January 2012
2 posts
Copyright Status restored to foreign works –...
Submitted by: Vanessa Kaster, Esq., LL.M. vk@kasterlegal.com
Last week, The US Supreme Court mandated copyright restoration for foreign works that are covered by copyright protection in their country of origin or the country where copyright protection is claimed. This renewed respect for foreign works, removes a bulk of works out of the public domain and vests them with copyright protection. This...
Fiat pays for use of Graffiti Mural “I ❤ the...
Article submitted BY: Vanessa Kaster, Esq., LL.M.
The exact amount that Chrysler has paid to TATS Cru, the Bronx based graffiti artist, for use of their mural in a Fiat commercial hasn’t been disclosed… although I applaud the two sides for coming to an agreement.
Is a Graffiti Mural protected by copyright? YES, YES, YES!! All it takes is ORIGINALITY to qualify for copyright protection… and in...
December 2011
1 post
Works in the Public Domain are FREE to use
BY: Vanessa Kaster, Esq., LL.M.
www.iplegalfreebies.wordpress.com
Music and other published works that are in the Public Domain are free to use; since, they are not under copyright protection and therefore do not require any permissions from the author (or former copyright owner) to be used. Works that are in the public domain are free for the taking, sampling, using, copying, reproducing,...
November 2011
1 post
Copyright Law: Using quotes from someone else...
Blog post submitted by Vanessa Kaster
http://iplegalfreebies.wordpress.com/
Did you know that it’s possible to buy a “Cajun in your pocket” keychain? …that plays spoken Cajun phrases? GOOD NEWS – you can buy the keychain and use the sayings without violating copyright! Even though the toy manufacturers have copyrights that include the sayings on the keychain… there is no copyright violation for...
October 2011
1 post
Little Bo Peep and Her Flammable Sheep
Blog post Submitted by Vanessa Kaster
http://iplegalfreebies.wordpress.com/
Creativity abounds as household items are incorporated into Halloween costumes; however, use common sense and pay attention to intended uses and warnings on everyday items that you use in your costumes. Courts are not always very sympathetic to costume-related injuries because, products are often used in ways that were...
September 2011
1 post
Seeking Copyright Termination for Y.M.C.A. and...
Blog submitted by Vanessa Kaster
http://iplegalfreebies.wordpress.com/
September 8, 2011
It’s no secret that young musicians often have zero bargaining power when it comes to negotiating recording contracts. (Congress even knows this which is why they inserted the Copyright Termination provisions into the US Copyright Law). Usually, recording contracts signed by musicians favor the recording...
August 2011
1 post
Copyright is valuable – ‘The Birthday Song’ earns...
Blog post submitted by : Vanessa Kaster, Esq
http://iplegalfreebies.wordpress.com/
Would you have guessed that the song, ‘Happy Birthday to You’ generates an estimated $2 million dollars a year in royalties? (and has earned this much annually since 1996.) It’s only eight measures long, spans an octave and was written for children …but it’s a BIG money maker.
The song has appeared in over...
June 2011
2 posts
Copyright Law: Using quotes from someone else in...
Blog Post submitted by Vanessa Kaster:
Dr. Martin Luther King Junior’s speech ‘I Have a Dream’ is one of the most recognizable speeches in US history and it is covered by copyright protection. Dr. King registered the speech for copyright protection in 1963. This leads to the question, when can quotes from his famous speech or other copyright protected works be used in other books, blogs or...
Tattoo Copyright FACE-off
Blog post submitted by Vanessa Kaster:
The hoopla surfacing over the unauthorized use of a copyrighted tattoo that is prominently featured in the Hangover II movie sets the stage for examining the elements of a strong copyright claim. Elements of a strong copyright infringement claim are: 1) is the work original and vested with copyright protection; 2) was the work copied; and 3) was the work...
May 2011
1 post
Copyright Protection Starts Automatically
Blog Post submitted by Vanessa Kaster:
When does copyright protection start? It starts automatically, as soon as you create an original work. It’s like having a baby (ie your creative, brain child)… as soon as it’s in this world it’s yours and it’s covered by copyright protection. You don’t have to DO anything… other than create it and put it in a fixed and tangible form.
What does this...
April 2011
1 post
Amazon Announces Cloud Player/Cloud Drive
Amazon announced a new product/service offering recently in an apparent bid to advance the digital music purchase and consumption paradigm.
Cloud Player and Cloud Drive will allow users both to purchase music which they can then stream remotely from any web-enabled device and also to upload files from their current digital libraries (including photos and videos) for additional streaming...
March 2011
1 post
THREE MYTHS ABOUT MUSIC SAMPLING
Submitted by Vanessa Kaster
MYTH: sampling less than 6 seconds of someone else’s music is okay
MYTH: sampling less than 5 words of someone else’s lyrics is okay
MYTH: sampling from a church group is okay
ALL THREE OF THESE STATEMENTS ARE MYTHS. None of these instances are an automatic green light when it comes to sampling someone else’s music without permission.
