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Copyright Info

  1. 1. Music piracy no match for Avril Lavigne by Guy Newey in Hong Kong July 20, 2008 01:30pm • Avril Lavigne's manager using free music model to win fans • Lavigne's popularity in China proves model can overcome piracy • Technology: Read more news and reviews in our Tech section » TERRY McBride is not afraid of pirates. The Canadian best known as the manager of pop megastar Avril Lavigne said the music industry's obsession with stemming the flow of illegally downloaded material is futile and short-sighted. "I do not believe that the record label owns the song, the publisher does not own the song, even the artist does not own the song," Mr McBride said in an interview. "It is the emotion that a fan attaches to that song, to that lyric that makes it popular. What the record business needs to do is to monetise the behaviour of that fan." Mr McBride said record companies need an alternative to what he sees as an outmoded business model that relies on a few mega-selling artists and copyright protection. In almost every global market record sales are plummeting as people turn to the internet for music, increasingly downloading it for free. A recent MTV survey of consumers in 12 Asian countries found that 77 per cent of people aged between 15 and 24 had illegally downloaded music in the past month, while 59 per cent had also made legitimate purchases.
  2. 2. Copyright laws What is Copyright and Who Owns it? The law governing copyright in the UK is the Copyright, Design and Patents Act (CDPA) (1988) and amendments. It exists to protect the intellectual standing and economic rights of creators and publishers of all literary, dramatic, artistic, musical, audiovisual and electronic works. As long as the work is original, copyright protection is automatic. In the UK where there is no registration or other procedures to follow, copyright exists whether or not it is asserted using the © symbol or otherwise. The copyright symbol (©) was established by the Universal Copyright Convention in 1952 and when used signifies that the work is copyright protected. In the first instance copyright ownership rests with the author or creator of a literary, musical or artistic work. However if the work was undertaken in the course of employment the employer will probably own the copyright unless there is a contract to specify otherwise. Copyright is unusual in that it can be assigned or sold to another person or organisation: frequently an author may assign some or all of his/her copyrights to a publisher. Therefore when seeking to identify the copyright owner the most likely parties to consider are: • creator/author • employer • person who undertakes the arrangements (commissions the work) • the producer • the publisher Copyright owners have exclusive rights to their work which include the right: • to copy work • to issue copies of the work to the public • to perform, show or play the work in public • to broadcast the work or include it in a cable programme service • to adapt the work or do any of the above in relation to the adaptation. Therefore anybody doing any of the above without permission or licence is infringing copyright.
  3. 3. Exploring music copyright 1. What copyright exists in music? There are principally 2 types of copyright to consider when we talk about music copyright. . The traditional ©, ‘C in a circle’ copyright, applies to the composition, musical score, lyrics, as well as any artwork or cover designs, as all of these are individually subject to copyright in their own rights, (though when you register, you can include them all in a single registration provided they have the same copyright owner(s)). p The second type of copyright applies to the sound recording itself, and is signified by the ‘P in a circle’ . How does this work? Suppose you want to record and sell your own version of Tchaikovsky’s 1812 Overture. This would not present a problem as Tchaikovsky has certainly been dead for over 70 years*, the work itself would now be out of copyright, and available as a work in the public domain. Provided you performed and recorded the work yourself, no infringement would have occurred. * Actual duration may vary due to national laws You would however be justifiably annoyed if someone else simply copied your recording and started selling it themselves. This is where the copyright in the sound recording comes into play. Copyright law recognises the problematic nature of this situation which is unique to sound recordings, and gives sound recordings distinct protection in their own right that is separate from that in the underlying work. The copyright in the sound recording will run for 50 years from the year of recording, or 50 years from date of release if released in that time. Again actual duration may vary slightly from one country to another depending on national laws. 2. Using the work of others If you use samples of music by other authors in your work, ensure that you get permission to use the work before you attempt to publish or sell your work. Similarly, if you use loops or samples available via sample collections etc. ensure that these are licensed as free to use, or obtain permission first. 3. Obtaining permission If you need to get permission to use a piece of music, normally the best place to start is with the last know publisher for the work. They will certainly know how to get permission to use the work, (as they must have permission themselves), so they will certainly know who you would need to contact. If the work is by an U.S. artist, you could contact the American Society of Composers, Authors and Publishers, BMI (Broadcast Music, Inc), or SESAC. 4. Band members agreements Where music is written as a group effort, we recommend that you draw up an agreement to clarify issues, such as which rights belong to which member, and how royalties would be distributed in the event that members of your group leave. For successful commercial bands, incorporation is also an option. As with a normal incorporated company, the band members would own shares in the band/company. In this situation, a band member would typically sell his shares to the other members if he decided to leave. 5. Does copyright protect a band name? Copyright does not apply to names, neither will it apply to single phrases or slogans. Names may however be regionally protected as a trademark which may be carried out via national patent and trademark offices. To qualify the name should be distinctive, not deceptive or contrary to law or morality, and not similar to previously registered band names. 6. Public performance Clubs and venues will generally be licensed for public performance, the administration of this is carried out by various organisations throughout the world
  4. 4. In the UK this is dealt with by the Performing Rights Society. Creative Commons The Licenses Attribution This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered, in terms of what others can do with your works licensed under Attribution. Attribution Share Alike This license lets others remix, tweak, and build upon your work even for commercial reasons, as long as they credit you and license their new creations under the identical terms. This license is often compared to open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. Attribution No Derivatives This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you. Attribution Non-Commercial This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms. Attribution Non-Commercial Share Alike This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Others can download and redistribute your work just like the by-nc-nd license, but they can also translate, make remixes, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature. Attribution Non-Commercial No Derivatives This license is the most restrictive of our six main licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially.