple publishers, samples, copyright renewal and or ownership issues, popularity and licensing history of the song or recording, current artist management restrictions and guidelines.

3.  How do you calculate record royalties?  You need to know the AHRA, which is the recording artist royalties.  These are payments that were created from the enactment of the audio home recording act by US congress.  The AHRA imposes an obligation on importers and manufacturers of digital audio recording devices and media to submit a royalty payment set by the statute to the register of copyrights.  The AHRA provides that 66 2/3 /% of those royalties shall be allocated to a sound recording fund.  The act further provides that 2 5/8% of the sound recording fund shall be placed in a escrow account managed by an independent musician who have performed on sound recording distributed in the united states; and that 1 3/8% shall be similarly placed in a escrow  account  managed by an independent administrator appointed by AFTRA, and the record companies and distributed to non featured vocalists.

4.  What is a music manager? A music manager (or band manager) may handle career areas for bands, singers, and djs. A musician or band may hire a music manager, or the manager may discover the band, and the relationship is usually contractually bound with mutual assurances, warranties, performances guarantees, and so forth. The manager's main job is to help with determining decisions related to career moves, bookings, promotion, business deals, recording contracts, etc. The role of music managers can be extensive and may include similar duties to that of a press agent, promoter, booking agent, business manager (who are usually tour cpa, or tour manager, and sometimes even a personal assistant.

5.   Music attorney?  Do you need an entertainment lawyer on a one time only basis, or do you need to keep a lawyer on retainer? Do you need help with contract negotiation or dealing an intellectual property right violation?

Music lawyers are specialized entertainment lawyers, and within the world of music lawyers, many attorneys have further specialized in dealing with a certain part of the industry. Understanding what you need legal help with will make it easier for you to find a lawyer who is up to the task. Knowing whether you are looking to build a long term relationship with a lawyer will also impact the process.

6.   How do I protect my band or artist name through trademark protection?   The selection of a band name creates a host of legal issues.  Obviously, this brief article cannot touch on every legal and intellectual property issue that relates to a band name.  Instead, this article is primarily focused on trademark law.  The most vital and valuable trademarks in the music business are the names of bands and individual performers.  Band names serve the important function of identifying the artist goods and services.

7.  Developing an agreement among band members?    As viral media makes it easier for bands to spread and popularize their music without a record label, even garage bands must start taking the prospect of band agreements seriously.  Band contracts allow members to anticipate and prevent arguments over royalty distribution, song and image rights, band composition and any other problems that may arise during the bands lifespan, in order to avoid spending large sums of money on contract lawyers, band members can opt to sit down and create their own contracts.  These contracts are legally binding and when properly written, will be upheld in courts if a dispute does arise.

8.  Working with music publishers?  In the music industry, a music publisher or publishing company is responsible for ensuring the songwriter and composer receive payment when their compositions are used commercially. Through an agreement called publishing contracts a songwriter or composer "assigns" the copyright of their composition to a publishing company. In return, the company licenses compositions, helps monitor where compositions are used, collects royalties and distributes them to the composers. They also secure commissions for music and promote existing compositions to recording artists, film and television

The term originally referred to publishers of sheet music.. In the late 19th century sheet music was the primary commercial use of musical compositions. Today, the two businesses have diverged, and the large companies known as "music publishers" typically are no longer in the business of producing printed music.

The copyrights owned and administered by publishing companies are one of the most important forms of intellectual property in the music industry. (The other is the copyright on a master recording which is typically owned by a record company.) Publishing companies play a central role in managing this vital asset.

9.  What would I need to make a business plan?  Five steps 1. Executive summary 2. Products and services 3. Marketing plan 4. Management plan 5. Financial plan

10. what about those steps is important to my business plan?  They are crucial for a business to work in the industry.  To have a successful business those plans need to be fallowed to every word and elaborated in detail.