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10 Big Myths About Copyright

As a musician, songwriter, and artist, much of your income if based on your copyrights and trademarks.  Yet, the subject is one that many people, even those making a living from these things, don't understand well.

That's not to say anybody really understands copyright...  With technology moving as quickly as it is, there are some things that copyright law hasn't kept up with.  With that said, you should still be aware of these 10 Big Myths About Copyright.

Feel free to post any copyright-related comments below.  For example, your feelings on sampling, cover songs, band name trademark issues, or music licensing...

Kid Rock on Illegal Music Downloads

Interesting video from Kid Rock.  Yes, downloading music without paying for it is stealing, but it's a bit different than the examples he's giving here.  For one, you're not downloading an original recording, you're downloading a digital copy of it...which costs the manufacturer nothing.  It's hardly like stealing a physical product such as an iPod or pair of pants, since the original seller still has something to sell.

Post comments below...

District Court Rules Yahoo, AOL Pay Millions To Songwriters

A US District Court has ruled AOL, RealNetworks, and Yahoo should pay license fees that could amount to as much as $100 million to ASCAP and its membership for songs which they streamed to users from 2002 until now.  The ruling also includes payment for use until 2009.

Sounds good on paper.  The little guy wins, right?

Look, I think songwriters deserve to be paid.  I live in Nashville and own a publishing company!  But since the rate will likely be more than what is paid by traditional broadcast radio stations, my opinion is that it will make it more difficult for anyone to play music online in the future, which will mean nobody gets paid.

So how is this good for the music business?

Who Would Jesus Sue?

If you've ever wondered the value of a name, take a look at this...

The Imperials, one of Christian music's most popular singing groups in the 1970s and early '80s, are currently embroiled in a complex legal battle over who owns the group's name — and who gets to reap the profits from that name.

Armond Morales, who in 1964 cofounded the group that went on to win four Grammys and 13 Dove Awards, and his wife, Bonnie, are being sued for the Imperials name by a younger group that includes Armond's son, Jason Morales.

That younger group — four singers who say they're now the "real" Imperials — claims that when the elder Morales signed an assignment of trademark in 2005, he transferred ownership of the name to the four singers in the current lineup.

And remember Little Anthony and the Imperials?  It seems they may actually own the name...

More...

Is it File Sharing or File Stealing?

Craig Havighurst (listen to his interview on Music Business Radio) has some interesting thoughts on file sharing...

This is good stuff that anybody should read...especially songwriters and music executives in Nashville.  The black and white thinking that these guys exhibit isn't necessarily a bad thing, but as the music industry changes, it's certainly something that will affect how much money is made in the future.

Look, people are downloading music for free.  We haven't been able to stop that and playing to the morals of people doesn't seem to be working.  However, the issue is easy to fix.  All that needs to be done is make it easier to pay for music than get it for free.

iTunes is great.  Get on, type in what you want, and they've got a good quality recording of it.  AllOfMP3 did the same thing.  And this is only going to get better as more and more wireless appliances are created.  Music is background noise for doing other things, you know.

When you can have the ease or getting something in one place, in just a few seconds, why would anybody go to a file sharing service?

Price. 

But this is something that can be fixed.  Look at the success of AllOfMP3.  People happily paid what they were asking.  We just have to develop a pricing model that makes sure everybody is paid.

This is coming.  The big time business interests which own publishing catalogs and master recordings aren't going to just sit around and leave money on the table.  Until then though, let's stop with the doom and gloom.  There are plenty of good things that come along with people being able to share music freely.

Copyright in China (and Around the World)

Copyright is a topic that comes up on Music Business Radio a lot.  Something that a lot of people don't realize is that some cultures don't have the same view on the issue as (most) people in the US.

Check out this video...

This is from a government owned amusement park in China.

I've traveled a lot.  Was in Russia last year and saw the same thing.  Movies in slick, full-color DVD packaging were being sold on the street, in front of signs saying that the same title was "coming soon" to theaters.  And you're probably aware of AllOfMP3...

Is it bad?  Is it good?  Don't know.  But this is how things work in a lot of places, which is something you should be aware of.

More info on Fake Disneyland.