Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies surpass copyright infringement and make a profit from the artist? Can a copyright really make that much of a difference in the world we know today?
Intellectual Property and Copyrights
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
How can someone obtain a copyright? To ob...
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...en the biggest hurdles the music industry has overcome. Thanks to iTunes and Google Music record labels and artist can reach almost anyone in the world with their music and know that their work won’t be infringed upon. In the next five years copyrights will still have the respect it has today. As technology moves along copyrights will be right behind it revising the rules and regulations to make sure that an artist intellectual property is safe and that the artist or label can receive compensatory damages for copyright infringement.
Works Cited
A&M Records, Inc. v. Napster Inc., 239 f.3d 1004 (U.S. Court of Appeals For The 9th Circuit 2 12, 2001).
Copyright Law of the United States of America. (2013). Retrieved from Copyright United States Copyright Office.
Miller, R. J. (2011). Business Law Today: Comprehensive. Mason: South-Western Cengage Learning.
COURSEWORK FOR CONTRACT LAW (MUSIC*) *On what basis does the inclusion of samples of a recording made by *Pink Floyd constitute an infringement of copyright? In civil law regarding copyright, there are two types of infringement; primary and secondary. Primary is concerned with the unauthorised use of copyrighted works and secondary would involve the dealing or making commercial use of such infringing copies. In the music industry, an infringement of copyright often consists of an existing piece of music being used by an artist without permission from the person or company who own the rights to the original music or recorded sound. This is exactly what has happened with Alexei Duff. He has used two samples from two Pink Floyd tracks and did not get permission from the appropriate copyright owners. If found guilty in court, this would be regarded as primary infringement. There is a lot of confusion about sampling in the music industry. Several think that if only a small fraction of a piece of music is sampled, whether it is a few notes or a few seconds, then it does not need to be cleared for use however this is not the case. The 1988 Copyright Act says that for an infringement of copyright to have taken place, the sample used must be of a substantial part. This means that it is the quality rather than the quantity of the sample used which determines if an infringement of copyright has occurred. In the case of Alexie Duff, one of his tracks uses a ten second sample extracted from the song “Dark side of the moon” and the sample is looped throughout the track entire. This means that the sample substantially contributes to the overall piece of music created by the artist and as the sample has not been cleared, an infringement of ...
Recently, there has been a series of copyright infringement litigations against Internet businesses that are involved with unauthorized distribution of music files. The US recording industry claims to lose three million dollars per year because of piracy. A report predicted an estimated 16 percent of all US music sales, or 985 million dollars would be lost due to online piracy by 2002 (Foege, 2000; cited from McCourt & Burkart, 2003) Even though this claim has to be taken with caution, as it is based on false assumption that if copyright laws were strictly enforced, audio pirates would become buyers, it is apparent that audio piracy grew to a worrisome level for the record industry. (Gayer & Shy, 2003)
Abstract: In 1995 Lance Rose and Esther Dyson wrote articles in Wired Magazine expressing polarized views on the future of copyright law and copyright infringement. This essay reviews those articles, analyzes each article's accuracy as defined by current trends years later.
According to “The Changing Landscape of the Music Business,” Artists have to develop an image that appeals to the supporters in order to be unique. This can be achieved through the promotion of their music, but if the artist makes the wrong move, this can result in the artist struggling to sustain their career. There are many ways that licensing music can go wrong, with it either going into the wrong hands, or is abused with promotion so that the song isn’t enjoyed anymore, resulting in less sales or profit for the
Ketola (2004) The Old Napster case not dismissed. Online at http://www.afterdown.com Referenced on November 20th, 2004
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
Every day we encounter a lot of music as we go about our lives, whether we're listening to the radio, watching a film, shopping or going to lunch, we are constantly surrounded by music. All of this music has to be licensed, meaning musicians can make money by earning royalties from their recorded music.
The entertainment industry and many musicians regarded P2P as a big crisis for copyright, so that they sued the company that produced Napster. “Anger leads Metallica to the Internet,” an article by Karen Schubert in USA TODAY, noticed that heavy-metal band Metallica was suing Napster. And now some people in the music industry are fighting with a distributor of P2P software even in the Supreme Court, and lobbying to outlaw P2P technology. In “File sharing goes to High Court,” USA ...
Copyright, in its first form, was first introduced in 1710 with a British statute of Anne. Since this time copyright laws have changed to remain current, and have grown into an international agreement by many countries around the globe.
In 2001, the case of A &M Records, Inc. v. Napster, Inc. was first heard in the United States District Court of Northern California where Napster claimed that the record companies were, in fact, violating their First Amendment rights. The court disagreed with this argument, held, and ruled in favor of the record companies saying that they indeed had a valid argument.
Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the integrity of artists copyrights in the age of MP3. Prince has now filed a motion in New York federal court aimed at shutting down several websites offering free downloads of the Artist's songs." (http://www.mtv.com…19990304/prince.jhtml) In addition, in recent music news, "Nine Inch Nails lead man Trent Reznor copyright infringement suit was dismissed. Another artist claimed that the Reznor had stolen material for his last album." (http://www.mtv.com…19991202/nine_inch_nails.jhtml) The copyright law has become an important legal aspect to know our music generation.
In the past, music has been a costly business, where only people with a lot of money could enter and be successful in the industry. Changes in the music industry coupled with new computer technology have made it much easier for people without a lot of money to compose, produce, and distribute their creation. In order to get a better understanding of the music industry in comparison to 2014, one has to look at its history. There were many things that happened from the 1980’s onward, and they brought on a significant impact towards the music industry. Development in computer technology has also made a big impression on music. Many things within these fields have enabled artists to connect with their fans in a way they couldn’t before, and on a lower budget. In this paper, the discussion will be about all of these topics, and about the factors that help transform the music industry into something altogether easier for new people to contribute.
Copyright is a protection for authors, composers or artists and other creators who create innovative idea base work. Copyright law is important because of its role to protect the interests of the creator, while allowing others to gain access to it legally. It designed to make sure that creators receive appropriate rights for their own ideas and creativity, and to promote artistic creativity by protecting the creator.
The music industry started in the mid 18th century with Wolfgang Amadeus Mozart. Through the decades there has been a great increase in this industry; however, the revenues for this industry have declined by half in the last 10 years. This has been caused by music piracy, which “is the copying and distributing of copies of a piece of music for which the composer, recording artist, or copyright-holding record company did not give consent” . After 1980’s, when the Internet was released to public, people started to develop programs and websites in which they could share music, videos, and information with...
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.