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An implied license is an unwritten license which permits a party (the licensee) to do something that would normally require the express permission of another party (the licensor). Implied licenses may arise by operation of law from actions by the licensor which lead the licensee to believe that it has the necessary permission.
Both the recorded music sector and music publishing sector have their foundations in intellectual property law and all of the major recording labels and major music publishers and many independent record labels and publishers have dedicated "business and legal affairs" departments with in-house lawyers whose role is not only to secure ...
Music licensing is the licensed use of copyrighted music. [1] Music licensing is intended to ensure that the owners of copyrights on musical works are compensated for certain uses of their work. A purchaser has limited rights to use the work without a separate agreement.
So courts allowed exclusive licensees to compulsively join the copyright holder as a plaintiff in such suits. Non-exclusive licensees could not forcefully join copyright holders, on the theory that in those cases, the work was still marketable and the copyright holder therefore had an interest in protecting his rights. [1]
In the case of music publishing, the emphasis is not on printed or recorded works. It usually refers to the promotion of a musical composition, or its referral to a suitable recording artist. A music publisher who does produce (or contract to issue) sheet music is known as a music print publisher. It can be used by authors, journalists, and ...
Exclusive license; Non-exclusive license; The first two, assignment and exclusive licenses, require the transfer to be in writing. Nonexclusive licenses need not be in writing and they may be implied by the circumstances. Transfers of copyright always involve one or more of the exclusive rights of copyright. For instance, a license may provide ...
In addition to the exclusive rights mentioned in Article 11bis(1) and 13(1) the Berne Convention also provides that members may determine or impose such conditions for the exercise of exclusive rights in cases where an exclusive right is not provided as remuneration right and not as an exclusive right of authorisation, for example in the case ...
These concerns are governed by legal doctrines such as competition law in the European Union, antitrust law in the United States, and anti-monopoly law in Russia and Japan. [10] Competition issues may arise when the licensing party unfairly leverages market power, engages in price discrimination through its licensing terms, or otherwise uses a ...