CMP Music Business and Copyright Law 2

Question 1

What is the duration of copyright protection for a sound recording created by an individual in the United States today?

Accepted Answer

Life of the author plus 70 years

Answer

For sound recordings created by an individual author, copyright lasts the life of the author plus 70 years under current US law.

Question 2

A music producer signs a 'work made for hire' agreement with a label. Who owns the copyright?

Accepted Answer

The label owns the copyright as the employer

Answer

Under work-for-hire agreements, the employer or commissioning party—here the label—is considered the legal author and owns the copyright.

Question 3

Which organization issues Mechanical Licenses for digital downloads in the United States through the Music Modernization Act?

Accepted Answer

The Mechanical Licensing Collective (MLC)

Answer

The Music Modernization Act of 2018 established the Mechanical Licensing Collective (MLC) to administer blanket mechanical licenses for digital audio transmissions.

Question 4

What does a 'first use' doctrine mean in music copyright?

Accepted Answer

Once a song is commercially released, anyone can record it with a compulsory license

Answer

The compulsory mechanical license under Section 115 allows anyone to record a cover of a song that has already been commercially released by paying the statutory rate.

Question 5

A producer samples 2 seconds of a drum loop without clearing it. What is the most likely legal risk?

Accepted Answer

Copyright infringement of both the composition and the sound recording

Answer

The Sixth Circuit's Bridgeport ruling established that any copying of a sound recording, no matter how brief, can constitute infringement; there is no de minimis exception for samples.

(CMP) Certified Music Producer Practice Test

(CMP) Certified Music Producer Practice Test

CMP Music Business and Copyright Law 2