Derrin Lee

January 31, 2013

Intro Into Commercial Music
Outline #1
Protect Your Copyrights:
Do Lunch AND Contracts
I.)

II.)

III.)

IV.)

V.)

Typical Reasons To Write A Contract

a. Having a written contract is found to be extremely useful for
remembering and enforcing terms that were agreed upon
b. Eliminates having to hire lawyers for a case in court and stress of the
case
c. It ensures you payment for your work
d. It is advised to commit to writing a contract at the earliest stages of the
business relationship in order to avoid uncertainties over what the court
will interpret
e. Know the copyright status and respective rights for which the parties
bargained
Intellectual Property Ownership and Transfers
a. Creative Expressions involve two basic realities: The long life of
intellectual property rights ( life of author plus 70years after) and the
unforeseeability of its value
b. Guard your intellectual property as if it were real or personal property
c. Once your creative idea is in a fixed tangible form, you are now the
author in the copyright law and become the owner of all copyrights.
Work For Hire
a. Work that is owned by a person or corporation other than the artist.
b. Work for hire is work prepared by an employee that was done within the
scope of the employment and the parties have not agreed otherwise in
writing
c. Copyright ownership of a work for hire is presumed to vest in the
employer or commissioner of the work.
d. Writing is required stating the transfer of ownership in order for the work
for hire to be valid.
Transferring Licenses To Use The Work
a. Exclusive or nonexclusive license to use the work may be used instead
of an attempted work for hire but is suggested that it should be put in
writing as well
b. Exclusive license is required to be put in writing because exclusive
license is defined as a form of copyright ownership and freely
transferable
c. Nonexclusive is however not required to be put in writing
d. The author may terminate any license or the heirs but not before a
35year period expires.
If You DO Not Write It, The Court Will
a. Work for hire is often one of the arguments made in oral contract
copyrights
b. The Copyright acts license work for hire section 204(a) writing
requirement does not apply to nonexclusive licenses because they are
considered to be personal property interests and therefore may be
granted without a contract.

Derrin Lee
January 31, 2013
Intro Into Commercial Music
Outline #1

VI.)

c. Since the 1976 Act, the only nonemployee transfer of a copyright

interest that does not require writing is the nonexclusive license.
Conclusion
a. Because the practical results of cases in entertainment are perplexing it
is best to just get things in writing before starting any kind of work.
b. Getting a contract first will eliminate the possibilities of going to court
and paying for lawyers.