A presentation by Entertainment Attorney Carla Parris on Music Licences.

1. Music Licenses

2. 
 The World Intellectual Property Organization (WIPO) is one of
the 17 specialized agencies of the United Nations. WIPO was
created in 1967 "to encourage creative activity, to promote the
protection of intellectual property throughout the world
 Administers 26 international treaties and is headquartered in
Geneza, Switzerland
 Trinidad and Tobago is a member of WIPO and party to 12
international treaties related to IP.
 188 member states approve WIPO's strategic direction and
activities in the annual meetings of the Assemblies
What is Intellectual Property?

3. 
 WIPO definition “Products of the mind, inventions,
literary and artistic works, any symbols, names,
images and designs used in commerce”
 World Trade Organisation definition ”Rights given
to people over the creation of their minds and
creators can be given the right to prevent others from
using their inventions, designs or other creations”
 IP is a valuable asset
IP definitions

4. 
 What is Copyright?
 Copyright Act Ch 82:80 Act no 8 of 1997
 Property right which subsists in certain specified types of
literary, artistic, or musical works which grant the owner
of copyright the exclusive right to do certain acts in
relation to the work e.g. making a copy, broadcasting or
selling to the public
 It subsists in certain original works Section 5
NATURE OF
COPYRIGHT

5. 
 Copyright does not protect ideas only their expression
 The material must be original in order to be entitled to protection
 The author must have used the requisite degree of skill and labour to
induce protection
 The work must be reduced to a material form
 There are no formalities to copyright protection – Berne Convention
 Copyright arises automatically when a work that qualifies for
protection is created
Essential facts about
copyright

6.  The owner of copyright has the exclusive right to authorize or prohibit
following acts- Section 9 of the Copyright Act
 Reproduction
 Translation
 Adaptation
 The first public distribution
 Rental or public lending
 Importation
 Public performance
Exclusive Rights of
Copyright Owner

7.  Broadcasting of the work
 Public display
 Adaptation example : copyright claim over compositional elements
 Reproduction: This is considered the most fundamental and historically the oldest
right of a copyright owner
 For a right to be infringed firstly there must exist a sufficient degree of objective
similarity between the copyright work and the alleged infringement and secondly
that this was the result of the copyright work having been copied i.e There was a
causal connection between the two.
 The exclusive right relates not only to the ENTIRE WORK but also any substantial
part of it
Exclusive Rights ctd

8. 
 Sections 9-17
 Private personal use-
 Quotation
 Reproduction for teaching
 Reproduction to public for broadcasting to public for
informatory purposes
 Reproduction, adaptation of computer programs
 Importation for personal use
 Display of works
 Permitted use of artwork in public places
Exceptions to copyright ctd

9. 
 Though it is not in dispute that authors should be
protected what has been in contest is the optimum
term of protection required (rational and fair
protection)
 Life of the author plus fifty years
 There are different lengths of protection for different
types of works such as audiovisual works, work
published anonymously, work of applied art
Duration of copyright

10. 
 Do I need a licence to record and display cover songs
on You Tube?
Cover songs

11. 
 Yes, but...
Do I need a licence for a You Tube Cover?

12. 
 N.B Music Publisher arrangements with You Tube

13. 
 YouTube is required by law to have a number of broadcast licenses
 Explanation of You Tube Licence
 N.B Warranties in You Tube Licence
 N.B You Tube copyright policy
 N.B DMCA (Digital Millenium Copyright Act)

14. 
 Content I. D match
 May receive copyright strike from record label or owner of copyright
 After multiple strikes your channel is deleted!
 Two separate pieces of property-: Copyright in the song- lyrics,melody-Musical
composition and copyright (neighbouring right) in the sound recording
 One single licence does not cover every usage of a song!!!!
 Monetization of videos- confirm own all elements
YouTube Process

15. 
Cover songs –Love
Yourself

16. 
Local Cover

17. 
Love Yourself Rap
version

18. 
Isasha- let’s do this

19. 
Let’s do this cover

20. 
Commonly used
licences
 Mechanical- Use of audio to be reproduced on CD,
Dvd, Digital Download, Itunes
 Master- Use of sound recording e.g TV ad
 Public Performance-Playing of a song in public
written by someone else- Collecting Society
 Sampling- Differs from conventional infringements
as use song, music AND sound recording

21. 
 1 868-767-3279
 Email Address: cparris@mariedeverelaw.com,
carlaparris@yahoo.co.uk
 Marie De Vere Chambers
 5 Longden St
 Port of Spain
Author’s Contact info