[For more on Music...
February 2011
1 post
5 tags
If Ustream and Chatroulette Had a Love Child...
… Its name would be Yowie. Yowie, a new contender in the live streaming sector, combines some of its competition’s most attractive features to turn the streaming experience into something even more personal for fans. Ustream, as you may be aware, allows for interaction, but this interaction is text-based; fans can submit questions to an artist (or chat with each other) during a ...
January 2011
1 post
Music Sampling: a few Do’s and Don’ts
Article By Vanessa Kaster
Music Sampling is the act of incorporating bits of someone else’s musical score or sound recording into your own music. Music Sampling becomes risky business when it’s done without proper authorization and licenses. To further complicate things, musicians and composers often view sampling as a logical progression in the music composition process; and often ignore...
November 2010
3 posts
Can Copyright Protect Your IDEA?
Copyright protects the original expression of ideas but copyright does NOT protect ideas.
A hot debate emerged recently over protecting the IDEA of a‘Tiny Hat’ comedy skit with copyright. After Saturday Night Live produced a ‘Tiny Hat’ comedy skit, another comedy group (who had already produced a successful comedy skit about wearing ‘tiny hats’)… claimed that Saturday Night Live stole the ‘tiny...
How Do Musicians Get Paid When The Music Is Played...
Musicians MUST REGISTER with SoundExchange in order to get paid royalties from digital performances. Digital performances include having songs played on Pandora or Sirius Radio. I know that you might think that being registered with ASCAP, BMI or SESAC covers this, but it doesn’t. Separate registration with SoundExchange is required to collect royalties when your music is played on digital...
19 tags
Profile of a Scout Network: Major Label Scout
Companies are increasingly using the internet to facilitate online scout networks, empowering communities of young people interested in a certain field to submit their findings for consideration through online portals. Some of these companies use their scout networks to collect and provide intelligence on fashion, sports, and emerging brands. Others are specific to music.
On the...
October 2010
1 post
The 6 Phases of Music Marketing by Dexter Bryant,...
1. Distribution 2. Awareness 3. Discovery 4. Credibility 5. Engagement 6. Sustained Attention Distribution Configure outlets where your music can be downloaded and/or purchased online. iTunes is the most popular choice for retail digital distribution, followed by Amazon. Once your music is plugged into these distribution outlets, customers are able to acquire your content/product....
September 2010
1 post
Copyright protection only costs $35
Blog article by Vanessa Kaster ~
Copyright protection for your songs, photos, poems and other creative work is not expensive – it only costs $35 to register online with the US Copyright Office. And to make the deal even sweeter… it’s possible to register multiple pieces at once. How do you do this? The first step to registering multiple pieces is to have them organized in a way that will allow...
August 2010
1 post
What do you do if someone is using your stuff on...
Once again we have another insightful submission from Vanessa Kaster on the issues of copyright. Enjoy the latest from Vanessa:
What do you do if someone is using your stuff on MySpace or YouTube?
Today, it is almost a given that STUFF you create will easily be copied and used by other people via the internet. And the BETTER your STUFF is, the MORE LIKELY it is to be copied. This applies to...
May 2010
2 posts
11 tags
Interview with Studio Fast Track Winner Jamie...
Last December marked the first round of LP33.tv’s Studio Fast Track, a competition that gives emerging artists a shot at personalized marketing support from the site, a financed record with the help of Pledge Music, and an Epiphone prize pack… Oh, winners also receive access to a common denominator in the successes of Madonna, Depeche Mode, and Augustana: mentorship from legendary...
4 tags
Subtly Powerful Songwriting Tips
Pat Pattison’s resume is impressive to say the least; he developed the curriculum for the first-ever songwriting major, authored three of Berklee’s online writing courses, and wrote Songwriting: Essential Guide to Rhyming and Songwriting: Essential Guide to Lyric Form and Structure. But if you need more proof that his status as one of the most renowned songwriting teachers in the world...
April 2010
2 posts
6 tags
The Ins and Outs of Film/TV Scoring with Jeff Beal
2010 is striking a heady blow to my TV schedule. We had just welcomed the New Year when we learned that the groundbreaking “Ugly Betty” would not be returning for a 5th season. The knife was twisted in even further with news that 24’s exit would be making Monday nights much less suspenseful. I don’t even want to THINK about “Lost” ending in May.
However, one...
3 tags
A Question on Licenses for a Non Profit Music...
Artists House received a question from Timothy on licensing a music festival for a non profit. We thought this might be of interest to a few folks, so we are posting the question and answer. Alex (our local New Orleans) festival expert has kindly answered the question.
