Music Licensing Reform: Hearings Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-ninth Congress, Second Session, on H.R. 3521 ... March 19 and July 23, 1986U.S. Government Printing Office, 1987 - 498 lappuses |
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agreement alternatives American antitrust ASCAP and BMI ASCAP or BMI bargaining BERMAN bill blanket license system BOSTICK BOUCHER Buffalo Broadcasting Chairman Committee companies compensation composers CONGRESS THE LIBRARY consent decree copyright law copyright owners copyrighted music cost CRAMER creative creators current system DEWINE direct licensing droit de suite film gentleman going industry KASTENMEIER legislation LIBRARY OF CONGRESS Magnum P.I. March 19 marketplace MAZZOLI Mike Post motion picture movie music licensing music performance rights music publishers negotiate OMAN paid percent performing rights organizations performing rights societies present system program license proposed public performance purchase question radio rate court receive record revenues Robert W royalties Senator GORE SESAC song songwriters source licensing statement Storer studios Subcommittee on Courts SWINDALL syndicated programming syndicated television programming television broadcasters television music television programs television stations Thank theaters tion TV stations Viacom WCNN writers
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33. lappuse - work made for hire" is defined as: (1) "a work prepared by an employee within the scope of his or her employment"; or (2) "a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall...
175. lappuse - Chief Justice Hughes spoke as follows respecting the copyright monopoly granted by Congress, 'The sole interest of the United States and the primary object in conferring the monopoly lie in the general benefits derived by the public from the labors of authors.
39. lappuse - Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (i) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this title.
175. lappuse - The monopoly privileges that Congress may authorize are neither unlimited nor primarily designed to provide a special private benefit. Rather the limited grant is a means by which an important public purpose may be achieved.
33. lappuse - In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a 29 written instrument signed by them owns all of the rights comprised in the copyright.
200. lappuse - ... our determination and rule with regard to a genuine and perfect theoretical axiom, that a nature be found convertible with a given nature, and yet such as to limit the more known nature, in the manner of a real genus. But these two rules, the practical and theoretical, are in fact the same, and that which is most useful in practice is most correct in theory.
24. lappuse - In CBS v. ASCAP. CBS argued that ASCAP and BMI are unlawful monopolies and that the blanket license is illegal price fixing, an unlawful tying arrangement, a concerted refusal to deal, and misuse of copyright. The district court found that the practice did not fall within the per se...
33. lappuse - Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work. (b) WORKS MADE FOR HIRE. — In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties...
248. lappuse - Gore, we will be glad to hear from you. STATEMENT OF HON. ALBERT GORE, A US SENATOR FROM THE STATE OF TENNESSEE Senator GORE. Mr. Chairman and members of the committee, I concur in the statement which Senator Kefauver has just made.
18. lappuse - ... revenues for the program on which ASCAP music is played, must offer the applicant a genuine economic choice between the per program license and the more common blanket license. If ASCAP and a putative licensee are unable to agree on a fee within 60 days, the applicant may apply to the District Court for a determination of a reasonable fee, with ASCAP having the burden of proving...