Secondary sources are materials that discuss, explain, analyze, and critique the law. They discuss the law, but are not the law itself. Secondary sources, such as Law Journals, Encyclopedias, and Treatises are a great place to start your legal research. Unlike primary sources (case law, statutes, regulations, etc.), secondary sources will help you learn about an area of law, provide you with the scope of the law, and will provide you with citations to applicable and relevant primary law materials.
All You Need to Know about the Music Business by
All You Need to Know About the Music Business by veteran music lawyer Don Passman--dubbed "the industry bible" by the Los Angeles Times--is now updated to address the biggest transformation of the music industry yet: streaming. For more than twenty-five years, All You Need to Know About the Music Business has been universally regarded as the definitive guide to the music industry. Now in its tenth edition, Donald Passman leads novices and experts alike through what has been the most profound change in the music business since the days of wax cylinders and piano rolls. For the first time in history, music is no longer monetized by selling something--it's monetized by how many times listeners stream a song. And that completely changes the ecosystem of the business, as Passman explains in detail. Since the advent of file-sharing technology in the late 1990s to the creation of the iPod, the music industry has been teetering on the brink of a major transformation--and with the newest switch to streaming music, this change has finally come to pass. Passman's comprehensive guide offers timely, authoritative information from how to select and hire a winning team of advisors and structure their commissions and fees; navigate the ins and outs of record deals, songwriting, publishing, and copyrights; maximize concert, touring, and merchandising deals; and how the game is played in a streaming world. "If you want to be in music, you have to read this book," says Adam Levine, lead singer and guitarist of Maroon 5. With its proven track record, this updated edition of All You Need to Know About the Music Business is more essential than ever for musicians, songwriters, lawyers, agents, promoters, publishers, executives, and managers--anyone trying to navigate the rapid transformation of the industry.
Call Number: Walker Management Library, Stacks ML3790 .P35 2019 .P35 2019ISBN: 9781501122187Publication Date: 2019-10-29
Concepts of Music and Copyright by
Copyright specialists have often focused on the exploitation of copyright of music and on infringement, but not on the question of how copyright conceptualises music. This highly topical volume brings together specialists in music, musicology and copyrigh
Call Number: K1450 .C56 2015ISBN: 9781783478187Publication Date: 2015-12-30
Creative License by
How did the Depression-era folk-song collector Alan Lomax end up with a songwriting credit on Jay-Z's song "Takeover"? Why doesn't Clyde Stubblefield, the primary drummer on James Brown recordings from the late 1960s such as "Funky Drummer" and "Cold Sweat," get paid for other musicians' frequent use of the beats he performed on those songs? The music industry's approach to digital sampling--the act of incorporating snippets of existing recordings into new ones--holds the answers. Exploring the complexities and contradictions in how samples are licensed, Kembrew McLeod and Peter DiCola interviewed more than 100 musicians, managers, lawyers, industry professionals, journalists, and scholars. Based on those interviews, Creative License puts digital sampling into historical, cultural, and legal context. It describes hip-hop during its sample-heavy golden age in the 1980s and early 1990s, the lawsuits that shaped U.S. copyright law on sampling, and the labyrinthine licensing process that musicians must now navigate. The authors argue that the current system for licensing samples is inefficient and limits creativity. For instance, by estimating the present-day licensing fees for the Beastie Boys' Paul's Boutique (1989) and Public Enemy's Fear of a Black Planet (1990), two albums from hip-hop's golden age, the authors show that neither album could be released commercially today. Observing that the same dynamics that create problems for remixers now reverberate throughout all culture industries, the authors conclude by examining ideas for reform. Interviewees include David Byrne, Cee Lo Green, George Clinton, De La Soul, DJ Premier, DJ Qbert, Eclectic Method, El-P, Girl Talk, Matmos, Mix Master Mike, Negativland, Public Enemy, RZA, Clyde Stubblefield, T.S. Monk.
