Cited by the United States Supreme Court in Eldred v. Ashcroft Kohn on Music Licensing, Fourth Edition by Al Kohn, Bob Kohn List Price: $395.00   Eligible for Free Standard Shipping on U.S. Prepaid Orders Imprint: Aspen Publishers ISBN: 9780735590908 Hardcover: 1,803 pages Publication Cycle: Updated periodically Available: Item ships in 3-5 Business Days

Whether you are a music publisher or songwriter looking to maximize the value of your music catalog, or a producer, ad agency, or internet music service seeking to clear music rights for products, performances, and other uses, the new Fourth Edition of Kohn On Music Licensing offers you comprehensive and authoritative guidance. Written by experts with over 70 years of combined hands-on experience, this one-of-a-kind resource takes you through the various music licensing processes, type-by-type and step-by-step. In clear, coherent language, they provide detailed explanations of the many kinds of music licenses, identify the critical issues addressed in each, and offer valuable strategy and guidance to both rights owners and prospective licensees. Kohn on Music Licensing, Fourth Edition: Walks the reader through the history of the music publishing business, from Tin Pan Alley to the user-generated content phenomena of the present. Dissects the songwriter agreement, providing the reader with a clause-by-clause analysis and offering the best negotiating strategies to achieve the best possible outcome for their clients. Guides the reader through the complexities of co-publishing agreements, administration agreements, and international subpublishing agreements, with a report on the rapidly changing music licensing landscape in Europe. Takes on the intricacies of licensing music in sound recordings, from the traditional CD format to the newer delivery methods, including downloads, streams, ringtones and ringbacks—including the rates and terms used in the U.S., Canada and the United Kingdom. Confronts the pitfalls of licensing music for audiovisual works (synchronization licenses) using history as a guide, from the early talkies through streaming internet content. Explores new media and its impact on the licensing process. Technological developments have forced the industry to rethink licenses when dealing with videogames, computer software, karaoke, and digital print (including downloadable sheet music, lyric database websites, and digital guitar tabs.. Sizes up the digital sampling controversy and offers up suggestions for negotiating licenses for digital samples. Explores the ever-evolving concept of Fair Use and its application to the music industry. Provides the reader with a look at the landscape of licensing fees, including “going rates” for synch, print, radio & TV advertising, new media, and other licenses, to assist in negotiating the best rates for their clients. Proven tips and suggestions, along with the most up-to-date analysis, are given for the technical aspects of music licensing, from the perspective of both the rights owners and prospective licensees, including How to "clear" a license Advice on maximizing the value of your music copyrights Formalities of licensing Duration of copyright, renewal and termination of grants Typical fees And much more Every chapter of Kohn on Music Licensing has been completely updated in this expanded Fourth Edition. New topics include: New mechanical license fee regimes, including rates for ringtones and on-demand streaming for U.S., Canada, and U.K. New webcasting rates in the U.S., Canada, and U.K. All new chapter on User Generated Content and the new YouTube agreements. Print License chapter now discusses terms