The rights stuff

You may know all about writing music. But what about your rights and music? That’s what Philip Rothman and David MacDonald unpack on this episode with Jim Kendrick, one of the industry’s foremost experts on the subject. As an attorney and music publisher representing major composers and institutions, Jim has decades of experience navigating the often-complex world of intellectual property on behalf of his clients, and he deftly steers us through the intersection of creativity, copyright, and technology. First we learn about Jim’s journey from oboist, to music publisher, to attorney. Jim then outlines the history of copyright and tells us both when copyright takes effect and what the six exclusive rights in works that copyright owners have. We then discuss the practical effect of those rights and how they can be protected and licensed, as well as the technological changes in the industry over time in terms of producing and distributing music. Music notation software plays an important role in the creation of musical work and we explore what rights engravers and editors might have, or not, in the process of producing a piece of music, and the concept of work-made-for-hire. Finally, we look at ways in which the field is adapting to the reality of licensing music in the digital era, and what is — and isn’t — fair use, and the four factors that determine when it may be legally permissible to copy music. Disclaimer: Our hosts and guest are not speaking on behalf of any clients or organizations with which they may be affiliated, and the content of this program is not legal advice. If you have a need for legal advice, please contact a qualified practitioner.