Misplaced Pages

#651348

107-546: Colonial Records was a record label founded in 1948 by Orville Campbell, a journalist and newspaper publisher in Chapel Hill, North Carolina . Its first release was "All The Way Choo Choo," by the Bell Tones, which Campbell composed with partner Hank Beebe in 1949, about UNC football star Charlie Justice. A recording of the song by bandleader Johnny Long was released on King Records and sold well regionally. Benny Goodman recorded

214-538: A "record group" which is, in turn, controlled by a music group. The constituent companies in a music group or record group are sometimes marketed as being "divisions" of the group. From 1929 to 1998, there were six major record labels, known as the Big Six: PolyGram was merged into Universal Music Group (UMG) in 1999, leaving the remaining record labels to be known as the Big Five. In 2004, Sony and BMG agreed to

321-405: A 50% profit-share agreement, aka 50–50 deal, not uncommon. In addition, independent labels are often artist-owned (although not always), with a stated intent often being to control the quality of the artist's output. Independent labels usually do not enjoy the resources available to the "big three" and as such will often lag behind them in market shares. However, frequently independent artists manage

428-558: A US Senate committee, that the Byrds never received any of the royalties they had been promised for their biggest hits, " Mr. Tambourine Man " and " Turn! Turn!, Turn! ". A contract either provides for the artist to deliver completed recordings to the label, or for the label to undertake the recording with the artist. For artists without a recording history, the label is often involved in selecting producers, recording studios , additional musicians, and songs to be recorded, and may supervise

535-470: A bigger company. If this is the case it can sometimes give the artist greater freedom than if they were signed directly to the big label. There are many examples of this kind of label, such as Nothing Records , owned by Trent Reznor of Nine Inch Nails ; and Morning Records, owned by the Cooper Temple Clause , who were releasing EPs for years before the company was bought by RCA . If an artist and

642-408: A conventional cash advance to sign the artist, who would receive a royalty for sales after expenses were recouped. With the release of the artist's first album, however, the label has an option to pay an additional $ 200,000 in exchange for 30 percent of the net income from all touring, merchandise, endorsements, and fan-club fees. Atlantic would also have the right to approve the act's tour schedule, and

749-470: A deal with a proper label. In 2002, ArtistShare was founded as the Internet's first record label where the releases were directly funded by the artist's fans. Copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work , usually for a limited time. The creative work may be in

856-520: A direct approach to the infringing party in order to settle the dispute out of court. "... by 1978, the scope was expanded to apply to any 'expression' that has been 'fixed' in any medium, this protection granted automatically whether the maker wants it or not, no registration required." With older technology like paintings, books, phonographs, and film, it is generally not feasible for consumers to make copies on their own, so producers can simply require payment when transferring physical possession of

963-749: A fixed period, after which the copyright expired. It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." The act also alluded to individual rights of the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing ... Books, and other Writings, without

1070-609: A joint venture and merged their recorded music division to create the Sony BMG label (which would be renamed Sony Music Entertainment after a 2008 merger); BMG kept its music publishing division separate from Sony BMG and later sold BMG Music Publishing to UMG. In 2007, the remaining record labels—then known as the Big Four—controlled about 70% of the world music market , and about 80% of the United States music market. In 2012,

1177-471: A label want to work together, whether an artist has contacted a label directly, usually by sending their team a demo, or the Artists & Repertoire team of the label has scouted the artist and reached out directly, they will usually enter in to a contractual relationship. A label typically enters into an exclusive recording contract with an artist to market the artist's recordings in return for royalties on

SECTION 10

#1732848044652

1284-462: A large international media group , or somewhere in between. The Association of Independent Music (AIM) defines a 'major' as "a multinational company which (together with the companies in its group) has more than 5% of the world market(s) for the sale of records or music videos." As of 2012 , there are only three labels that can be referred to as "major labels": Universal Music Group , Sony Music , and Warner Music Group . In 2014, AIM estimated that

1391-481: A literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in

1498-482: A nation that has domestic copyright laws or adheres to a bilateral treaty or established international convention such as the Berne Convention or WIPO Copyright Treaty . Improper use of materials outside of legislation is deemed "unauthorized edition", not copyright infringement. Statistics regarding the effects of copyright infringement are difficult to determine. Studies have attempted to determine whether there

