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The Law Of The Music Business : A Survey Of Significant Facets

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Law in the Music Business:
A Survey of Significant Facets Music permeates our day to day lives. From our iPods and iPads, to elevators and trains, to the more obvious venues such as radio stations and bars, music has so seeped into the consciousness of contemporary society that it has become hard to imagine a life without it. As with any other crucial element in society, however, music in modern civilization has also been regulated by the long arm of the law. So much so that conflicts and controversies so often arise within the legal dimension of musical endeavor. In recent memory, much of the headlines in popular magazines have been devoted to these controversies. From Taylor Swift to …show more content…

This is right is exactly what the Dominican singer Ramon Arias Vazquez enforced upon Colombian international pop sensation Shakira when he sued the latter for infringing on the copyright of his song “El Cata” (BBC News). A United States court has ruled that Shakira’s song “Loca”, released as a single in the United Kingdom, broke copyright laws when it was copied off of “El Cata”. Shakira is thus guilty of copyright infringement and she must pay damages.
Copyright infringement like that in Shakira’s case occurs when a song is copied, modified, or performed without authorization of the song owner or owners. If the owner – who in the present example is deemed by the law to be Ramon Arias Vazquez – did not authorize the use, and if no legal principle such as fair use permitted it, then the infringer can be sued for damages to the copyright owner. In this case, what could have been Shakira’s defense? For one, she could have proven that Ramon Vazquez did not suffer any damages. Copyright infringement greatly hinges on the fact of damages, and any owner who cannot prove damages can only seek a cease and desist action upon the suspected infringer. Another course of action Shakira could have taken would be to prove that Vazquez did not register his work with the copyright office.
In any survey of UK law, it must be considered that there are a multitude of options that are made available to both plaintiff and defendant in a copyright infringement case. The

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