Call Number: KF3035 .M38 2011 & Online AccessISBN: 9780822348641Publication Date: 2011-03-14
Kohn on Music Licensing by
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. Kohn on Music Licensing, Fifth 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. Analyses the newly enacted Music Modernization Act, signed into law in September 2018, which significantly changed the way music is licensed in sound recordings in the United States. 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 video games, 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 Fifth Edition. New topics include: The Music Modernization Act, enacted in 2018, which changed the way music is licensed in sound recordings in the United States. Mechanical license fee regimes, including rates for ringtones and on-demand streaming for U.S., Canada, and U.K. Webcasting rates in the U.S., Canada, and U.K. A discussion of the right of publicity in the context of digital sampling. Print License chapter has an updated discussion on adaptation right as well as examines terms for digital print, digital guitar tabs, etc. Custom musical arrangements are also covered. Synch License chapter now covers terms for downloading and streaming of video. Previous Edition: Kohn on Music Licensing, Fourth Edition, ISBN : 9780735590908
Call Number: Law Reserves KF3035 .K64 2019ISBN: 9781543803860Publication Date: 2018-12-24
Music and Copyright by
The highly topical area of copyright law, as applied to music, is widely misunderstood by lawyers, business people, and - perhaps most seriously - the federal judiciary. More than ever, there is a need to understand music infringement issues within the context of copyright litigation. In Musicand Copyright, Ron Rosen provides readers with a practical and strategic roadmap to the music-infringement litigation process, beginning with the client's claim or defense and continuing through the selection and use of trial experts, discovery, motion practice, and trial. Renowned for his expertise and career-long commitment to entertainment, intellectual property, and commercial litigation, Ron Rosen has condensed his experience into an essential guide for anyone involved in music-infringement litigation. Packed with elucidating examples from the author's own practice, Music and Copyright navigates the often thorny terrain between notions of the legal and the musical providing practical advice, case studies, forms, and commentary along the way.
Call Number: KF3035 .R67 2008ISBN: 9780195338362Publication Date: 2008-10-27
Music Copyright Law by
Gain an in-depth understanding of a topic that is vital to the success of anyone in or entering the music industry, with MUSIC COPYRIGHT LAW. From songwriters and performers to managers, producers, and agents - everyone is affected by the issues covered in this book. Avoiding the technical jargon and "lawyerspeak" that bogs down other books on the subject, the book explores the world of copyright law and hones in on how it applies to music. It begins by building a foundational knowledge of the fundamentals of copyright law, what it protects, the benefits of registering a copyright, and what to do when copyright has been infringed. Once the fundamentals are established, coverage expands to include controversies involving copyright and music in the digital age and the debates over online music. Packed with practical examples that bring complex concepts to life, this book is a must-have for any professional in or entering music business.
Call Number: KF3035 .M67 2012 & Online Access (VU)ISBN: 9781435459724Publication Date: 2012
Music Law by
How to make your band a huge business success Whether you're recording an album, budgeting a tour, or insuring your vintage guitar, you need solid information to make the right legal and business choices. Music Law is the all-in-one guide you need. Written by musician and lawyer Rich Stim, it explains everything you need to: write a partnership agreement buy, insure, and maintain equipment use samples and do covers register your band's name sell and license your music get royalties for streaming and downloads deal with taxes and deductions find the right manager and write a fair contract get gigs and get paid protect your copyright legally deal with legal issues in the recording studio, and understand record contracts. This is quite simply the best business and legal guide for bands ever written. Completely updated to provide the latest in the law and current business practices, it covers music licensing and trends affecting the digital-music scene.
