Introduction to Copyright
There is one thing that the music industry relies on more than anything else. It’s not the writing of music, nor is it the playing of music. It’s not a constant stream of new bands exciting customers to part with their money, nor is it the creation of ‘stars’ to help to sell CD and downloads.
The modern music industry could not exist without copyright, because without copyright the music industry would have nothing to sell. But what exactly is copyright, and how does it apply to entrepreneurs in the music world? When was copyright first enshrined in law, how long does copyright exist in music?
What is intellectual property?
Intellectual property is an ‘umbrella’ term that refers to a number of distinct types of legal monopolies over ‘creations of the mind’, both artistic and commercial. Common types of intellectual property include copyrights, trademarks, and patents. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary and artistic works (copyright), discoveries and inventions (patents) and words, phrases, symbols, and designs (trademarks).
What is copyright?
Copyright is the set of exclusive rights that are granted to the author or creator of an original work, such as a songwriter or record company. Copyright is usually but not exclusively granted to the creator of a work of art as opposed to a mechanical engineer. The most important of the rights granted include the right to copy, distribute (often in the form of selling copies) and adapt an original work.
These rights can be licensed, transferred and/or assigned to a company, such as a record company.
How long do these rights last for?
Copyright in recordings lasts for fifty years from the date that the recording was made. Copyright in compositions lasts for seventy years from when the last surviving composer dies. After these periods the work is said to enter the public domain.
Can anything be ‘copyrighted’?
According to Wikipedia, copyright applies to a wide range of works that are substantive and fixed in a medium. What this means is that these rights only exist in works that can be written down, recorded or captured on some medium, so a poem can be ‘copyrighted’ but a thought can’t! Also, the work has to have some ‘worth’, which is a very vague term that can keep lawyers debating for hours over its meaning.
What’s the difference between a copyright and a patent?
A copyright is usually applied to a work of art, whether that be literary, dramatic, a performance or a piece of music. A patent is a different type of exclusive right that is applied to an invention, such as a new kind of car, and is usually granted by a government body on receipt of a design. This is important as you can’t claim a patent on an idea, only the implementation of an idea. The same principle applies to copyright; you don’t have a copyright for the idea of a song, only the actual song itself.
What’s a moral right?
As well as copyright, some countries also recognise ‘moral rights’ of the creator of a work which are separate concepts, such as the artist’s right to be credited for the work. Unfortunately it is very common for an artist to ‘waive’ their moral rights when they sign a record or publishing deal. This is often because the record company cannot guarantee that, for example, the artist will always be credited for their work wherever it is used.
How did copyright begin?
The Statute of Anne, which became law in the UK in 1709 is often cited as the origin of copyright law. It was brought in as an effort by governments to regulate and control the output of printers, a modern invention in the Eighteenth century. It essentially gave governments the ability to control who was printing and distributing what material.
Is copyright the same all over the world?
No. No song or recording is automatically protected worldwide. Each country has its own copyright laws and standards, but there are international treaties which provide copyright protection automatically for all creative works as soon as they are fixed in a medium. The Berne Convention was the first attempt to achieve this and was established in 1886. The Buenos Aires convention was established in 1910 and retained in the Universal Copyright Convention of 1952.
Can I be sent to jail for infringing copyright?
Almost certainly not. Copyright is generally enforced under civil law as it is a property matter and most disputes arise out of the infringement of these rights. However some countries do apply criminal sanctions which can include jail sentences, especially for ‘piracy’.
How do I copyright my work?
Firstly, copyright is not a verb, it’s a noun, you don’t ‘copyright’ anything! Secondly, in the UK (and most of the western world) copyright is granted to an author the moment that the work is recorded in some form. So if you have written a new song and recorded it on a laptop, or written it down on manuscript, you now have the copyright in the composition. It’s as simple as that, there is nothing else that you have to do.
How do I protect my copyright?
There are many conflicting opinions on this matter, the Intellectual Property Office outlines a typical approach. Unfortunately, in the real world it is close to impossible to protect your copyright unless you are willing and able to employ lawyers and fight court battles to enforce your rights. It’s important to remember that copyright is not intrinsic to your work, it is something that is granted by governments (and enforced by courts), and sadly it can be extremely expensive to pursue someone who you believe has infringed these rights.