The Copyright Bundle (17 U.S.C. §106) of Exclusive Rights includes: The right to reproduce the copyrighted work in copies or phonorecords The right to prepare derivative works based upon the copyrighted work The right to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly In the case of sound recording, to perform the copyrighted work publicly by means of a digital audio transmission

Sometimes people in the musical or performing arts make reference to a Copyright Bundle.  Copyright Registrations can enhance the “litigation teeth” associated with a Copyright Bundle.

What is a Copyright Bundle?

The Copyright Bundle (17 U.S.C. §106) of Exclusive Rights includes:

  • The right to reproduce the copyrighted work in copies or phonorecords
  • The right to prepare derivative works based upon the copyrighted work
  • The right to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending
  • In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly
  • In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly
  • In the case of sound recording, to perform the copyrighted work publicly by means of a digital audio transmission

Our Situation: Will our Copyright Bundle help us?

Our Louisville, Kentucky musical group has a Copyright Registration for the musical score and lyrics of our signature song.

When in Lexington, Kentucky, we stopped at one of Lexington’s music spots to enjoy the local music.  Although one of the Lexington groups made some changes to the lyrics of our signature song, they did not miss a beat of our copyrighted score.

The group did not have permission to use our signature song and the Lexington musical spot charged admission for us to enter the premises.

General Observations

Based on the above scenario, unless the Lexington group and Lexington music spot could prove a fair use defense, the Louisville group has a valid claim for Copyright infringement.

If you have questions about your Copyrights, please contact Business Patent Law, PLLC.

Business Patent Law, PLLC provides intellectual property and business counsel for businesses and companies.  If you need assistance, please contact Business Patent Law, PLLC.

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