Fair Use is where, under certain circumstances, a copyrighted work can be used without seeking permission from the copyright owner. Uses include using for an educational purpose, to present a parody, comment upon or criticise the copyrighted work. Fair use includes quoting a copyrighted work or using an excerpt.
In US law, four key factors are relevant in determining fair use:
- The nature of the copyrighted work
- The purpose and character of the use
- The amount of and how substantial what has been used from the copyrighted work
- The effect of using the copyrighted work has upon the potential market for the copyrighted work
Fair use is a broad and flexible way to use the work, no matter where the original work was created.
Fair Use vs Fair Dealing
Fair Use, as defined in US legislation, can roughly be described as general in nature. By comparison, Fair Dealing, as defined in UK legislation is very specific when defining UK copyright exceptions.
Exceptions outline specific purposes for which a reproduction of a work is permitted, without requiring the copyright owner’s permission.
According to UK legislation, an individual has not infringed copyright if the use is based on fair dealing where it is for:
- Non-commercial research or private study
- Reporting current events
- Criticism or review
- Illustration for instruction, quotation, parody, caricature or pastiche
The featured artist on a recording is the artist signed to the record label. Performers on the recording who are not the artist, such as session musicians, work under different contracts and paid in different ways from the artist.
Feedback is the screeching or howling sound caused by feeding the output of an audio system back to its own input, for example pointing a microphone at the speakers that are the output of the microphone signal. This causes amplification of the already amplified signal in an endless loop resulting in an overload of the audio circuitry.
This is a low-pass filtered used in digital audio equipment.
Passes a band of frequencies between two limits.
Passes frequencies above a threshold frequency.
Passes frequencies below a threshold frequency.
Passes frequencies above and below a chosen band of frequencies. i.e. it cuts frequencies within the chosen bandwidth.
See our Filters reference article by following the link below.
Songstuff Filters Article
A fingerprint is a way of imprinting digital files with a pattern embedded within their data. The fingerprint code can be read by special software. The fingerprint is used to identify a variety of track details including the track title and artist name.
Shazam uses special algorithms to identify music on a cellphone using the fingerprint.
- Allow the artist to record under his recording agreement
- Pay for the cost of recording, normally subject to a Pay or Play clause
First Use (USA)
Under the U.S. Copyright Law, the songwriter and their music publisher have control over the first version of a new composition to be recorded and released, in other words, a license for it’s “first use”.
After a recording of the composition has been authorised for release to the general public, in any format, on condition that the mechanical royalties are paid to the writer and publisher, any other recording artist has the right to record and release that composition.
Artists who write their own songs often have a clause in their publishing contract stating that first recording and release permissions cannot be given to another artist without their approval.
Within the U.K., “First Use” refers solely to the right of the owner of a copyrighted work to decide which artist should be the first to record a new song. In a Publishing Agreement, it is not uncommon for the songwriter to have the right to approve the “first use” of a song.
Ogg Free Lossless Audio Codec. It is a format of music file used for digital downloads and digital music players. FLAC files can be played back at the original quality, while the files are roughly half the size of the original file.
Ogg FLAC is a Xiph.org open standard.
Used to create a ‘flanging’ effect. Flanging is commonly done using an electronic processing device to filter an input signal. This treatment introduces harmonically related notches in the filter response.
Three groups of records are considered to be free goods:
1. True Free Goods: Promotional copies of Records. They are distributed to radio stations, music critics and other music journalists etc. True free goods not for sale or re-sale. Such records are stamped “For Promotional Use Only”, or a similar. That way they cannot become “returns”.
2. Real Free Goods: Records distributed as Discounted Records. This may be a bulk purchase discount offered by a Distributor to their customers, or a similar incentive. Artists commonly try to limit numbers of discounted records as the discount usually accounts for the artist’s royalty. Record labels are happy to encourage higher numbers as it incentivises the distributor and their customers, while barely impacting Record Label income. Artists try to impose limitation through clauses within the Recording Agreement, which Record Labels then try to find ways to get around the limitations.
3. Fake Free Goods: Records designated as non-royalty producing within the terms of a record deal where labels account to artists using a Royalty Base Price that is linked to the SRLP. In such a system, fluctuations in wholesale price do not impact the calculation of artist royalties. Alternatively, artist royalties can use a royalty base price linked to the wholesale price, giving the artist a percentage of net sales.
Frequency = Wavelength * Time
Basically, the amplitude of the modulating signal dictates the amount of deviation from the carrier frequency, and the frequency of the modulating signal dictates the rate at which the deviation occurs.
Metallic strip typically made of nickel-silver. Mounted on the fretboard, a fret marks the position on the guitar neck where a guitar string will create a specific pitch when pressure is applied behind the fret to shorten the guitar string length.