for digital print, digital guitar tabs, etc. Synch License chapter now covers terms for downloading and streaming of video International sub-publishing chapter now explains the recent changes revolutionizing music publishing in Europe Chapters on New Uses, Fair Use, and Digital Sampling all updated. Updated "typical fees" chapter. Over 100 new forms! Turn to this valuable resource for more than 160 forms and sample license agreements available on the companion CD-ROM. Chapter 1. INTRODUCTION: THE MUSIC BUSINESS -- ITS PAST AND FUTURE I. THE WAY WE WERE II. HISTORY REPEATS ITSELF III. WHAT THE WORLD NEEDS NOW IV. FUTURE OF LICENSING MUSIC ON THE INTERNET Chapter 2. THE ART OF MUSIC PUBLISHING I. HISTORICAL BACKGROUND II. MUSIC PUBLISHING TODAY III. SOURCES OF MUSIC PUBLISHING INCOME IV. DISTRIBUTION OF MUSIC PUBLISHING INCOME V. ORGANIZATION OF THE MUSIC PUBLISHER VI. HOW TO ESTABLISH A MUSIC PUBLISHING COMPANY VII. THE FUTURE OF MUSIC PUBLISHING Chapter 3. SONGWRITING AGREEMENTS I. SELECTING A MUSIC PUBLISHER II. NEGOTIATING THE SONGWRITER/ PUBLISHER RELATIONSHIP III. NEGOTIATING THE SINGLE SONG MUSIC PUBLISHING AGREEMENT IV. NEGOTIATING THE EXCLUSIVE TERM SONGWRITER AGREEMENT V. COLLABORATORS ;VI. SUMMARY Chapter 4. CO-PUBLISHING AND ADMINISTRATION I. CO-PUBLISHING AGREEMENTS II. ADMINISTRATION AGREEMENTS III. COLLECTION AGREEMENT Chapter 5. INTERNATIONAL SUBPUBLISHING I. BUSINESS BACKGROUND II. SELECTING A SUBPUBLISHER III. NEGOTIATING THE SUBPUBLISHING AGREEMENT IV. WORKING WITH YOUR SUBPUBLISHER Chapter 6. THE SPLIT COPYRIGHT SYNDROME I. LEGAL BACKGROUND II. THE PROBLEM — AN ILLUSTRATIVE EXAMPLE III. THE MUSIC CLEARANCE INDUSTRY— A PARTIAL SOLUTION IV. TIP ON CLEARING LICENSES FROM MULTIPLE CO-OWNERS V. COMMENT ON PRUDENT COPYRIGHT ADMINISTRATION VI. CURING THE SPLIT COPYRIGHT SYNDROME VII. THE FINAL SOLUTION — COMPULSORY LICENSE? VIII. CONCLUSION Chapter 7. THE LANGUAGE OF MUSIC LICENSING I. MUSIC AS PROPERTY II. COPYRIGHT III. RIGHT VERSUS LICENSE IV. OWNERSHIP OF MUSIC V. WORKS MADE FOR HIRE VI. JOINT OWNERSHIP OF MUSIC VII. NON-OWNERSHIP OF MUSIC — THE PUBLIC DOMAIN VIII. DERIVING INCOME FROM MUSIC IX. TYPES OF LICENSES FOR MUSIC X. DIFFERENCES IN THE RIGHTS AND PRIVILEGES OF HOLDERS OF EXCLUSIVE RIGHTS AND NON-EXCLUSIVE LICENSES XI. AVOIDING CONFUSION — EXCLUSIVE RIGHT VERSUS NON- EXCLUSIVE LICENSE XII. AVOIDING CONFUSION — UNDERSTANDING OWNERSHIP OF THE ‘‘UNDIVIDED’’ COPYRIGHT XIII. AVOIDING CONFUSION — SELLING, ASSIGNING, GRANTING, AND LICENSING XIV. THE LANGUAGE OF THE ART Chapter 8. FORMALITIES OF MUSIC LICENSING I. FORMALITIES OF ASSIGNMENT II. FORMALITIES OF LICENSING III. GET IT IN WRITING IV. LETTER FORM VERSUS CONTRACT FORM V. REFERENCE TO THE PARTIES VI. STANDARD TERMS AND CONDITIONS VII. FORMS USED IN THIS BOOK Chapter 9. DURATION OF COPYRIGHT ASSIGNMENTS OF COPYRIGHT, AND LICENSES I. INTRODUCTION II. DURATION OF COPYRIGHT III. RENEWAL OF COPYRIGHT IV. DURATION OF ASSIGNMENTS OF COPYRIGHT V. DURATION OF AN ASSIGNMENT OF RENEWAL COPYRIGHT VI. DURATION OFLICENSES VII. AFTER LIFE Chapter 10. BASIC CONSIDERATIONS IN MUSIC LICENSING I. BASIC MUSIC LICENSING FACTORS II. COMMON TERMS AND CONDITIONS REGARDING FEES AND PAYMENT III. COMMONLY USED BOILERPLATE TERMS AND CONDITIONS IV. AFFILIATED COMPANY PROBLEM V. GENERAL ADVICE TO MUSIC COPYRIGHT OWNER — ALWAYS ENCOURAGE ACTIVITY IN THE SONG VI. 