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  • U.S Professor Lectures at Communication University of China
  • 来源:School of Music and Recording Arts   | 日期:2014-11-06      
  • David Herlihy, Professor of Music Business at Northeastern University, delivered a lecture about U.S copyright law at the First International Music Industry Forum held this week at Communication University of China.

    Professor Herlihy briefly introduced US copyright law, including the definition of copyright and the purpose of copyright law. He then described many aspects of copyright law, including; the character of copyright, the kind of content protected under the copyright law, the bundle of exclusive rights, the time period of copyrightable subject could be protected, the definition of public domain, the significance of the existence of public domain, etc. After this material was presented, the lecture turned to the main topic of music copyright.

    Professor Herlihy discussed two kinds of copyrights which apply to the in music industry: 1) copyright for music composition; 2) copyright for sound recording. He explained that, after many years of revision the law now contains six exclusive rights, which is also called “a bundle of rights. He then outlined and discussed each of these six rights

    The topic then turned to the copyright of music compositions. Professor Herlihy introduced four major licenses that licensee need to obtain if they want to use the copyrightable work: 1) mechanical license; 2) public performance license; 3) synchronization license; 4) print license. Professor Herlihy also presented the statutory rates for compulsory mechanical license and the PRO’s rate for public performance license. He explained that licensees have to negotiate specifically with the copyright owners with regard to synchronization and print licensees.

    The final topic addressed by Professor Herlihy was digital music rights. He stated that the Digital Performance Right in Sound Recording Act, enacted by Congress in 1995, required users of copyrighted recordings to pay the copyright holder of a sound recording for any public performance of that music via certain kinds of digital transmissions. SoundExchange has been playing PRO’s role to collect royalties on behalf of record labels and recording artists.

    The lecture concluded with students from Communication University of China asking many questions and discussing the differences of copyright law between the U.S and China, to which Professor Herlihy shared his opinions.

     

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