Kohn on Music Licensing, Sixth Edition

Chapter 1. INTRODUCTION: THE MUSIC BUSINESS -- ITS PAST AND FUTURE

1. The Way We Were
2. History Repeats Itself
3. What the World Needs Now
4. Future of Licensing Music on the Internet

Chapter 2. THE ART OF MUSIC PUBLISHING

1. Historical Background
2. Music Publishing Today
3. Sources of Music Publishing Income
4. Distribution of Music Publishing Income
5. Organization of the Music Publisher
6. How to Establish a Music Publishing Company
7. The Future of Music Publishing

Chapter 3. SONGWRITING AGREEMENTS

1. Selecting a Music Publisher
2. Negotiating the Songwriter/Publisher Relationship
3. Negotiating the Single Song Music Publishing Agreement
4. Negotiating the Exclusive Term Songwriter Agreement
5. Collaborators
6. Summary

Chapter 4. CO-PUBLISHING AND ADMINISTRATION

1. Co-Publishing Agreements
2. Administration Agreements
3. Collection Agreements

Chapter 5. INTERNATIONAL SUBPUBLISHING

1. Business Background
2. Selecting a Subpublisher
3. Negotiating the Subpublishing Agreement
4. Working with Your Subpublisher

Chapter 6. THE SPLIT COPYRIGHT SYNDROME

1. Legal Background
2. The Problem - An Illustrative Example
3. The Music Clearance Industry - A Partial Solution
4. Tip on Clearing Licenses from Multiple Co-Owners
5. Comment on Prudent Copyright Administration
6. Curing the Split Copyright Syndrome
7. The Final Solution - Compulsory License?
8. Conclusion

Chapter 7. THE LANGUAGE OF MUSIC LICENSING

1. Music as Property
2. Copyright
3. Right Versus License
4. Ownership of Music
5. Works Made for Hire
6. Joint Ownership of Music
7. Non-Ownership of Music - The Public Domain
8. Deriving Income from Music
9. Types of Licenses for Music
10. Differences in the Rights and Privileges of Holders of Exclusive Rights and Non-Exclusive Licenses
11. Avoiding Confusion - Exclusive Right Versus Non-Exclusive License
12. Avoiding Confusion - Understanding Ownership of the "Undivided" Copyright
13. Avoiding Confusion - Selling, Assigning, Granting, and Licensing
14. The Language of the Art

Chapter 8. FORMALITIES OF MUSIC LICENSING

1. Formalities of Assignment
2. Formalities of Licensing
3. Get It In Writing
4. Letter Form Versus Contract Form
5. Reference to the Parties
6. Standard Terms and Conditions
7. Forms Used in this Book

Chapter 9. DURATION OF COPYRIGHT ASSIGNMENTS OF COPYRIGHT, AND LICENSES

1. Introduction
2. Duration of Copyright
3. Renewal of Copyright
4. Duration of Assignments of Copyright
5. Duration of an Assignment of Renewal Copyright
6. Duration of Licenses
7. After Life

Chapter 10. BASIC CONSIDERATIONS IN MUSIC LICENSING

1. Basic Music Licensing Factors
2. Common Terms and Conditions Regarding Fees and Payment
3. Commonly Used Boilerplate Regarding Fees and Payment
4. Commonly Used Boilerplate Terms and Conditions
5. Affiliated Company Problem
6. General Advice to Music Copyright Owner - Always Encourage Activity in the Song
7. General Advice to Persons Seeking to Clear Licenses - Fully Disclose All the Uses You Might Conceivably Make of the Music

Chapter 11. THE ART OF GRANTING AND CLEARING MUSIC

1. The Art of Granting Licenses
2. The Art of Clearing Licenses
3. Summary

Chapter 12. LICENSING MUSIC IN PRINT AND DIGITAL PRINT

1. Historical Background
2. Types of Printed Music
3. Types of Digital Print
4. Preparation and Distribution of Printed Music
5. Legal Background
6. Considerations in Granting Exclusive Print Rights
7. Considerations in Granting Physical Print Licenses
8. Considerations in Granting Digital Print Licenses
9. Considerations in Granting Rental Fees for Performance Materials
10. Conclusion

Chapter 13. LICENSING MUSIC IN SOUND RECORDINGS

1. Historical Background
2. Legal Background
3. Considerations in Granting and Clearing Mechanical Licenses in the U.S.
4. Analysis of Standard U.S. Mechanical License Terms
5. Clearing the Mechanical License in the U.S.
6. Mechanical Rights Agencies in the U.S.
7. International Mechanical Rights Administration

Chapter 14. LICENSING MUSIC IN BACKGROUND MUSIC SERVICES, DIGITAL JUKEBOXES, AND OTHER COMMERCIAL REPRODUCTIONS (ELECTRICAL TRANSCRIPTION LICENSES)

1. Distinction Between Mechanical Licenses and Electrical Transcription Licenses
2. Types of Electrical Transcriptions
3. Considerations in Granting and Clearing Electrical Transcription Licenses
4. Typical License Fees for Electrical Transcription Licenses
5. Rights Agencies

Chapter 15. LICENSING MUSIC IN AUDIOVISUAL WORKS (SYNCHRONIZATION LICENSES FOR THEATRICAL FILMS, TELEVISION PROGRAMS, MUSIC VIDEOS , ETC.)