Call Number: Upper Level KF390.E57 S87 2018ISBN: 9781413325607Publication Date: 2018-09-30
Music Law for the General Practitioner by
Music law involves several key substantive areas of law copyrights, trademarks, and identity rights, to name a few. While traditional entities such as songwriters and record companies have always existed, technological advances in digital distribution have brought important new players into the mix. Concerns about the usage rights of digital music have emerged as well as agreements arising from the use of music in advertising and branding. Inexpensive duplication technology, the portability and ubiquity of mobile music devices, and the ease of transmitting digital files have also become areas of concern. Music Law for the General Practitioner provides lawyers with comprehensive information on the business and legal topics that are likely to be encountered when representing a musical talent, producer, or consumer. Topics include: - Music publishing - Financing of bands - Record companies and producers - Agents - Taxes - Musicians estate
Call Number: Upper Level KF4291 .L43 2013ISBN: 9781627221535Publication Date: 2014-08-07
Music Law in the Digital Age by
(Berklee Press). With the free-form exchange of music files and musical ideas online, understanding copyright laws has become essential to career success in the new music marketplace. This cutting-edge, plain-language guide shows you how copyright law drives the contemporary music industry. By looking at the law and its recent history, you will understand the new issues introduced by the digital age, as well as continuing issues of traditional copyright law. Whether you are an artist, lawyer, entertainment Web site administrator, record label executive, student, or other participant in the music industry, this book will help you understand how copyright law affects you, helping you use the law to your benefit. * How do you get fair compensation for your work and avoid making costly mistakes? * Can you control who is selling your music on their website? * Is it legal to create mash-ups? * What qualifies as fair use? * How do you clear another artist's samples to use in your own recordings? * What is the Creative Commons/Copyleft movement? * How do you clear music for use in an online music service or store? * Who decides who gets paid how much and by whom? You will learn the answers to these questions as well as: * The basics of copyright law, looking at the Copyright Act while explaining it in plain language * How revenue streams for music are generated under copyright law * The reasoning behind high-profile court decisions related to copyright violations *What licenses are needed for the legal online delivery of music * The intricacies of using music on sites like YouTube, Pandora, and Spotify * Deficiencies in current copyright law and new business model ideas
Call Number: Upper Level KF3035 .B37 2017ISBN: 9780876391730Publication Date: 2017-05-01
The Piracy Crusade by
In the decade and a half since Napster first emerged, forever changing the face of digital culture, the claim that "internet pirates killed the music industry" has become so ubiquitous that it is treated as common knowledge. Piracy is a scourge on legitimate businesses and hard-working artists, we are told, a "cybercrime" similar to identity fraud or even terrorism. In The Piracy Crusade, Aram Sinnreich critiques the notion of "piracy" as a myth perpetuated by today's cultural cartels -- the handful of companies that dominate the film, software, and especially music industries. As digital networks have permeated our social environment, they have offered vast numbers of people the opportunity to experiment with innovative cultural and entrepreneurial ideas predicated on the belief that information should be shared widely. This has left the media cartels, whose power has historically resided in their ability to restrict the flow of cultural information, with difficult choices: adapt to this new environment, fight the changes tooth and nail, or accept obsolescence. Their decision to fight has resulted in ever stronger copyright laws and the aggressive pursuit of accused infringers. Yet the most dangerous legacy of this "piracy crusade" is not the damage inflicted on promising start-ups or on well-intentioned civilians caught in the crosshairs of file-sharing litigation. Far more troubling, Sinnreich argues, are the broader implications of copyright laws and global treaties that sacrifice free speech and privacy in the name of combating the phantom of piracy -- policies that threaten to undermine the foundations of democratic society.
Call Number: K1450 .S57 2013ISBN: 9781625340528Publication Date: 2013-12-11
Treatises in the Catalog:
Bootlegging: romanticism and copyright in the music industry by
'A valuable and distinctive contribution to the penumbra debate, refreshingly shedding light on some of the clichés of copyright, and alerting readers to the extra-legal factors that cannot be ignored in any socially-embedded study of copyright' - Stuart Hannabuss, Aberdeen Business School 'Bootlegging is a smart, provocative and highly readable analysis of the high theory and low practices of music copyright and its transgressors. It is most refreshing to read a sociological analysis of a topic usually left to lawyers and industry apologists. An essential book for anyone who wants to understand the contemporary music industry' Simon Frith - Professor of Film and Media Studies, University of Stirling. Bootlegs - live concert recordings or studio outtakes reproduced without the permission of the rights holder - hold a prominent position in the pantheon of popular music. They are also much misrepresented and this fascinating book constitutes the first full length academic treatment of the subject. By examining the centrality of Romantic authorship to both copyright and the music industry, the author highlights the mutual dependence of capitalism and Romanticism, which situates the individual as the key creative force while challenging the commodification of art and self. Marshall reveals how the desire for bootlegs is driven by the same ideals of authenticity employed by the legitimate industry in its copyright rhetoric and practice and demonstrates how bootlegs exist as an antagonistic but necessary component of an industry that does much to prevent them. This book will be of great interest to researchers and students in the sociology of culture, social theory, cultural studies and law.
