Mike began by playing excerpts of Ray Charles and The Village People, noting that both songs were now under ownership dispute. He then reviewed copyright basics and rights conveyed.

Musical pieces have two copyrights, the composition and the recording. A copyright exists when fixed in a tangible medium (like a CD), and the ownership vests in the "author," except for joint works and works made for hire. This is perhaps the big gotcha for reclaiming a copyright - an author can't do it if it was a work for hire, which is frequently a matter of dispute and often a legal gray area.

With works for hire, the creator could be an employee, creating a work as part of their employment, or an independent contractor, whose work is commissioned for one of 9 very specific categories and has a written work for hire agreement. Those 9 categories do not SPECIFICALLY include sound recordings, but the U.S. Congress says this does not necessarily mean sound recordings can't be a work for hire. The nine work for hire categories are:

1. a contribution to a collective work
2. part of a motionpicture or other AV work
3. a translation
4. a supplementary work
5. a compilation
6. an instructional text
7. a test
8. answer material for a test
9. an atlas

After a break, some door prizes (AES Convention swag) were given courtesy of Dr. Matesky/Opus 4 Studios.

Resuming after the break, Mike cited many examples of case law regarding whether sound recordings ARE works for hire, questions on how sound only recordings may not be protectable as one of the 9 categories of works for hire, and other case of termination rights.

He finished with things to consider in future contracts, whether commissioning or working.