1. Historical Background
2. Considerations in Granting and Clearing Synchronization Licenses
3. Theatrical Motion Picture Trailers
4. Promotional Music Videos
5. Non-Theatrical Business Video Programs
6. Home Video Devices
7. Internet Video Streaming
8. Internet Video Downloading
9. User Generated Content
10. Clearing the Synchronization License
11. Typical Fees for the Synchronization License
12. Conclusion

Chapter 16. THE USER-GENERATED CONTENT PHENOMENON

1. Introduction
2. Legal Background
3. Considerations in Granting and Clearing Licenses for Use of Music in User Generated Content - By YouTube
4. Summary of YouTube License Terms
5. Conclusion

Chapter 17. OLD LICENSES, NEW USES

1. Types of Old Synchronization Licenses
2. Determining the Scope of Ambiguous Licenses - a Suggested Approach
3. Avoiding Ambiguity

Chapter 18. LICENSING MUSIC IN LIVE AND RECORDED PUBLIC PERFORMANCES

1. Historical Background
2. Legal Background
3. Performance Rights Societies Today
4. Performance License Grants to Performance Rights Societies
5. Considerations in Granting and Clearing Performance Licenses
6. Collection of Performance Royalties from Music Users
7. Distribution of Performance Royalties to Publisher and Writer Members

Chapter 19. THE GRAND RIGHTS CONTROVERSY

1. Overview of Theatrical Musical Productions
2. Overview of Non-Theatrical Productions
3. Legal Background
4. Distinguishing Between Dramatic Rights, Nondramatic Rights and Grand Rights
5. Grand Rights Distinguished from Dramatic Rights
6. Analysis of Various Dramatic and Nondramatic Uses of Music
7. Recent Court Cases
8. Grand Right in a Person's Life Story?
9. Broadcast of an Entire Album
10. Theme Park Rides and Attractions 
11. Dramatic Adaptation Rights
12. Determining Who has the Right to License These Uses
13. Licensing Considerations
14. Recommendations and Summary

Chapter 20. LICENSING MUSIC IN TELEVISION, RADIO, PRINT, AND INTERNET ADVERTISING

1. Industry Background
2. Considerations in Granting and Clearing Licenses to Use Music In Advertising
3. Print Advertising
4. Conclusion

Chapter 21. LICENSES FOR MUSIC BOXES, CONSUMER MUSICAL PRODUCTS AND OTHER MERCHANDISE

1. Background
2. Considerations in Granting and Clearing Musical Product Licenses
3. Printing of Music of Lyrics

Chapter 22. LICENSING MUSIC IN VIDEOGAMES AND OTHER NEW MEDIA AND MULTIMEDIA DEVICES AND ONLINE VERSIONS

1. Technological Developments
2. Considerations in Granting and Clearing Licenses for Devices Containing Multimedia Programs - In General
3. Considerations in Granting and Clearing Licenses for Use of Existing Music in Videogames
4. Considerations in Entering into Composer Agreements for the Use of Music in Videogames
5. Additional Considerations in Clearing Licenses for Multimedia and New Media Products

Chapter 23. LICENSING OF SOUND RECORDINGS

1. Creating Sound Recordings
2. Financing and Distributing Sound Recordings
3. Sources of Record Company Revenue 
4. Legal Background
5. Considerations in Granting Licenses for the Use of Sound Recordings
6. Conclusion

Chapter 24. THE DIGITAL SAMPLING CONTROVERSY

1. Technical Background
2. Recent Recording Practices
3. Legal Background
4. Considerations in Granting and Clearing Licenses for Digital Samples
5. Conclusion

Chapter 25. THE FAIR USE CONTROVERSY

1. Legal Background
2. Fair Use in Music Licensing

Chapter 26. TYPICAL LICENSE FEES

1. Overview
2. Print and Digital Print License Fees
3. Mechanical License Fees
4. Electrical Transcription Fees
5. Synchronization Fees
6. Commercial Advertising License Fees
7. Music Boxes and Commercial Product License
8. Videogames, Computer Software, Multimedia
9. Needledrop or Production Music Library
10. Living Stage Performance Fees
11. Theme Park License Fees
12. Digital Sample License Fees