I’m pleased to announce the publication of Buzzgig’s latest effort: Legal Issues in the Music Industry, published today on www.Lulu.com. It is the culmination of 9 years of lectures to my class at Loyola University, New Orleans.  - MJD

BuzzGig’s newest publication, Legal Issues in the Music Industry, is now in galley proofs, preparing for a January release. - - - MJD

   Two years ago we released the Complete Copyright Kit for Composers & Musicians, our first foray into e-publishing.  Summer of 2008 saw the release of The Teacher’s Guide to Copyright in paperback, PDF, & Kindle editions.  So, what’s next? I just finished the draft of Legal Issues in the Music Industry, based on the class I’ve been teaching at Loyola University since 2001.  It covers copyright, music publishing, record labels, infringement, royalties, and a whole lot more.  Unlike other books written by lawyers, it’s not boring.  Keep tuned. - - - MJD

This week I’m honored to be a guest online facilitator for Northeastern’s graduate level class “Legal and Intellectual Property Issues for Distance Learning”. It’s only been a day, and the students’ questions are keeping me on my toes.

What I’ve learned so far is that educators have a real need for clear & practical copyright information.  - - - MJD

An interesting article from The Public Domain website about Congressional hearings on the 1909 Copyright Act.
http://www.thepublicdomain.org/2009/07/17/were-we-smarter-100-years-ago/
My comments:

An important point of clarification is in order here.  The piano rolls were not “sound recordings”. They were mechanical reproductions of compositions. The argument was that you couldn’t “read” a piano roll as you could “read” sheet music. Therefore the rolls weren’t “writings” protected by statute. The compulsory license was instituted to balance out the concerns of both sides. Sound recordings were not copyrightable in the United States until February 15, 1972. They were however protected under state property laws. - - MJD

Recently, a question came up on the NMC (New Media Consortium) listserv about what is necessary to add music to a DVD for a class project,  This was my reply: Licenses with ASCAP, BMI, & SESAC allow the performance of compositions on campus.  These licenses do not apply to the creation of CDs or DVDs.

1. To add music to a DVD soundtrack, you need 2 licenses, a synchronization license from the publisher of the composition,  AND a master use license from the owner of the sound recording (usually the record label).
2. Harry Fox rarely issues synchronization licenses anymore.  It’s best to contact the publisher & record labels directly.
3. The publisher has the veto over the use of their composition.  Thus, even if the label gives a master use license, the publisher must also give a sync license too.
4. There is NO hard & fast rule for maximum time or percentage of the original used that entitles you to a claim of Fair Use.
5. All Fair Use claims must be analyzed using the 4 part test under 17 USC §107.
6. The TEACH Act is very specific about what you can display in class or for online instruction.
7. Avoid posting the video on YouTube because the audience is not limited to your students.
8. Making & distributing DVD’s is not covered by The TEACH Act.
9. I spoke on Fair Use at last year’s NMC.  The article from the Summer Conference Proceedings can be found here: http://www.nmc.org/publications/2008-conference-proceedings

I received this message from the MERLOT Teacher Education Editorial Board today.

Dear Mr.Davis

Your scholarly work in instructional technology has been peer reviewed and published in MERLOT (Multimedia Educational Resources for Learning and Online Teaching). The MERLOT project is an international initiative enabling faculty to integrate technology into higher education.  MERLOT is supported by 27 systems and institutions of higher education as well as the National Science Foundation.  MERLOT is also endorsed by Educational Learning Initiative (ELI) of EDUCAUSE. Over 150 faculty members from these institutions have been performing the peer review of instructional technology, modeled after the peer review process for research and scholarship.

Thanks - - MJD

If you want to comment, praise, gripe, get in touch, annoy me, or send me spam, send an e-mail to:   mjd@buzzgig.com

The Teacher’s Guide to Copyright registered its first Kindle download this week.

What John Worthington says is true: “We live in a digital world, and teachers need to communicate in the same digital language as their students.”  - - - MJD

Here are some videos about copyright and the music business that you may find helpful. - - - MJD

1 Overview of Copyright Law

2 Composers’ Rights

3 How Record Labels Earn Money

4 The Dual Purpose of Copyright Law