Copyright and Public Performance of Music by Stanley Rothenberg

By Stanley Rothenberg

There were many amazing descriptions of track yet maybe the most apt from the point of view of legislation and trade used to be Ian Hay's assertion, "Music is set the main susceptible piece of estate guy can carry into the realm, in particular this present day. " With the elevated use of tune caused by means of technological advances, equivalent to radio, sound motion pictures and tele­ imaginative and prescient, and the concomitant lessen within the sale of sheet song and phonograph documents, the necessity for writers and publishers of song to proportion within the profit from public performances turned pressing. With this urgency the author's rights within the public according to­ formance of his song grew to become the topic of a lot literature and litigation which keeps to at the present time. the aim of this booklet is to provide a transparent photo of this a lot written and litigated approximately topic: the au'thor's correct within the public functionality of his tune. so that it will do that we needs to point out not just the character of the correct but additionally the way it is exer­ cised for it may be obtrusive that with performances occurring during the international and in a mess of how, the workout of the best through anyone writer or writer may current insurmountable problems.

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V. 2d 832 (5th Cir. 1929); film synchronization: Famous Music Corporation v. Melz, 28 F. Supp. D. La. 1939). (ECONOMIC) NECESSITY IS THE MOTHER OF INVENTION 27 public performance for profit in the United States, we can go on to examine the organizations that license this music right. C. (ECONOMIC) NECESSITY IS THE MOTHER OF INVENTION Copyright proprietors throughout the world realized that it would be physically impossible for them, as individuals, to visit thousands of different establishments to see whether there were public performances of their copyrighted compositions.

D. Y. (1934). 42 PUBLIC PERFORMANCE OF MUSIC IN THE UNITED STATES The Foundation acquired the radio performance rights for the United States in the music catalog of G. Ricordi and Co. of Milan, Italy, as well as the broadcasting performance rights in several American catalogs of music. 34 However, with ASCAP's membership and catalog continuing to increase in size and importance, and with radio's increased need for music, the broadcasters had to continue to do business with the Society. II. Birth 01 BMI At the expiration of the ASCAP licenses in December, 1940, ASCAP again put forth a new license fee system.

A performance on a 100 station network yields 100 credits AN ANATOMY OF ASCAP 39 to the writer and 100 credits to the publisher. , composer and lyrist, they each receive 50% of the writer credits (in a later section we shall consider collaboration by ASCAP and BM! writers). The fact that the publisher is a member of ASCAP aHd receives credits in the publisher fund does not bear on the writer's credits and vice versa, as noted previously. The same credit is earned whether the performance is a live one or one on records.

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