Digital Performance Right In Sound Recordings Act
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Digital Performance Right In Sound Recordings Act
The Digital Performance Right in Sound Recordings Act of 1995 (DPRA) is a United States Copyright law that grants owners of a copyright in sound recordings an exclusive right “to perform the copyrighted work publicly by means of a digital audio transmission.”17 U.S.C. § 106(6) The DPRA was enacted in response to the absence of a performance right for sound recordings in the Copyright Act of 1976 and a fear that digital technology would stand in for sales of physical records. The performance right for sound recordings under the DPRA is limited to transmissions over a digital transmission, so it is not as expansive as the performance right for other types of copyrighted works. The Digital Millennium Copyright Act (DMCA), enacted in 1998, modified the DPRA. Three-tier System The DPRA categorizes services under three tiers, based on the service’s potential impact on record sales. First, non-subscription broadcast transmissions are exempt from requirements to pay lice ...
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Copyright Act Of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978. History and purpose Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act. Television, motion pictures, sound recordings, and radio were cited as examples. The Act was designed in part to address intellectual property questions raised by these new forms of communication. Aside ...
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Orrin Hatch
Orrin Grant Hatch (March 22, 1934 – April 23, 2022) was an American attorney and politician who served as a United States senator from Utah from 1977 to 2019. Hatch's 42-year Senate tenure made him the longest-serving Republican U.S. senator in history, though Chuck Grassley is expected to surpass him in 2023. Hatch chaired the Senate Committee on Health, Education, Labor, and Pensions from 1981 to 1987. He served as chair of the Senate Judiciary Committee from 1995 to 2001 and 2003 to 2005. On January 3, 2015, after the 114th United States Congress was sworn in, he became president pro tempore of the Senate. He was chair of the Senate Finance Committee from 2015 to 2019, and led efforts to pass the Tax Cuts and Jobs Act of 2017. Early life and education Orrin Grant Hatch was born in Homestead, Pennsylvania, a suburb of Pittsburgh. He was the son of Jesse Hatch (1904–1992), a metal lather, and his wife Helen Frances Hatch (née Kamm; 1906–1995). Hatch had eight broth ...
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Republican Party (United States)
The Republican Party, also referred to as the GOP ("Grand Old Party"), is one of the two major contemporary political parties in the United States. The GOP was founded in 1854 by anti-slavery activists who opposed the Kansas–Nebraska Act, which allowed for the potential expansion of chattel slavery into the western territories. Since Ronald Reagan's presidency in the 1980s, conservatism has been the dominant ideology of the GOP. It has been the main political rival of the Democratic Party since the mid-1850s. The Republican Party's intellectual predecessor is considered to be Northern members of the Whig Party, with Republican presidents Abraham Lincoln, Rutherford B. Hayes, Chester A. Arthur, and Benjamin Harrison all being Whigs before switching to the party, from which they were elected. The collapse of the Whigs, which had previously been one of the two major parties in the country, strengthened the party's electoral success. Upon its founding, it supported c ...
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Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its west by Nevada. Utah also touches a corner of New Mexico in the southeast. Of the fifty U.S. states, Utah is the 13th-largest by area; with a population over three million, it is the 30th-most-populous and 11th-least-densely populated. Urban development is mostly concentrated in two areas: the Wasatch Front in the north-central part of the state, which is home to roughly two-thirds of the population and includes the capital city, Salt Lake City; and Washington County in the southwest, with more than 180,000 residents. Most of the western half of Utah lies in the Great Basin. Utah has been inhabited for thousands of years by various indigenous groups such as the ancient Puebloans, Navajo and Ute. The Spanish were the first Europe ...
