Kohn On Music Licensing

Dear Friends,

We are pleased to announce the release of the 5th Edition of KOHN ON MUSIC LICENSING.

We have been humbled by the overwhelming response to the book since its original publication over 25 years ago. Now widely considered "the bible" of music law, it has found a permanent place on the shelves of both professional copyright practitioners and newcomers to the music business.

Because of the profound changes in the music business since the publication of the previous edition--including the rise of interactive streaming services and the passage of the Music Modernization Act of 2018--a substantial update was in order. We are therefore pleased to present the 5th Edition now available from Wolters Kluwer.

We hope you find this new edition both useful and entertaining. In the meantime, drop us a note. We'd love to hear from you.

-- Bob Kohn

* You may be wondering, naturally, whether the value of the book will be worth what it costs you (a lot for a book!), but it may help you to consider that the book will cost you less than what a good entertainment lawyer will charge you for one hour's work.

Buy Now

Publisher's Description

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 Fifth Edition of Kohn On Music Licensing offers you comprehensive and authoritative guidance.

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, the author, a seasoned attorney and executive in both the entertainment and high-tech industries, provides detailed explanations of the many kinds of music licenses, identifies the critical issues addressed in each, and offers valuable strategy and guidance to both rights owners and prospective licensees.

1. Introduction: The Music Business--Its Past & Future

Walks the reader through the history of the music publishing business, from Tin Pan Alley to the user-generated content phenomena of the present. Explores where music licensing may be headed. Will we learn from past mistakes?

The Way We Were
History Repeats Itself
What the World Needs Now
Future of Licensing Music on the Internet

2. The Art of Music Publishing

Provides the basics of modern music publishing, the organization of music publishers, and traditional and emerging sources of income.

Historical Background
Music Publishing Today
Sources of Music Publishing Income
Distribution of Music Publishing Income
Organization of the Music Publisher
How to Establish a Music Publishing Company
The Future of Music Publishing

3. Songwriter Agreements

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.

Selecting a Music Publisher
Negotiating the Songwriter/Publisher Relationship
Negotiating the Single Song Music Publishing Agreement
Negotiating the Exclusive Term Songwriter Agreement
Collaborators

4. Co-Publishing & Administration Agreements

Guides the reader through the complexities of co-publishing, administration, and collection agreements.

Co-Publishing Agreements
Administration Agreements
Collection Agreements

5. International Sub-publishing

Clause-by-clause analysis of international sub-publishing agreements, with a report on how European anti-trust law is changing the music licensing landscape in Europe.

Business Background
Selecting a Subpublisher
Negotiating the Subpublishing Agreement
Working with Your Subpublisher

6. The Split Copyright Syndrome

The licensing challenges arising from multiple owners of the same copyright. It's only getting worse.

Legal Background
The Problem - An Illustrative Example
The Music Clearance Industry - A Partial Solution
Tip on Clearing Licenses from Multiple Co-Owners
Comment on Prudent Copyright Administration
Curing the Split Copyright Syndrome
The Final Solution - Compulsory License?

7. The Language of Music Licensing

The author's classic introduction to copyright ownership, joint works, divisibility of copyright, and drafting etiquette.

Music as Property
Copyright
Right Versus License
Ownership of Music
Works Made for Hire
Joint Ownership of Music
Non-Ownership of Music - The Public Domain
Deriving Income from Music
Types of Licenses for Music
Differences in the Rights and Privileges of Holders of Exclusive Rights and Non-Exclusive Licenses
Avoiding Confusion - Exclusive Right Versus Non-Exclusive License
Avoiding Confusion - Understanding Ownership of the "Undivided" Copyright
Avoiding Confusion - Selling, Assigning, Granting, and Licensing
The Language of the Art

8. Formalities of Music Licensing

Explains the formalities of copyright assignment and licensing--written, oral, implied, and by operation of law.