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 I. THE ART OF GRANTING LICENSES II. THE ART OF CLEARING LICENSES III. SUMMARY Chapter 12. LICENSING MUSIC IN PRINT AND DIGITAL PRINT I. HISTORICAL BACKGROUND II. TYPES OF PRINTED MUSIC III. TYPES OF DIGITAL PRINT IV. PREPARATION AND DISTRIBUTION OF PRINTED MUSIC IV. LEGAL BACKGROUND IV. CONSIDERATIONS IN GRANTING EXCLUSIVE PRINT RIGHTS V. CONSIDERATIONS IN GRANTING PHYSICAL PRINT LICENSES VI. CONSIDERATIONS IN GRANTING DIGITAL PRINT LICENSES VII. CONSIDERATIONS IN GRANTING RENTAL FEES FOR PERFORMANCE MATERIALS VII. CONCLUSION Chapter 13. LICENSING MUSIC IN SOUND RECORDINGS I. HISTORICAL BACKGROUND II. LEGAL BACKGROUND III. CONSIDERATIONS IN GRANTING AND CLEARING MECHANICAL LICENSES IN THE U.S. IV. ANALYSIS OF STANDARD U.S. MECHANICAL LICENSE TERMS V. CLEARING THE MECHANICAL LICENSE IN THE U.S. VI. MECHANICAL RIGHTS AGENCIES IN THE U.S. VII. INTERNATIONAL MECHANICAL RIGHTS ADMINISTRATION Chapter 14. LICENSING MUSIC IN BACKGROUND MUSIC SERVICES, DIGITAL JUKEBOXES, AND OTHER COMMERCIAL REPRODUCTIONS (ELECTRICAL TRANSCRIPTION LICENSES) I. DISTINCTION BETWEEN MECHANICAL LICENSES AND ELECTRICAL TRANSCRIPTION LICENSES II. TYPES OF ELECTRICAL TRANSCRIPTIONS III. CONSIDERATIONS IN GRANTING AND CLEARING ELECTRICAL TRANSCRIPTION LICENSES IV. TYPICAL LICENSE FEES FOR ELECTRICAL TRANSCRIPTION LICENSES V. RIGHTS AGENCIES Chapter 15. LICENSING MUSIC IN AUDIOVISUAL WORKS (SYNCHRONIZATION LICENSES FOR THEATRICAL FILMS, TELEVISION PROGRAMS, MUSIC VIDEOS , ETC.) I. HISTORICAL BACKGROUND II. CONSIDERATIONS IN GRANTING AND CLEARING SYNCHRONIZATION LICENSES III. THEATRICAL MOTION PICTURE TRAILERS IV. PROMOTIONAL MUSIC VIDEOS V. NON-THEATRICAL BUSINESS VIDEO PROGRAMS VI. HOME VIDEO DEVICES VII. INTERNET VIDEO STREAMING VIII. INTERNET VIDEO DOWNLOADING IX. USER GENERATED CONTENT X. CLEARING THE SYNCHRONIZATION LICENSE XI. TYPICAL FEES FOR THE SYNCHRONIZATION LICENSE XII. CONCLUSION Chapter 16. THE USER-GENERATED CONTENT PHENOMENON I. INTRODUCTION II. LEGAL BACKGROUND III. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR USE OF MUSIC IN USER GENERATED CONTENT—BY YOUTUBE IV. SUMMARY OF YOUTUBE LICENSE TERMS V. CONCLUSION Chapter 17. OLD LICENSES, NEW USES I. TYPES OF OLD SYNCHRONIZATION LICENSES II. DETERMINING THE SCOPE OF AMBIGUOUS LICENSES — A SUGGESTED APPROACHIII. AVOIDING AMBIGUITY Chapter 18. LICENSING MUSIC IN LIVE AND RECORDED PUBLIC PERFORMANCES I. HISTORICAL BACKGROUND II. LEGAL BACKGROUND III. PERFORMANCE RIGHTS SOCIETIES TODAY IV. PERFORMANCE LICENSE GRANTS TO PERFORMANCE RIGHTS SOCIETIES V. CONSIDERATIONS IN GRANTING AND CLEARING PERFORMANCE LICENSES VI. COLLECTION OF PERFORMANCE ROYALTIES FROM MUSIC USERS VII. DISTRIBUTION OF PERFORMANCE ROYALTIES TO PUBLISHER AND WRITER MEMBERS Chapter 19. THE GRAND RIGHTS CONTROVERSY I. OVERVIEW OF THEATRICAL MUSICAL PRODUCTIONS II. OVERVIEW OF NON-THEATRICAL PRODUCTIONS III. LEGAL BACKGROUND IV. DISTINGUISHING BETWEEN DRAMATIC RIGHTS, NONDRAMATIC RIGHTS AND GRAND RIGHTS V. GRAND RIGHTS DISTINGUISHED FROM DRAMATIC RIGHTS VI. ANALYSIS OF VARIOUS DRAMATIC AND NONDRAMATIC USES OF MUSIC VII. RECENT COURT CASES VIII. GRAND RIGHT IN A PERSON’S LIFE STORY? IX. BROADCAST OF AN ENTIRE ALBUM X. THEME PARK RIDES AND ATTRACTIONS XI. DRAMATIC ADAPTATION RIGHTS XI. DETERMINING WHO HAS THE RIGHT TO LICENSE THESE USES XII. LICENSING CONSIDERATIONS XIII. RECOMMENDATIONS AND SUMMARY Chapter 20. LICENSING MUSIC IN TELEVISION, RADIO, PRINT, AND INTERNET ADVERTISING I. INDUSTRY BACKGROUND II. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES TO USE MUSIC IN ADVERTISING III. PRINT ADVERTISING IV. CONCLUSION Chapter 21. LICENSES FOR MUSIC BOXES, CONSUMER MUSICAL PRODUCTS AND OTHER MERCHANDISE I. BACKGROUND II. CONSIDERATIONS IN GRANTING AND CLEARING MUSICAL PRODUCT LICENSES III. PRINTING OF MUSIC OR LYRICS Chapter 22. LICENSING MUSIC IN VIDEOGAMES AND OTHER NEW MEDIA AND MULTIMEDIA DEVICES AND ONLINE VERSIONS I. TECHNOLOGICAL DEVELOPMENTS II. