Intellectual Property Essay

1257 words - 6 pages

The lawyer Gregory T. Victoroff said “At its best, sampling benefits society by creating a valuable new contribution to modern music literature. At its worst, sampling is vandalism and stealing”. Half-way between creativity and plagiarism, sampling is a controversial issue in the music industry and the infringement of copyright. In this assignment I’m going to be discussing copyright and intellectual property rights in relation to the music industry.

The Statute of Anne, was the first form of law that protected intellectual property, invented in the UK in 1709. The ultimate goal of intellectual property law is that human knowledge is increased and made accessible to everyone. Under the ...view middle of the document...

The law is not protecting peoples goods under this right, it's protecting what people have created, what pops up into peoples minds when they look at these goods. For example, there are many cases where someone would sell merchandise or goods with the artists logo or name, damaging the artists good will. This cases are infringing intellectual property rights prima facie.

Performance rights, protect an artist in the live sector. Giving the right to limit from exploitation of the performance without consent. Performers are able to stop recordings of the performance and also to stop any unauthorised use and distribution of these recordings. When performers sign up collecting societies like PRS for music, they are then recognised by the society, which is able collect royalties on their behalf from shops and radio stations that communicate or have public performances of the artists music. Together with publishers, if it is the case, can then distribute the royalties back to the respective artist.

Copyright is a bundle of rights that protects the owner of a work from misuse and unwanted exploitation. There’s some limitations to what you can do without authorisation of the owner: reproduction of the work, which means no one else is allowed to copy the work, including sampling as a form of reproduction. As well as adaptation, public performance, issue copies, communication to the public, and rent or lend.

There’s five exceptions that are allowed to do without consent from the owner: issue temporary copies, copy for non commercial uses like research or private study, copy for criticism and review, educational and library purposes, reporting current events.

Copyright protects different types of creative works. Which are: original, derivative or typographical arrangements. Original works refer to musical, literary, dramatic and artistic type of works, and they are protected for 70 years after the death of the last surviving author. Derivative works are anything between sound recordings, films or broadcasts and last for 70 years after published. Typographical arrangements refer to literary publications and last for 25 years. Therefore what happens with a hit song like bittersweet symphony, which people still listen after the debut in 1997, is that the copyright holder is able to earn from the song for a long period of time.

The traditional record and publishing areas of the music industry are built around this bundle of rights that protect a song, and basically figured out how do we make money out of copyright. The publishing site monitors the relationship between songwriters and the music publisher, and recorded site the relationship between recording artist and the record...

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