ISBN: 9781847871442Publication Date: 2005-01-01
Pop Song Piracy disobedient music distribution since 1929 by
The music industry’s ongoing battle against digital piracy is just the latest skirmish in a long conflict over who has the right to distribute music. Starting with music publishers’ efforts to stamp out bootleg compilations of lyric sheets in 1929, Barry Kernfeld’s Pop Song Piracy details nearly a century of disobedient music distribution from song sheets to MP3s. In the 1940s and ’50s, Kernfeld reveals, song sheets were succeeded by fake books, unofficial volumes of melodies and lyrics for popular songs that were a key tool for musicians. Music publishers attempted to wipe out fake books, but after their efforts proved unsuccessful they published their own. Pop Song Piracy shows that this pattern of disobedience, prohibition, and assimilation recurred in each conflict over unauthorized music distribution, from European pirate radio stations to bootlegged live shows. Beneath this pattern, Kernfeld argues, there exists a complex give and take between distribution methods that merely copy existing songs (such as counterfeit CDs) and ones that transform songs into new products (such as file sharing). Ultimately, he contends, it was the music industry’s persistent lagging behind in creating innovative products that led to the very piracy it sought to eliminate.
ISBN: 0226431827Publication Date: 2011-10-01
Steal This Music: How Intellectual Property Law Affects Musical Creativity by
Is music property? Under what circumstances can music be stolen? Such questions lie at the heart of Joanna Demers's timely look at how overzealous intellectual property (IP) litigation both stifles and stimulates musical creativity. A musicologist, industry consultant, and musician, Demers dissects works that have brought IP issues into the mainstream culture, such as DJ Danger Mouse's "Grey Album" and Mike Batt's homage-gone-wrong to John Cage's silent composition "4'33." Demers also discusses such artists as Ice Cube, DJ Spooky, and John Oswald, whose creativity is sparked by their defiant circumvention of licensing and copyright issues. Demers is concerned about the fate of transformative appropriation--the creative process by which artists and composers borrow from, and respond to, other musical works. In the United States, only two elements of music are eligible for copyright protection: the master recording and the composition (lyrics and melody) itself. Harmony, rhythm, timbre, and other qualities that make a piece distinctive are virtually unregulated. This two-tiered system had long facilitated transformative appropriation while prohibiting blatant forms of theft. The advent of digital file sharing and the specter of global piracy changed everything, says Demers. Now, record labels and publishers are broadening the scope of IP "infringement" to include allusive borrowing in all forms: sampling, celebrity impersonation--even Girl Scout campfire sing-alongs. Paying exorbitant licensing fees or risking even harsher penalties for unauthorized borrowing have become the only options for some musicians. Others, however, creatively sidestep not only the law but also the very infrastructure of the music industry. Moving easily between techno and classical, between corporate boardrooms and basement recording studios, Demers gives us new ways to look at the tension between IP law, musical meaning and appropriation, and artistic freedom.
ISBN: 0820327107Publication Date: 2006-02-27
Substantial Similarity in Copyright Law by
The first treatise to focus exclusively on this important but elusive concept in copyright law, the new "Substantial Similarity in Copyright Law" gives you an essential understanding of the element that determines a central question: What constitutes wrongful copying? Designed as a systematic approach to the analysis of substantive similarity, this much-needed new resource concentrates on the key factors that the courts use to compare works in copyright infringement litigation. The book examines substantial similarity as a concept and shows how it differs from probative similarity and striking similarity two related but different principles. It then helps you to distinguish between similarities that trigger a finding of wrongful copying and those similarities that dont. "Substantial Similarity in Copyright Law" clarifies for you the principal tests that the courts use in considering substantial similarity, which are all designed to help determine whether the copying is quantitatively and qualitatively sufficient to support the conclusion of infringement.