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR DEVICES CONTAINING MULTIMEDIA PROGRAMS—IN GENERAL III. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR USE OF EXISTING MUSIC IN VIDEOGAMES IV. CONSIDERATIONS IN ENTERING INTO COMPOSER AGREEMENTS FOR THE USE OF MUSIC IN VIDEOGAMES V. ADDITIONAL CONSIDERATIONS IN CLEARING LICENSES FOR MULTIMEDIA AND NEW MEDIA PRODUCTS Chapter 23. LICENSING OF SOUND RECORDINGS I. CREATING SOUND RECORDINGS II. FINANCING AND DISTRIBUTING SOUND RECORDINGS III. SOURCES OF RECORD COMPANY REVENUES IV. LEGAL BACKGROUND V. CONSIDERATIONS IN GRANTING LICENSES FOR THE USE OF SOUND RECORDINGS VI. CONCLUSION Chapter 24. THE DIGITAL SAMPLING CONTROVERSY I. TECHNICAL BACKGROUND II. RECENT RECORDING PRACTICES III. LEGAL BACKGROUND IV. CONSIDERATIONS IN GRANTING AND CLEARING LICENSES FOR DIGITAL SAMPLES V. CONCLUSION Chapter 25. THE FAIR USE CONTROVERSY I. LEGAL BACKGROUND II. FAIR USE IN MUSIC LICENSING Chapter 26. TYPICAL LICENSE FEES I. OVERVIEW II. PRINT AND DIGITAL PRINT LICENSE FEES III. MECHANICAL LICENSE FEES IV. ELECTRICAL TRANSCRIPTION FEES V. SYNCHRONIZATION FEES VI. COMMERCIAL ADVERTISING LICENSE FEES VII. MUSIC BOXES AND COMMERCIAL PRODUCT LICENSE VIII. VIDEOGAMES, COMPUTER SOFTWARE, MULTIMEDIA IX. NEEDLEDROP OR PRODUCTION MUSIC LIBRARY X. LIVING STAGE PERFORMANCE FEES XI. THEME PARK LICENSE FEES XII. DIGITAL SAMPLING LICENSE FEES “The bible of legal issues in the music world.” -USA Today “ Without questions, this is THE book of music licensing and should be the first place to look for anyone who has a question.” - The Licensing Journal “This book contains the best material I have ever read on the subject of clearing permission to use music. It’s well written, to the point, and a pleasure to read. The authors have done a great service to both the music industry and to music users.” - Ron Gertz, Esq., Chief Executive Officer, Clearing House, Ltd. “This is the rarest of items, an entertaining treatise. The book reads more like a good college course on the subject than a dry recitation of facts and laws relating to music licensing…” - Howard D. Leib, Chair, Section’s Committee on the Music and Recording Industry, New York State Bar Association “This book enfolds wisdom, information and advice, lightened with a little bit of charm to go along with fact.” - Irving Caesar, writer of the lyrics to Tea for Two, Swanee, and Crazy Rhythm. “This book is a remarkable gift. It’s much more than facts and figures. It’s even much more than sound advice and a lifetime of wisdom.” - Peter Yarrow, member of Peter, Paul & Mary, and co-writer of the songs Puff the Magic Dragon, Weave Me the Sunshine, Light One Candle, Torn Between Two Lovers, and Day is Done Drafting License Agreements, Fourth Edition Michael A. Epstein, Frank L. Politano Deal quickly and effectively with today's most complex licensing issues with the insights and guidance of 23 experts who offer their licensing know-how and drafting techniques in the Fourth Edition of Drafting License Agreements. In two comprehensive volumes, you will find time-saving clause more... Add to cart   |  Price: $664.00  |  ISBN: 9780735533790  |  Format: Looseleaf  Imprint: Aspen Publishers  Licensing Journal Gregory J. Battersby, Charles W. Grimes The Licensing Journal is the leading source of in-depth, practice-oriented licensing guidance by top attorneys in intellectual property, computer technology, and entertainment law. Published ten times a year, it contains valuable strategies, cautionary tips, and creative approaches to structure th more... Add to cart   |  Price: $599.00  |  PIN: 9900057000  |  Format: Journal  Imprint: Aspen Publishers