1605-417: A product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se. Copyright has developed into a concept that has

1712-605: A return by recording for a much smaller production cost of a typical big label release. Sometimes they are able to recoup their initial advance even with much lower sales numbers. On occasion, established artists, once their record contract has finished, move to an independent label. This often gives the combined advantage of name recognition and more control over one's music along with a larger portion of royalty profits. Artists such as Dolly Parton , Aimee Mann , Prince , Public Enemy , among others, have done this. Historically, companies started in this manner have been re-absorbed into

1819-411: A significant effect on nearly every modern industry, including not just literary work, but also forms of creative work such as sound recordings , films , photographs , software , and architecture . Often seen as the first real copyright law, the 1709 British Statute of Anne gave authors and the publishers to whom they did chose to license their works, the right to publish the author's creations for

1926-412: A single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead. Copyright law recognizes the right of an author based on whether the work actually is an original creation , rather than based on whether it is unique ; two authors may own copyright on two substantially identical works, if it is determined that

2033-468: A tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works , distribution, public performance , and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by

2140-518: A tangible medium of expression" to obtain copyright protection. US law requires that the fixation be stable and permanent enough to be "perceived, reproduced or communicated for a period of more than transitory duration". Similarly, Canadian courts consider fixation to require that the work be "expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance". Note this provision of US law: c) Effect of Berne Convention.—No right or interest in

2247-411: A television sports commentator following his career as a Major League Baseball pitcher, and Bill Craddock , who went on to country music fame as Billy “Crash” Craddock. An album of Craddock's early recordings between 1958 and 1961 was released in 1986 as Crash's Greatest Hits . Although it is labeled as a Colonial disc, it is a Canadian pressing and is said to be an unofficial release. Doug Franklin and

SECTION 20

#1732848044652

2354-599: A whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. Yet scholars like Lawrence Lessig have argued that copyright terms have been extended beyond the scope imagined by the Framers. Lessig refers to the Copyright Clause as the "Progress Clause" to emphasize the social dimension of intellectual property rights. The original length of copyright in

2461-610: A wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdiction , but these can include poems , theses , fictional characters , plays and other literary works , motion pictures , choreography , musical compositions, sound recordings , paintings , drawings , sculptures , photographs , computer software , radio and television broadcasts , and industrial designs . Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright does not cover ideas and information themselves, only

2568-472: A work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of

2675-495: A work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some "skill, labour, and judgment" that has gone into it. In Australia and the United Kingdom it has been held that

2782-476: Is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available. Other reports indicate that copyright infringement does not have an adverse effect on the entertainment industry, and can have a positive effect. In particular, a 2014 university study concluded that free music content, accessed on YouTube , does not necessarily hurt sales, instead has

2889-454: Is often marketed as a "unit" or "division" of the parent label, though in most cases, they operate as pseudonym for it and do not exist as a distinct business operation or separate business structure (although trademarks are sometimes registered). A record label may give a musical act an imprint as part of their branding, while other imprints serve to house other activities, such as side ventures of that label. Music collectors often use

2996-684: Is owned by Sony Group Corporation ). Record labels and music publishers that are not under the control of the big three are generally considered to be independent ( indie ), even if they are large corporations with complex structures. The term indie label is sometimes used to refer to only those independent labels that adhere to independent criteria of corporate structure and size, and some consider an indie label to be almost any label that releases non-mainstream music, regardless of its corporate structure. Independent labels are often considered more artist-friendly. Though they may have less sales power, indie labels typically offer larger artist royalty with

3103-595: The Copyright Law in United States , the Copyright Office concluded that many diverse aspects of the current moral rights patchwork – including copyright law's derivative work right, state moral rights statutes, and contract law – are generally working well and should not be changed. Further, the Office concludes that there is no need for the creation of a blanket moral rights statute at this time. However, there are aspects of

3210-615: The European Union require their member states to comply with them. All member states of the World Trade Organization are obliged to establish minimum levels of copyright protection. Nevertheless, important differences between the national regimes continue to exist. The original holder of the copyright may be the employer of the author rather than the author themself if the work is a " work for hire ". For example, in English law

3317-528: The Internet , creating a much bigger threat to producer revenue. Some have used digital rights management technology to restrict non-playback access through encryption and other means. Digital watermarks can be used to trace copies, deterring infringement with a more credible threat of legal consequences. Copy protection is used for both digital and pre-Internet electronic media. For a work to be considered to infringe upon copyright, its use must have occurred in

