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Sizzla Kalonji |
Part 2 – Reproduction
Licensing, Performing, and Pressing Play
Elvis has left the building. The lights on the 3-tracks RCA console have gone dark, and the 2″ master tape reels have been taken to the factory, where they’ll be transformed into 7″ vinyl records for sale. Multiple forms of intellectual property have been created. It’s time to start using them.
You might be surprised to know that Elvis didn’t write “Heartbreak Hotel.” It was written by Mae Boren Axton (aka “Queen Mother of Nashville”) and Tommy Durden. Elvis did manage to get a songwriting credit, but many believe it to be a vanity credit. These 3 songwriters are the technical owners of the composition. RCA Victor Records is the sound recording owner, and Elvis Presley is the performing artist for the sound recording.
Fast forward to 2015. You own a boutique digital streaming subscription service, one that serves exclusively Elvis music. In order to allow your listeners to press play on “Heartbreak Hotel,” you must obtain 3 different licenses:
- a license to use the sound recording (specifically, Elvis’ performance)
- a license to reproduce the composition (known as a “mechanical license”)
- and a license to publicly perform the composition (“public performance” constitutes any exhibition of the song – radio, live shows, or even on the speakers at Steak Shack).
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Dennis Brown and Bob Marley |
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