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Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again from 1983 to 1992, and as attorney general of Arkansas from 1977 to 1979. A member of the Democratic Party, Clinton became known as a New Democrat, as many of his policies reflected a centrist "Third Way" political philosophy. He is the husband of Hillary Clinton, who was a senator from New York from 2001 to 2009, secretary of state from 2009 to 2013 and the Democratic nominee for president in the 2016 presidential election. Clinton was born and raised in Arkansas and attended Georgetown University. He received a Rhodes Scholarship to study at University College, Oxford and later graduated from Yale Law School. He met Hillary Rodham at Yale; they married in 1975. After graduating from law school, Clinton returned to Arkansas ...
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Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual Copyright infringement, infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the Legal liability, liability of the Online service provider, providers of online services for copyright infringement by their ...
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Performing Rights
Performing rights are the right to perform music in public. It is part of copyright law and demands payment to the music's composer/lyricist and publisher (with the royalties generally split 50/50 between the two). Performances are considered "public" if they take place in a public place and the audience is outside of a normal circle of friends and family, including concerts nightclubs, restaurants etc. Public performance also includes broadcast and cable television, radio, and any other transmitted performance of a live song. Permission to publicly perform a song must be obtained from the copyright holder or a collective rights organization. By region United States In the United States, broadcasters can pay for their use of music in one of two ways: they can obtain permission/license directly from the music's copyright owner (usually the publisher), or they can obtain a license from ASCAP, BMI, SESAC to use all of the music in their repertoires. ASCAP, BMI and SESAC are ...
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License
A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract). The simplest definition is "A license is a promise not to sue," because a license usually either permits the licensed party to engage in an activity which is illegal, and subject to prosecution, without the license (e.g. fishing, driving an automobile, or operating a broadcast radio or television station), or it permits the licensed party to do something that would violate the rights of the licensing party (e.g. make copies of a copyrighted work), which, without the license, the licensed party could be ...
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Compulsory License
A compulsory license provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of adjudication or arbitration. In essence, under a compulsory license, an individual or company seeking to use another's intellectual property can do so without seeking the rights holder's consent, and pays the rights holder a set fee for the license. This is an exception to the general rule under intellectual property laws that the intellectual property owner enjoys exclusive rights that it may license – or decline to license – to others. Under UK patent law, a compulsory license is different from a statutory license. Under statutory license, the rate is fixed by law, whereas in case of compulsory license, the rate is left to be negotiated or decided in court. Copyright law In a number of countries, copyright law provides for compulsory licenses of copyrighted works for specific uses. In many cases the r ...
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Copyright Royalty Board
The Copyright Royalty Board (CRB) is a U.S. system of three copyright royalty judges who determine rates and terms for copyright statutory licenses and make determinations on distribution of statutory license royalties collected by the U.S. Copyright Office of the Library of Congress. The board, made up of three permanent copyright royalty judges, was created under the Copyright Royalty and Distribution Reform Act of 2004, which became effective on May 31, 2005, when the Copyright Arbitration Royalty Panel system was phased out. These administrative judges are appointed by the Librarian of Congress. May 2007 webcasting royalty increase On May 1, 2007, after 48 days of oral testimony (and 13,288 pages of written testimony), the Copyright Royalty Board set new rates for webcasting for the 2006–2010 License Period. The rates are higher than the then-existing royalties paid for non-interactive webcasting. One component of rate increase was to remove the cap on the per-station/cha ...
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DMCA
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users. The DMCA's principal innovation in the field of copyri ...
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Performance Right
Performing rights are the right to perform music in public. It is part of copyright law and demands payment to the music's composer/lyricist and publisher (with the royalties generally split 50/50 between the two). Performances are considered "public" if they take place in a public place and the audience is outside of a normal circle of friends and family, including concerts nightclubs, restaurants etc. Public performance also includes broadcast and cable television, radio, and any other transmitted performance of a live song. Permission to publicly perform a song must be obtained from the copyright holder or a collective rights organization. By region United States In the United States, broadcasters can pay for their use of music in one of two ways: they can obtain permission/license directly from the music's copyright owner (usually the publisher), or they can obtain a license from ASCAP, BMI, SESAC to use all of the music in their repertoires. ASCAP, BMI and SESAC ar ...
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