Colonial Records - Misplaced Pages Continue

3424-609: The Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as

3531-483: The RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. ( See Legal aspects of file sharing ) In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative or court costs. In light of this, many copyright disputes are settled by

3638-709: The United International Bureaux for the Protection of Intellectual Property signed the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations . In 1996, this organization was succeeded by the founding of the World Intellectual Property Organization , which launched the 1996 WIPO Performances and Phonograms Treaty and the 2002 WIPO Copyright Treaty , which enacted greater restrictions on

3745-459: The free software and open source movements and the success of Linux . In the mid-2000s, some music publishing companies began undertaking the work traditionally done by labels. The publisher Sony/ATV Music, for example, leveraged its connections within the Sony family to produce, record, distribute, and promote Elliott Yamin 's debut album under a dormant Sony-owned imprint , rather than waiting for

3852-505: The "parent" of any sublabels. Vanity labels are labels that bear an imprint that gives the impression of an artist's ownership or control, but in fact represent a standard artist/label relationship. In such an arrangement, the artist will control nothing more than the usage of the name on the label, but may enjoy a greater say in the packaging of their work. An example of such a label is the Neutron label owned by ABC while at Phonogram Inc. in

3959-409: The 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce

4066-446: The Berne Convention, or the adherence of the United States thereto. Before 1989, United States law required the use of a copyright notice, consisting of the copyright symbol (©, the letter C inside a circle; Unicode U+00A9 © COPYRIGHT SIGN ), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder. Several years may be noted if

4173-433: The Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all intellectual property rights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the rights expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto

4280-588: The Bluenotes’ recording of "Lucky Love" placed in the Hot 100 at No. 73 in 1958. "Ski King" by E.C. Beatty sold 140,000 copies within the first two weeks after its release in 1959. It spent six weeks on the Hot 100 peaking at No. 50 on October 12, 1959. Colonial's records were distributed by ABC-Paramount Records from 1956 to 1959. London Records signed a three-year distribution agreement in May of that year. Tollie Records became

4387-604: The Consent of the Authors ;... to their very great Detriment, and too often to the Ruin of them and their Families:". A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. The Copyright Clause of

Colonial Records - Misplaced Pages Continue

4494-523: The Copyright, Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a "Work for Hire". Typically, the first owner of a copyright is the person who created the work i.e. the author . But when more than one person creates the work, then a case of joint authorship can be made provided some criteria are met. Copyright may apply to

4601-578: The Statute of Anne. While the national law protected authors' published works, authority was granted to the states to protect authors' unpublished works. The most recent major overhaul of copyright in the US, the 1976 Copyright Act , extended federal copyright to works as soon as they are created and "fixed", without requiring publication or registration. State law continues to apply to unpublished works that are not otherwise copyrighted by federal law. This act also changed

4708-652: The U.S. economy at least $ 29.2 billion in lost revenue each year." An August 2021 report by the Digital Citizens Alliance states that "online criminals who offer stolen movies, TV shows, games, and live events through websites and apps are reaping $ 1.34 billion in annual advertising revenues." This comes as a result of users visiting pirate websites who are then subjected to pirated content, malware, and fraud. According to World Intellectual Property Organisation , copyright protects two types of rights. Economic rights allow right owners to derive financial reward from

4815-501: The UK. At one point artist Lizzie Tear (under contract with ABC themselves) appeared on the imprint, but it was devoted almost entirely to ABC's offerings and is still used for their re-releases (though Phonogram owns the masters of all the work issued on the label). However, not all labels dedicated to particular artists are completely superficial in origin. Many artists, early in their careers, create their own labels which are later bought out by

4922-524: The US. The Berne International Copyright Convention of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989. In the US, the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the Copyright Act of 1790 , modeling it after

5029-495: The Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form." Some countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that most works must be "fixed in

5136-634: The United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the public domain , so it could be used and built upon by others. In many jurisdictions of the European continent, comparable legal concepts to copyright did exist from the 16th century on but did change under Napoleonic rule into another legal concept: authors' rights or creator's right laws, from French: droits d'auteur and German Urheberrecht . In many modern-day publications

