1 legal aspects
1.1 copyright law
1.2 mechanical copyright
1.3 enforcement
legal aspects
copyright law
in us, , other countries copyright laws practiced, authors granted copyright protection on musical compositions. such copyright protection has existed since after turn of 20th century , music written prior 1900-1910 - impressionism baroque , antiquity said in public domain. use of said music prior creation of these copyright laws may presumed free use - although individual titles may have been later copyrighted through change in composition or arrangement. use of copyrighted music not free use in public domain.
all music written after period, copyrighted under multiple acts of congress, owned author(s) or assignees. use of music protected , controlled in order owner may derive usage income. specific telephonic moh (music-on-hold), laws protect copyright owners unlawful, unpermitted use of music titles in over-the-phone broadcast. person or business wishing use current, popular, post 1900-1910, copyrighted music moh purposes may lawfully obtaining permission owner. currently, performance rights societies such ascap, bmi , sesac sell blanket permission use music titles in catalog moh purposes—for express annual fee - calculated size , frequency of usage. failure obtain paid permission violation of copyright laws.
this same copyright protection true in rebroadcast of radio program. mentioned earlier, broadcaster has been assigned narrow , specific usage license air copyrighted song titles. not include permission person or business re-broadcast program on telephonic moh. broadcaster may not promote such unlawful use , not owner has lawful right grant moh usage permission. not hold ownership of title , have no right license use in way. plug radio broadcast telephone moh without first obtaining paid permission through owner s agents (ascap, bmi or sesac) may in violation of copyright law , may prosecuted under existing federal laws.
mechanical copyright
unbeknownst people, second copyright exists when comes licensing use telephonic moh. piece of music, mentioned above, copyrighted , may licensed use music title , understood combination of melody, harmony and, applicable, lyrics. however, neither radio listeners nor moh listeners hear music unless recorded - providing delivery medium whereby music becomes performance. mentioned elsewhere, in countries such us, said copyright laws enforced, every recording of song title holds own mechanical copyright.
for of 20th century, music recorded in studios, produced record company executives, producers, arrangers , engineers hired deliver artist s finished recordings mastering , duplication - sale on varied media: 78, 45 , 33 rpm vinyl, reel-to-reel, 8-track tape, cassette , compact disc. protect investment, record companies obtain mechanical copyright in order protect , control recording derive usage , sales income. (for still uncertain of difference between song title , mechanical copyrights, consider capitol records lawsuit copyright infringement against nike 20 years ago. nike legally obtained permission use beatles song title revolution title s owner, michael jackson. used capitol records owned recording of beatles performance, failed obtain , pay permission , use. capitol records sued , prevailed because nike had license use title , did not have license use mechanical recording.)
therefore, persons or businesses wishing play music falls in public domain still legally required obtain permission use mechanical recording of music, mechanical copyright holder. , use of copyrighted music, same applies. in cases, before song title may broadcast on telephone moh, said use must approved , licensed both song title copyright owner (if not in public domain) , mechanical copyright owner.
enforcement
it known within on-hold industry performance rights societies, regional offices , staff, both monitor , prosecute persons , businesses infringe on copyright of title holders in libraries. ascap , bmi both aggressive this, time time. not known whether record companies or actively monitoring , prosecuting violators of mechanical license.
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