Weekly Copyright Update
October 9, 2015
BY KEVIN TIBBLES AND MATTHEW VANN: They’re a thing of the past for many people, but in this iTunes-driven age, there’s a longing for the antique sounds of analog found on cassette tapes. That demand is literally music to the ears of those at National Audio Co., which is seeing a surge in requests for classic hits on cassette.
BY DAVID NEWHOFF: Among the premises commonly stated to argue that we must “rebalance copyright for the 21st century,” we find two widely spread and oft-repeated generalizations, both of which are false. The first generalization is about access, which proposes to speak for the consumer and implies—or explicitly declares—that copyright acts as a barrier to the diffusion of cultural works. The second generalization concerns the creation of new works and proposes that copyright acts as a barrier to derivative and new works, that it stops new creators from building upon existing works, which is inarguably an essential—even unavoidable—part of the creative process.
Editor’s Note: We are often asked about whether or not the copyright in a sermon is owned by the pastor or the church. Here’s another angle on this question regarding a fight over the teachings of a well-known Jewish leader.
BY ANDREW KESHNER: In a fight over who could publish the teachings and commentary of a revered Jewish spiritual leader, a federal judge has thrown out most of the copyright infringement case. Eastern District Judge Frederic Block delved into issues of authorship and originality to conclude that, apart from factual questions surrounding one work, Vaad L’Hafotzas Sichos could not stop the defendants from publishing any of the other collected talks of the Lubavitcher Rebbe Menachem Mendel Schneerson.
BY STEVE GORDON: In this installment, we will discuss two different forms of agreement: composer deals for the creation of music to be used throughout a movie, and an agreement for the recording and licensing of a previously written but unreleased single song for a film. If you are a filmmaker seeking previously recorded and commercially released music, you may be interested in reading Part II of my book, The Future of the Music Business, which includes a comprehensive discussion on how to clear music for movies.
About Christian Copyright Solutions: CCS’s quest is to help churches and Christian ministries “do music right.” CCS is an expert on church music copyrights and our primary focus is providing licensing and clear educational resources to churches, as well as representation, administration and advocacy for copyright owners. Follow us on Twitter, Facebook and Pinterest. The information contained herein is for informational purposes only, and is not legal advice or a substitute for legal counsel.