5243-546: The United States would typically bear a 4th & B'way logo and would state in the fine print, "4th & B'way™, an Island Records, Inc. company". Collectors discussing labels as brands would say that 4th & B'way is a sublabel or imprint of just "Island" or "Island Records". Similarly, collectors who choose to treat corporations and trademarks as equivalent might say 4th & B'way is an imprint and/or sublabel of both Island Records, Ltd. and that company's sublabel, Island Records, Inc. However, such definitions are complicated by

5350-515: The United States, Constitution (1787) authorized copyright legislation: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as

5457-407: The album will sell better if the artist complies with the label's desired requests or changes. At times, the record label's decisions are prudent ones from a commercial perspective, but these decisions may frustrate artists who feel that their art is being diminished or misrepresented by such actions. In other instances, record labels have shelved artists' albums with no intention of any promotion for

SECTION 50

#1732848044652

5564-411: The artist from their contract, leaving the artist in a state of limbo. Artists who have had disputes with their labels over ownership and control of their music have included Taylor Swift , Tinashe , Megan Thee Stallion , Kelly Clarkson , Thirty Seconds to Mars , Clipse , Ciara , JoJo , Michelle Branch , Kesha , Kanye West , Lupe Fiasco , Paul McCartney , and Johnny Cash . In

5671-415: The artist in question. Reasons for shelving can include the label deciding to focus its resources on other artists on its roster, or the label undergoing a restructure where the person that signed the artist and supports the artist's vision is no longer present to advocate for the artist. In extreme cases, record labels can prevent the release of an artist's music for years, while also declining to release

5778-425: The artist is established and has a loyal fan base. For that reason, labels now have to be more relaxed with the development of artists because longevity is the key to these types of pact. Several artists such as Paramore , Maino , and even Madonna have signed such types of deals. A look at an actual 360 deal offered by Atlantic Records to an artist shows a variation of the structure. Atlantic's document offers

5885-484: The artists may be downloaded free of charge or for a fee that is paid via PayPal or other online payment system. Some of these labels also offer hard copy CDs in addition to direct download. Digital Labels are the latest version of a 'net' label. Whereas 'net' labels were started as a free site, digital labels represent more competition for the major record labels. The new century brought the phenomenon of open-source or open-content record labels. These are inspired by

5992-407: The authors even after the authors have transferred their economic rights. In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work. This is just one reason why

6099-468: The authors even after the authors have transferred their economic rights. This means that even where, for example, a film producer or publisher owns the economic rights in a work, in many jurisdictions the individual author continues to have moral rights. Recently, as a part of the debates being held at the US Copyright Office on the question of inclusion of Moral Rights as a part of the framework of

6206-696: The calculation of copyright term from a fixed term (then a maximum of fifty-six years) to "life of the author plus 50 years". These changes brought the US closer to conformity with the Berne Convention, and in 1989 the United States further revised its copyright law and joined the Berne Convention officially. Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In

6313-403: The company. Some independent labels become successful enough that major record companies negotiate contracts to either distribute music for the label or in some cases, purchase the label completely, to the point where it functions as an imprint or sublabel. A label used as a trademark or brand and not a company is called an imprint , a term used for a similar concept in publishing . An imprint

6420-454: The concepts throughout the years have been mingled globally, due to international treaties and contracts, distinct differences between jurisdictions continue to exist. Creator's law was enacted rather late in German speaking states and the economic historian Eckhard Höffner argues that the absence of possibilities to maintain copyright laws in all these states in the early 19th century, encouraged

6527-474: The convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act 1988 . Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by

SECTION 60

#1732848044652

6634-590: The convention. This was a special provision that had been added at the time of 1971 revision of the convention, because of the strong demands of the developing countries. The United States did not sign the Berne Convention until 1989. The United States and most Latin American countries instead entered into the Buenos Aires Convention in 1910, which required a copyright notice on the work (such as all rights reserved ), and permitted signatory nations to limit

6741-481: The copyright holder is entitled to enforce their exclusive rights. However, while registration is not needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the US, registering after an infringement only enables one to receive actual damages and lost profits.) A widely circulated strategy to avoid

6848-510: The copyright holder reserves, or holds for their own use was once required to assert copyright, but that phrase is now legally obsolete. Almost everything on the Internet has some sort of copyright attached to it. Whether these things are watermarked, signed, or have any other sort of indication of the copyright is a different story however. In 1989 the United States enacted the Berne Convention Implementation Act , amending

6955-400: The corporate mergers that occurred in 1989 (when Island was sold to PolyGram) and 1998 (when PolyGram merged with Universal). PolyGram held sublabels including Mercury, Island and Motown. Island remained registered as corporations in both the United States and UK , but control of its brands changed hands multiple times as new companies were formed, diminishing the corporation's distinction as

7062-477: The cost of copyright registration is referred to as the poor man's copyright . It proposes that the creator send the work to themself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office says the technique is not a substitute for actual registration. The United Kingdom Intellectual Property Office discusses

7169-408: The creator dies, depending on the jurisdiction . Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without a formal registration. When the copyright of a work expires, it enters the public domain . The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. It

7276-416: The duplication was coincidental, and neither was copied from the other. In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file),

7383-517: The duration of copyrights to shorter and renewable terms. The Universal Copyright Convention was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the Soviet Union and developing nations. The regulations of the Berne Convention are incorporated into the World Trade Organization 's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application. In 1961,

7490-416: The early days of the recording industry, recording labels were absolutely necessary for the success of any artist. The first goal of any new artist or band was to get signed to a contract as soon as possible. In the 1940s, 1950s, and 1960s, many artists were so desperate to sign a contract with a record company that they sometimes ended up signing agreements in which they sold the rights to their recordings to

7597-512: The end of their contract with EMI when their album In Rainbows was released as a " pay what you want " sales model as an online download, but they also returned to a label for a conventional release. Research shows that record labels still control most access to distribution. Computers and internet technology led to an increase in file sharing and direct-to-fan digital distribution, causing music sales to plummet in recent years. Labels and organizations have had to change their strategies and

7704-682: The exogenous differential introduction of author's right (Italian: diritto d’autore ) in Napoleonic Italy shows that "basic copyrights increased both the number and the quality of operas, measured by their popularity and durability". The 1886 Berne Convention first established recognition of authors' rights among sovereign nations , rather than merely bilaterally. Under the Berne Convention, protective rights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" these protective rights in countries adhering to

7811-418: The form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough not to be judged copies of Disney's. Typically,

7918-504: The holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as

8025-634: The incomes of many academics. Printing brought profound social changes . The rise in literacy across Europe led to a dramatic increase in the demand for reading matter. Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience. In German-language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success. The concept of copyright first developed in England . In reaction to

8132-430: The label's final distributor toward the end of Colonial's existence. Record label [REDACTED] [REDACTED] [REDACTED] "Big Three" music labels A record label or record company is a brand or trademark of music recordings and music videos , or the company that owns it. Sometimes, a record label is also a publishing company that manages such brands and trademarks, coordinates

8239-416: The law of a certain state do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent. Typically, the public law duration of a copyright expires 50 to 100 years after

8346-487: The legally recognised rights and interests of others. Most copyright laws state that authors or other right owners have the right to authorise or prevent certain acts in relation to a work. Right owners can authorise or prohibit: Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work. Moral rights are only accorded to individual authors and in many national laws they remain with

8453-429: The likelihood of a defense of "innocent infringement" being successful. In the UK, the publisher of a work automatically owns the copyright in the "typographical arrangement of a published work", i.e. its layout and general appearance as a published work. This copyright lasts for 25 years after the end of the year in which the edition containing that arrangement was first published. Copyrights are generally enforced by

8560-725: The major divisions of EMI were sold off separately by owner Citigroup : most of EMI's recorded music division was absorbed into UMG; EMI Music Publishing was absorbed into Sony/ATV Music Publishing; finally, EMI's Parlophone and Virgin Classics labels were absorbed into Warner Music Group (WMG) in July 2013. This left the so-called Big Three labels. In 2020 and 2021, both WMG and UMG had their IPO with WMG starting trading at Nasdaq and UMG starting trading at Euronext Amsterdam and leaving only Sony Music as wholly-owned subsidiary of an international conglomerate ( Sony Entertainment which in turn

8667-433: The major labels (two examples are American singer Frank Sinatra 's Reprise Records , which has been owned by Warner Music Group for some time now, and musician Herb Alpert 's A&M Records , now owned by Universal Music Group). Similarly, Madonna 's Maverick Records (started by Madonna with her manager and another partner) was to come under control of Warner Music when Madonna divested herself of controlling shares in

8774-537: The majors had a collective global market share of some 65–70%. Record labels are often under the control of a corporate umbrella organization called a "music group ". A music group is usually affiliated to an international conglomerate " holding company ", which often has non-music divisions as well. A music group controls and consists of music-publishing companies, record (sound recording) manufacturers, record distributors, and record labels. Record companies (manufacturers, distributors, and labels) may also constitute

8881-570: The manufacturer's name, along with other information. Within the mainstream music industry , recording artists have traditionally been reliant upon record labels to broaden their consumer base, market their albums, and promote their singles on streaming services, radio, and television. Record labels also provide publicists , who assist performers in gaining positive media coverage, and arrange for their merchandise to be available via stores and other media outlets. Record labels may be small, localized and " independent " ("indie"), or they may be part of

8988-542: The masters and the record became a smash hit. On the popular music charts, the disk topped out at number 6, selling close to a million copies. In February 1957, Campbell recorded Loudermilk singing one of his own tunes, “ Sittin' in the Balcony ,” released under the name of “Johnny Dee.” It rose to number 38 on the charts, but became a springboard for Eddie Cochran , whose cover version reached number 18. Colonial Records' artist roster included Jay Hanna “Dizzy” Dean , who became

9095-442: The masters. The record became a huge success in the comedy record market, selling some 800,000 copies, and reaching number 9 on the pop music charts. In 1956, a young aspiring musician named George Hamilton IV approached Colonial Records to pursue a recording career. That August Campbell recorded his rendition of a tune by fellow North Carolina artist John D. Loudermilk , “ A Rose and a Baby Ruth .” ABC-Paramount Records acquired

9202-607: The moral rights regime within the UK is often regarded as weaker or inferior to the protection of moral rights in continental Europe and elsewhere in the world. The Berne Convention, in Article 6bis, requires its members to grant authors the following rights: These and other similar rights granted in national laws are generally known as the moral rights of authors. The Berne Convention requires these rights to be independent of authors' economic rights. Moral rights are only accorded to individual authors and in many national laws they remain with

9309-507: The output of recording sessions. For established artists, a label is usually less involved in the recording process. The relationship between record labels and artists can be a difficult one. Many artists have had conflicts with their labels over the type of sound or songs they want to make, which can result in the artist's artwork or titles being changed before release. Other artists have had their music prevented from release, or shelved. Record labels generally do this because they believe that

9416-424: The owner's permission, often through a license. The owner's use of the property must, however, respect the legally recognised rights and interests of other members of society. So the owner of a copyright-protected work may decide how to use the work, and may prevent others from using it without permission. National laws usually grant copyright owners exclusive rights to allow third parties to use their works, subject to

9523-588: The potential to increase sales. According to the IP Commission Report the annual cost of intellectual property infringement to the US economy "continues to exceed $ 225 billion in counterfeit goods, pirated software, and theft of trade secrets and could be as high as $ 600 billion." A 2019 study sponsored by the US Chamber of Commerce Global Innovation Policy Center (GIPC), in partnership with NERA Economic Consulting "estimates that global online piracy costs

9630-826: The printing of "scandalous books and pamphlets", the English Parliament passed the Licensing of the Press Act 1662 , which required all intended publications to be registered with the government-approved Stationers' Company , giving the Stationers the right to regulate what material could be printed. The Statute of Anne , enacted in 1710 in England and Scotland, provided the first legislation to protect copyrights (but not authors' rights). The Copyright Act of 1814 extended more rights for authors but did not protect British from reprinting in

9737-415: The production, manufacture , distribution , marketing, promotion, and enforcement of copyright for sound recordings and music videos, while also conducting talent scouting and development of new artists , artist financing and maintaining contracts with recording artists and their managers. The term "record label" derives from the circular label in the center of a vinyl record which prominently displays

9844-440: The publishing of low-priced paperbacks for the masses. This was profitable for authors and led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century. After the introduction of creator's rights, German publishers started to follow English customs, in issuing only expensive book editions for wealthy customers. Empirical evidence derived from