Formalities of Assignment
Formalities of Licensing
Get It In Writing
Letter Form Versus Contract Form
Reference to the Parties
Standard Terms and Conditions
Forms Used in this Book

9. Duration of Copyright, Assignments & Licenses

Tackles the most difficult subjects of copyright duration, renewal, and termination of transfers under the U.S. Copyright Act.

Introduction
Duration of Copyright
Renewal of Copyright
Duration of Assignments of Copyright
Duration of an Assignment of Renewal Copyright
Duration of Licenses
After Life

10. Basic Considerations in Music Licensing

Presents the fundamentals of licensing followed by a detailed analysis of common boilerplate provisions in license agreements.

Basic Music Licensing Factors
Common Terms and Conditions Regarding Fees and Payment
Commonly Used Boilerplate Regarding Fees and Payment
Commonly Used Boilerplate Terms and Conditions
Affiliated Company Problem
General Advice to Music Copyright Owner - Always Encourage Activity in the Song
General Advice to Persons Seeking to Clear Licenses - Fully Disclose All the Uses You Might Conceivably Make of the Music

11. The Art of Granting & Clearing Music Licenses

Practical advice to those who need to clear music licenses and to copyright owners seeking to maximize the value of their catalogs.

The Art of Granting Licenses
The Art of Clearing Licenses
Summary

12. Licensing Music in Print & Digital Print (Print Licenses)

Packed with the latest information on digital print, including downloadable sheet music, lyric databases, and user-generated electronic guitar tabs.

Historical Background
Types of Printed Music
Types of Digital Print
Preparation and Distribution of Printed Music
Legal Background
Considerations in Granting Exclusive Print Rights
Considerations in Granting Physical Print Licenses
Considerations in Granting Digital Print Licenses
Considerations in Granting Rental Fees for Performance Materials
Conclusion

13. Licensing Music in Sound Recordings (Mechanical Licenses)

The latest on mechanical licensing for permanent downloads, ringtones, and on-demand streaming in the U.S., Canada, and the United Kingdom. Includes full text and explanation of the Music Modernization Act of 2018.

Historical Background
Legal Background
Considerations in Granting and Clearing Mechanical Licenses in the U.S.
Analysis of Standard U.S. Mechanical License Terms
Clearing the Mechanical License in the U.S.
Mechanical Rights Agencies in the U.S.
International Mechanical Rights Administration

14. Licensing Music in Background Music Services, Digital Jukeboxes, and Other Commercial Reproductions

(Electrical Transcription Licenses)

Includes the latest typical fees paid by these services to music publishers.

Distinction Between Mechanical Licenses and Electrical Transcription Licenses
Types of Electrical Transcriptions
Considerations in Granting and Clearing Electrical Transcription Licenses
Typical License Fees for Electrical Transcription Licenses
Rights Agencies

15. Licensing Music in Audiovisual Works (Synchronization Licenses)

Explains the latest "steps deals" and how publishers are approaching downloading and on-demand streaming of films and TV shows.

Historical Background
Considerations in Granting and Clearing Synchronization Licenses
Theatrical Motion Picture Trailers
Promotional Music Videos
Non-Theatrical Business Video Programs
Home Video Devices
Internet Video Streaming
Internet Video Downloading
User Generated Content
Clearing the Synchronization License
Typical Fees for the Synchronization License
Conclusion

16. The User-Generated Content Phenomenon

What music publishers are doing to address the user-generated content problem. Explores the YouTube agreements.

Introduction
Legal Background
Considerations in Granting and Clearing Licenses for Use of Music in User Generated Content - By YouTube
Summary of YouTube License Terms
Conclusion

17. Old Licenses, New Uses

Explores whether synch licenses issued long ago apply to the downloading or on-demand streaming of films and TV shows.

Types of Old Synchronization Licenses
Determining the Scope of Ambiguous Licenses - a Suggested Approach
Avoiding Ambiguity

18. Licensing Music In Live & Recorded Public Performances (Performance Licenses)

Explains the basics of performance licensing and developments in licensing performances on the Internet.