To whom this concerns; I am contacting you to find out if my foundation needs to have a license to have a music fest. We...
March 2010
3 posts
Digital Branding With Music & Mobile Apps by...
Music-based mobile apps are one of the most powerful tools in a musician’s digital marketing arsenal. Apps are a hot commodity with customers, especially the gen-Y market. Beyond that apps provide an avenue for deeper engagement with your audience.
In order to maximize your potential for connecting with audiences, your app must be user-friendly and addictive. You do that by providing value to app...
Should you be monitoring your fans online?
This blog post was written by Marcus Taylor, a former record label manager, music industry blogger and author of http://www.themusiciansguide.co.uk The Musician’s Guide to World Domination.
When it comes to monitoring what people are saying on the Internet, it’s important for musicians to keep an eye on what fans, potential fans and critics are saying about them and recognising an opportunity to...
3 tags
Quick Tip: Distribute Song Files with Drop.io
These days, most of the people you’ll be pitching your work to prefer being sent links to music rather than MP3 files. However, if they like what they hear, they’ll likely want to have it for permanent download so they can listen to it and/or play it for colleagues more readily. And there are a few people who want to be sent files in the first place. If someone only wants a few files,...
February 2010
5 posts
4 tags
An Expanded List of Music Licensing Companies
Head on over to the Indie Music Tech blog and check out their list of the current online music licensing companies. I can’t endorse any service in particular, and frankly I’ve heard mixed reports about how helpful these websites really are. But, I figured I’d send the information your way and let you decide for yourselves: An Expanded List of Music Licensing Companies.
At least...
4 tags
“Most of the performances on the Grammys made very clear that the people now...”
– Eric Beall, Berklee Music
5 tags
Music Power Network Launches YouTube Channel
Music Power Network (MPN) is the brainchild of Dave Kusek, Vice President at the Berklee College of Music, instructor of Berklee’s online course The Future of Music and the Music Business, author of The Future of Music, and all-around music business expert.
It was announced yesterday that MPN will be making some of its educational videos accessible for free via its new YouTube channel.
...
3 tags
Random Rules For Ideas Worth Spreading
This blog post is merely here to point you to another blog: Seth Godin’s “Random Rules For Ideas Worth Spreading”. Everything Seth writes is thought-provoking, but this post in particular struck me as valuable to those of you who need some help getting ‘unstuck’. Here are a couple points that rang especially true to me:
Waiting for inspiration is another way of...
5 tags
Grammys: That's Not MY Music Industry
I’ve been subscribed to Jason’s blog for awhile now and generally find that his point of view parallels mine…Namely, that we live in an empowering and exciting time for artists of all genres who aim to build a sustainable career rather than luck into fortune. I routinely find that any negative forecasts or panic within the industry these days do not apply to 99.9% of us. In this...
January 2010
3 posts
4 tags
Music Business Weekly Wrap-Up
In case you missed anything, here are some highlights from this week in music business news and artist advice:
Artists House Music
Being Prepared When Opportunity Knocks http://is.gd/7qDw4
SEA Conference Lecture: Keeping Your Creative Soul Alive in the World of Business – Full Session http://ow.ly/11PF1
Music Industry Profile: Artist Manager Delante Murphy http://ow.ly/115zj
Coin a Phrase:...
2 tags
Coin a Phrase: The Leveling
by George Howard
I do believe (largely because of Moore’s law) that - in the music/creative world at least - we’re reaching a moment where the technological barriers that provided advantages to those with the most resources is nearly over.
There is a sort of leveling occurring now that — with only slight variance — we all have access to the same tools.
The first moment of leveling occurred with...
10 tags
What NARAS Can Do For You
It’s well known that the National Academy of Recording Arts and Sciences (NARAS) is responsible for putting on Music’s Biggest Night, but the organization is also responsible for several lesser-known initiatives that those of you planning to enter the industry (or already working in the industry) can take advantage of. Rather than attempt to explain the many facets of NARAS myself,...
December 2009
8 posts
4 tags
I Pledge Allegiance to VRM
by George Howard
As my interests continue to shift away from the music business (whatever that is) and towards markets generally, I become more and more convinced that the focus must be on VRM.
The Cluetrain famously stated (10 years ago) that “markets are conversations.” Doc Searls recently amended this by stating: “markets are relationships.”
The fallacy of CRM is that - when done “right” -...
5 tags
Music Business Weekly Wrap-Up
In case you missed anything, here are some highlights from this week in music business news and artist advice:
Artists House Music:
Artists House Video: The Copyright Ramifications of Sampling http://ow.ly/Lj15 w/ Mark Goldstein
Knowing When to Go With Your Gut (Instead of the Experts) http://ow.ly/JYAG
An interesting discussion w/ @mrbuzzfactor about branding http://ow.ly/JEfM from an SEA...