9951-493: The record label in perpetuity. Entertainment lawyers are usually employed by artists to discuss contract terms. Due to advancing technology such as the Internet , the role of labels is rapidly changing, as artists are able to freely distribute their own material through online radio , peer-to-peer file sharing such as BitTorrent , and other services, at little to no cost, but with correspondingly low financial returns. Established artists, such as Nine Inch Nails , whose career

10058-505: The role of a naïve country preacher who describes his experience attending a college football game, which is entirely puzzling to him. He sent the recording to Colonial Records. “ What It Was, Was Football ” became the label's third release in November that year. Colonial sold nearly 50,000 copies regionally. Capitol Records publicity man Richard Linke heard the record on a distant radio station and flew from New York City to North Carolina to buy

10165-418: The salaries of certain tour and merchandise sales employees hired by the artist. In addition, the label also offers the artist a 30 percent cut of the label's album profits—if any—which represents an improvement from the typical industry royalty of 15 percent. With the Internet now being the dominant source for obtaining music, netlabels have emerged. Depending on the ideals of the net label, music files from

10272-419: The selling price of the recordings. Contracts may extend over short or long durations, and may or may not refer to specific recordings. Established, successful artists tend to be able to renegotiate their contracts to get terms more favorable to them, but Prince 's much-publicized 1994–1996 feud with Warner Bros. Records provides a strong counterexample, as does Roger McGuinn 's claim, made in July 2000 before

10379-404: The song for Capitol Records but it was not released. Colonial's second release was another Campbell-Beebe composition, “Way Up In North Carolina,” also performed by the Bell Tones. The record caught the attention of bandleader Fred Waring , who performed it on his musical variety television program in 1951. In the fall of 1953, a young monologist named Andy Griffith recorded a routine in

10486-435: The storage medium. The equivalent for digital online content is a paywall . The introduction of the photocopier , cassette tape , and videotape made it easier for consumers to copy materials like books and music, but each time a copy was made, it lost some fidelity. Digital media like text, audio, video, and software (even when stored on physical media like compact discs and DVDs ) can be copied losslessly, and shared on

10593-408: The technique and notes that the technique (as well as commercial registries) does not constitute dispositive proof that the work is original or establish who created the work. The Berne Convention allows member countries to decide whether creative works must be "fixed" to enjoy copyright. Article 2, Section 2 of the Berne Convention states: "It shall be a matter for legislation in the countries of

10700-400: The term sublabel to refer to either an imprint or a subordinate label company (such as those within a group). For example, in the 1980s and 1990s, 4th & B'way Records (pronounced as "Broadway") was a trademarked brand owned by Island Records Ltd. in the UK and by a subordinate branch, Island Records, Inc., in the United States. The center label on a 4th & Broadway record marketed in

10807-402: The terms copyright and authors' rights are being mixed, or used as translations, but in a juridical sense the legal concepts do essentially differ. Authors' rights are, generally speaking, from the start absolute property rights of an author of original work that one does not have to apply for. The law is automatically connecting an original work as intellectual property to its creator. Although

10914-453: The use of technology to copy works in the nations that ratified it. The Trans-Pacific Partnership includes intellectual property provisions relating to copyright. Copyright laws and authors' right laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and international organizations such as

11021-459: The use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights or those rights may be transferred to one or more copyright owners. Many countries do not allow the transfer of moral rights. With any kind of property, its owner may decide how it is to be used, and others can use it lawfully only if they have

11128-433: The way they work with artists. New types of deals called "multiple rights" or "360" deals are being made with artists, where labels are given rights and percentages to artist's touring, merchandising, and endorsements . In exchange for these rights, labels usually give higher advance payments to artists, have more patience with artist development, and pay higher percentages of CD sales. These 360 deals are most effective when

11235-445: The work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter  P inside a circle, Unicode U+2117 ℗ SOUND RECORDING COPYRIGHT ), which indicates a sound recording copyright, with the letter  P indicating a " phonorecord ". In addition, the phrase All rights reserved which indicates that

11342-436: Was associated with a common law and rooted in the civil law system. The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re- set and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented

11449-455: Was developed with major label backing, announced an end to their major label contracts, citing that the uncooperative nature of the recording industry with these new trends is hurting musicians, fans and the industry as a whole. However, Nine Inch Nails later returned to working with a major label, admitting that they needed the international marketing and promotional reach that a major label can provide. Radiohead also cited similar motives with

#651348