Call Number: Upper Level KF2994 .O78ISBN: 1402403410Publication Date: Began in 2003
The Truth about the Music Business
This book guides the reader through the variety of stages and steps one takes to make a professional music career into a legal business. It covers important topics that every musician should fully understand before signing a contract, making a recording, or fully pursuing a career. With a straightforward, plain-English approach, this book is written by an attorney who has been on both sides of the desk in the music business. With the advent of modern computer recording technology, more musicians are producing music for sales and seeking careers than ever before. With those careers comes the need for understanding and planning a career that goes past where the next gig is. This useful and easy-to-follow guide helps the reader do just that, therefore providing a path to gain more control over his/her music career.
Call Number: Online AccessISBN: 1592007635Publication Date: 2005-02-18
Treatises on Lexis:
- Milgrim on LicensingA guide to intellectual property transactions that covers licensing in all substantive areas of intellectual property, and provides practical guidance on drafting individuals clauses and complete agreements. Includes information on antitrust considerations.
- Nimmer on CopyrightThis ten-volume treatise is considered to be one of the most authoritative works on copyright law, covering constitutional, statutory and common law issues. Included are full-text of laws, regulations and international conventions and forms and jury instructions. There are also extensive citations to relevant primary and secondary authorities.
Treatises on Westlaw:
- Entertainment Law: Legal Concepts and Business PracticesThis multi-volume set is a complete reference for business attorneys who structure entertainment deals, negotiate contracts or litigate disputes involving the entertainment industry.
- Lindey on Entertainment, Publishing & the ArtsProvides expert coverage of entertainment law, mass communications, and the arts. Includes forms and detailed guidance for drafting agreements. Updated three times a year. Also has an index.
This page provides examples of some of the books that are available in print and online through the Vanderbilt Library system. Because books are cataloged by subject, you may want to consider finding one that looks relevant and then browsing the shelf around it for similar titles when looking for print sources. You can access the Vanderbilt Libraries catalog here and search for additional books.
- Google Scholar Vanderbilt Login This link opens in a new window
Use this link to seamlessly access VU resources via Google Scholar both on and off campus.
You can also adjust your Google Scholar settings to display the Vanderbilt Findit@VU link to appear in search results and allow for access from on or off-campus. Access Google Scholar settings by visiting this page (https://scholar.google.com/scholar_settings).
Click library links on the left hand menu. in the search box, search for Vanderbilt and select: “Vanderbilt University Library – Findit@VU” (with uppercase F), Click Save.
- HeinOnline This link opens in a new windowFor purposes of your seminar classes, you may find the Law Journal Library particularly useful.
- Index to Legal Periodicals and Books This link opens in a new windowLegal information, with international coverage of scholarly articles, symposia, jurisdictional surveys, court decisions, legislation, books, book reviews, law review and other legal periodicals articles, etc.
- LegalTrac This link opens in a new windowIndexing for major law reviews, legal newspapers, bar association journals, and international legal journals. Law-related articles from business and general interest titles.
- Lexis+ This link opens in a new windowLegal research system for Vanderbilt Law School faculty, students, and staff. On Lexis Advance, you can limit your search to Secondary Sources and Area of Law before using the main search bar. Once in your search results, it is possible to filter the results to Law Reviews and Journals.
- Opposing Viewpoints in Context (OV or OVIC) This link opens in a new window
Pro and con articles on important social, political, and economic issues. Reference articles that provide context, magazines, newspapers, primary source documents, government and organizational statistics, and links.
- Westlaw This link opens in a new windowLegal research system for Vanderbilt Law School faculty, students, and staff. On Westlaw, you can limit your search to law reviews by choosing Secondary Sources and then Law Reviews & Journals under All Content.
There are several law reviews and journals dedicated to entertainment law issues; however, note that scholarly articles on music and entertainment law may also appear in journals that are general in nature, so you should not limit your research only to entertainment- or music law-specific journals.
- Antitrust Law Reviews & Journals on WestlawA collection of law journals dealing with topics of antitrust law.
- Copyright Law Reviews and Journals on LexisA collection of law journals dealing with topics of copyright law.
- Intellectual Property & Entertainment Journals on WestlawA collection of law journals dealing with topics of intellectual property and/or entertainment law.
Some specific journals that publish articles on entertainment law and the arts include:
