Copyright Laws And Copyright Law

Copyright law, which manages much of the music business industry, tries to maintain a balance concerning the rights of the creator, and the common good in an attempt to drive society forward. In essence, the

Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies

Now : Songs are created by synthesizers. Nobody can realistically take credit for their own songs because most songs are re-mixes or a collage of dubs from other people's  music.

Michael R. Cohen, 25B WEST 'S LEGAL FORMS, INTELLECTUAL PROPERTY § 23:22 (2014) (“Since it would be virtually impossible for publishers or songwriters to monitor and control the large numbers of users of their songs, the enforcement and control of such performance rights usually falls to one of three performing rights organizations ....”).

There are claims made suggesting that copyright is a direct violation of our freedom of speech. Within the general foundation of protection and enjoyment of those protections, rest limitations, because of the real connection between authorization and copyright law. The goal of research is to investigate and unearth specific facts about the history of intellectual property in relation to old and contemporary court cases. The M. Whitmark & Sons v. Pastime Amusement Decree states that copyright is an indivisible and cannot be split up and partially assigned, as to time, place, rights and privileges (298 F. 470, 1924). Does this case contradict the Digital Millennium Act? Are the copyright rules in violation of any rights concerning our right to free speech? If so, how are those rights violated? The Statute of Anne in eighteenth century Europe, was set up to prevent the unauthorized composition of works that had

Alexie Duff could argue that the sample does not play a substantial part in the piece however he still sampled a sound recording without acquiring permission from the copyright owners. If legal action was to be carried out and the judge decided against Alexie Duff, overall it would stand that the samples used were taken from original sound recordings by Pink Floyd so therefore an infringement of the sound recording copyright would have occurred. If Alexie Duff was to re-create the drum beat rather than use the existing recorded sound then this would still be sampling though it would only be an infringement of the musical copyright. In spite of this, Pink Floyd’s record label may have less of a case in court as the sample was so short. However this is not the case. An example of where a record company has decided to take legal action against an artist for the use of sampling is the case of Hyperion Records Limited v. Warner Music (UK) Limited. A band called “The Beloved” used an eight second sample of a song called “O Euchari”. The sound was recorded by a singer named Emily Van Evera. Hyperion Records owned the rights to the sound recording and decided to sue. At the preliminary hearing, the judge decided that that the eight seconds of sampled music constituted as a substantial part. In the end, an out of court agreement was made between the two parties. Another example would be the case of

Over the past fifty years, the British Music Publishing industry has undergone dramatic changes. It has evolved as an entity with innovations in technology, changes and creations of laws and new mediums to promote and exploit songs to a wider audience. Therefore, the way in which the music publishing industry operates and exploits its assets has completely transformed, and continues to do so at a rapid pace. This paper will attempt to explore the ways in which publishers exploit song copyrights and the way in which this has changed over the past 60 years. It is important to define what is meant by copyright and its role within the industry. The Performing Right Society website states: “Copyright

Copyright is the legal right, to an inventor to perform, print, publish, film, or record artistic, literary, or musical material, and to allow others to do the same. Copyright law was developed to provide the creators and inventors of any works with powerful and effective rights of exclusivity over their creations (Patterson & Lindberg, 1991). Over the past, these rights were almost unlimited. People would use existing developments as if they were their own without any regard of the creator’s exclusive rights. The need to balance and limit such rights arose, and governments established these limits for the general good of the public.

1: A copyright is a form of protection given to authors or creators of “original works of authorship” including literary, dramatic, musical, artistic and other intellectual works.

Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the

Technology is a brand new field nowadays, it is a field that people will need to study and develop since it brings our life much easier. But nothing is perfect, technology also draws a lot of attentions toward intellectual property. People are more concern about the impact of technology on modern music due to the growth of electronic formatting music. Everybody can modify, copy and cut music from CD or an electronic file. At this point, the traditional law is no longer apply to the current situation.

The readings explore the concept of music as intellectual property and delve into the many issues that consequently arise in the practice of “musical borrowing or quoting, digital sampling and the Digital rights management control over “netizens”.

Music licensing is certainly not the ideal solution to maintain the integrity of the art. Music licensing has created situation in which people actually have to pay to use folk songs such as "Happy Birthday" in certain circumstances. The company that owns the license to the song actually receives millions of dollars every year for a song that nobody knows who originally wrote. However, compensating artists for their works is a complicated endeavor and does not receive much public funding in a capitalist system. Therefore, even though the licensing practice may be counter-productive the art form and overly commercialized, it is a necessary evil that must be tolerated in modern society.

Copyright protection extends to expressions and not to ideas . Originality is the threshold standard of requirement of copyright. The case Walter v Lane [1900] AC 539 expounded the three essential elements (labour, skill and judgment ) of originality. The court adapted to sweat of brow test with no element of creativity require to make the work original. Copyright can be granted if a work is created through the effort of an individual despite the work containing statement of facts and no creative input by an author.

An alternative emerging approach for licensing music, software, research paper and many other resources on the internet, creative common sharing copyright, is introduced.