Historical Background
Legal Background
Performance Rights Societies Today
Performance License Grants to Performance Rights Societies
Considerations in Granting and Clearing Performance Licenses
Collection of Performance Royalties from Music Users
Distribution of Performance Royalties to Publisher and Writer Members

19. The Grand Rights Controversy

Explains the difference between grand rights, dramatic performances, and dramatic adaptations and clears up current confusion on this controversial subject.

Overview of Theatrical Musical Productions
Overview of Non-Theatrical Productions
Legal Background
Distinguishing Between Dramatic Rights, Nondramatic Rights and Grand Rights
Grand Rights Distinguished from Dramatic Rights
Analysis of Various Dramatic and Nondramatic Uses of Music
Recent Court Cases
Grand Right in a Person's Life Story?
Broadcast of an Entire Album
Theme Park Rides and Attractions
Dramatic Adaptation Rights
Determining Who has the Right to License These Uses
Licensing Considerations
Recommendations and Summary

20. Licensing Music in Television, Radio, Print, and Internet Advertising

Covers the basics of licensing music in commercial advertisements, including internet advertising.

Industry Background
Considerations in Granting and Clearing Licenses to Use Music In Advertising
Print Advertising
Conclusion

21. Licensing Music in Music Boxes, Consumer Musical Products, and Other Merchandise

Covers the business and legal considerations of licensing music in commercial merchandise.

Background
Considerations in Granting and Clearing Musical Product Licenses
Printing of Music of Lyrics

22. Licensing Music in Videogames, Other New Media, Multimedia Devices, and Online Versions

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, and karaoke.

Technological Developments
Considerations in Granting and Clearing Licenses for Devices Containing Multimedia Programs - In General
Considerations in Granting and Clearing Licenses for Use of Existing Music in Videogames
Considerations in Entering into Composer Agreements for the Use of Music in Videogames
Additional Considerations in Clearing Licenses for Multimedia and New Media Products

23. Licensing of Sound Recordings (Master Use Licenses, Digital Downloading, and Digital Audio Transmissions)

Takes on the intricacies of licensing sound recordings, from the traditional CD format to the newer delivery methods, including webcasting, permanent downloads, interactive streams, ringtones and ringbacks.

Creating Sound Recordings
Financing and Distributing Sound Recordings
Sources of Record Company Revenue
Legal Background
Considerations in Granting Licenses for the Use of Sound Recordings
Conclusion

24. The Digital Sampling Controversy

Explains the law and gives practical advice on licensing music and sound recordings in digital samples.

Technical Background
Recent Recording Practices
Legal Background
Considerations in Granting and Clearing Licenses for Digital Samples
Conclusion

25. The Fair Use Controversy

Explores the ever-evolving concept of Fair Use and its application to the music industry, including educational uses, parody, and satire.

Legal Background
Fair Use in Music Licensing

26. Typical License Fees

Provides "going rates" for the various kinds of music licenses. It has been said this chapter alone is worth far more than the price of the book.

Overview
Print and Digital Print License Fees
Mechanical License Fees
Electrical Transcription Fees
Synchronization Fees
Commercial Advertising License Fees
Music Boxes and Commercial Product License
Videogames, Computer Software, Multimedia
Needledrop or Production Music Library
Living Stage Performance Fees
Theme Park License Fees
Digital Sample License Fees

Appendix

Includes many of the most important provisions of the Copyright Act affecting music licensing, PLUS a CD-ROM containing 170 license forms.

Praised by

The bible of legal issues in the music world.

-- USA TODAY

Without question, 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 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 Lieb, Chair, Committee on the Music and

Recording Industry,

New York Bar Association.

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., CEO

Music Reports, Inc.

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, songwriter and

member of Peter, Paul & Mary

Chapter 26 presents typical 'going rates' for various kinds of music licenses. Can you say 'worth the price of the book'?...

I'm not saying that buying this book gives you every form you need to handle your music publishing, but well. . . Yes, I am saying that buying this book gives you every form you will need to handle your music publishing.

-- Scott the G-Man,

music publisher

Music Industry News Wire