5 tags
Music Business Weekly Wrap-Up
It’s been a great week here at Artists House. It seems like our community is growing every day, and it must be because of you all spreading the word. Thank you all for your support and for spreading the good word! It keeps me energized…
In case you missed anything, here are some highlights from this week in music business news and artist advice:
Artists House Music:
Friday’s...
4 tags
Impromptu Live Chat w/ George Howard
Yesterday morning we hosted an impromptu live video chat, which George Howard helmed solo from his office. If you were hanging around on twitter, you got to join us — if not, you missed out on some great conversation from the community! I wish I could post the ‘chat log’ to go along with the video, but no service (I know of, as of yet) allows you to do this. Regardless, here is...
4 tags
Music Distributor Fee Comparison
By way of Musformation, I found this chart produced by RouteNote (an online music distribution startup based out of the UK). The chart is a comparison of the fees incurred with the various distribution companies. If you are doing some price shopping, this should be helpful for you. Keep in mind that this is for comparison purposes only and was accurate at the time that it was published.
Which...
3 tags
Video: Ian Rogers on Why Letting iTunes Own...
It’s more important than ever that you understand what tools you have at your disposal and why they are essential to your career. Part of the indie revolution is putting the data in the hands of the artist. There are many ways that you can lose control of this data by ‘giving’ it to someone else (MySpace, iTunes, etc.). I think that Ian Rogers makes a very strong argument in the...
9 tags
Beef Up Your Facebook Fan Page with My LP33
If you subscribe to Digital Music News, you’re likely familiar with LP33.tv and the many changes it has undergone since its 2008 launch. If not, click here for a brief rundown to get you up to speed. In addition to revamping its main site over the last year with tons of new content, the company has launched an initiative to take advantage of Facebook’s popularity by creating a presence...
3 tags
Artist Managers Must Understand Their Role Is Now...
by George Howard
I had an interesting conversation with Lauren Markow, which helped me come to terms with something I’ve been wrestling with for a while.
Like everything else in the music business, the role of the artist manager is changing. In the good old days (you know, a year or so ago), artist managers largely concerned themselves with helping the artists with whom they worked get record...
November 2009
13 posts
5 tags
Artists House Vault: Careers in Sound Design
I’ve received several requests on twitter for more information about careers in music other than being a musician. So, today’s post will focus on a career that allows you to still work with music and sound, still use your technical skills in recording and audio editing, and put food on the table without having to ever step out on a stage.
These videos will be featuring Chris Scarabosio, a sound...
4 tags
Music Business Weekly Wrapup
We’re at the beginning of the holiday season, and things can get a little hectic. If you were too busy stuffing yourself full of turkey and cranberry sauce (I was) the last few days to keep up with the news, here are some highlights from this week in music business and artist advice:
Artists House Music:
Don’t ignore the fact that the one thing fans at your show have in common with...
3 tags
An Artists House Thanks Giving
or: “Why Are We Doing This In The First Place?” revisited
So, as I hope everyone did, I had a great opportunity these last few days leading up to Thanksgiving to reflect on the blessings I have in my life. While I try to remind myself of these things on a daily basis, they seem to become more vivid and poignant around the holidays when I reconnect with old family and friends. Sitting...
3 tags
Music Business Weekly Wrapup
Sorry for the delay in this week’s post! Alas, better late than never, right? Here are some highlights from last week in music news and artist advice:
Artists House Music:
Thanks for listing Artists House on over 350 400 Twitter Lists! http://twitter.com/artistshouse/lists/memberships Love what you guys are building!
In this Artists House video, Nashville Drummer John Toomey shows how to...
7 tags
What Is SoundExchange and How Does It Work?
SoundExchange is the US organization responsible for collecting royalties for music performed via non-terrestrial radio and distributing those royalties to the artists so featured.
This video has been making the rounds on the blogs, and I didn’t want to miss out. But I’ve got more for you than the other folks. Not only do we have a full 50-minute interview with the head of...
3 tags
Being Professional Goes A Long Way
This is not ground-breaking stuff here, but Loren Weisman posted something over at Music Think Tank that I found to be very refreshing. She calls it “Ten Tips That Every Musician Should Apply to Their Career”. I call it “Be Professional or Die”. The reality of making music your career is that you’ll be interacting with a bunch of folks that are relying on YOU to make...
4 tags
Correlation (or Lack Thereof) Between Audio...
by George Howard
While it pains me to say it, based on a whole lot of years of experience, I see very little correlation between how well-recorded a record is and how well it sells.
I was talking about this with someone recently, and was inspired to draw the diagram below to try and explain it. Yes, it looks like something a convicted serial killer might scrawl on a jail cell wall, but I never...