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Copyright in the music industry
Copyright law in music industry
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In 1709, The British Statue Of Anne was commemorated as the first copyright statue. Initially it only pertained to the copying of books, however over time it began to include translations and derivative works. Afterwards, The British North America Act named copyright as a Canadian jurisdiction in 1867, and in 1924 Canada passed the Canadian Copyright Act with the intent of encouraging inventions, ideas, and accumulation. It is a legal action that gives exclusive rights and ownership over the created material to the originator or assignee, including the ability to perform, record, reproduce, translate, and broadcast it. This implies that anyone else seeking to profit off the copyrighted material is obligated to get permission prior to usage. …show more content…
In the music industry, copyright plays a huge role in ensuring that songwriters receive credit and pay every time a song is played. Composers are the first owners of copyright. When it pertains to recording, whoever books and pays for the studio receives ownership regardless if it’s the singer or recording company. This law, and the addition of royalties, ensures that the singer, recording company, and songwriter are all compensated and acknowledged. If copyright was abolished, it would result in many of the lesser-known people in the field to switch industries. Therefore if copyright weren’t to exist (contrary to the belief of people anti-copyright) it would restrict the creation of music by creating an even greater capitalist norm of the top-tier succeeding while smaller artists struggled to exist. For written sources, copyright protects the author’s and illustrator’s descriptions, discussions, explanations, and illustrations. It does not prevent someone from creating a written document on the same general topic, and therefore does not limit creativity. Overall, it allows creators to rely on royalty income, which is an incentive to produce more content while simultaneously preventing them from requiring another job. In return, this benefits society by constantly having new …show more content…
If it were to be abolished a domino effect would occur. Many creators would not be properly compensated for the time, work, and energy that went into creating the song, movie, book, play, article, etc. Without incentive and an ability to be financially secure, the entertainment industry (along with many businesses and companies) would plummet. This would also create a gap in universities/collages that offer English, acting, directing, producing, etc. programs. For schools who’s main source of income is due to these programs, it could cause problems maintaining resources and a degree of etiquette for the students. Society would very rarely be exposed to new forms of literature, music, movies, and plays. As these being a big factor of distressing in many people’s lives, this could impact the way society functions, acts, and works. Overall, The Copyright Act is justifiable and required to maintain a well-rounded, happy
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
Singers and songwriters need to make a living somehow. They know that downloading music is a way to get their voice heard, but they also know that it is significantly hurting the business. "When your product is being regularly stolen, there comes a time when you have to take appropriate action," said RIAA president Cary Sherman (RIAA 1). There are a lot of people involved in the music scheme when it comes to who needs to get paid by the revenue. From the sale of one CD, singers get one small fraction of the cost, another fraction goes to song writers, musicians also get some of the profit along with retailers, engineers, technicians, warehouse working, and ever...
...entertainment industry is saying that intellectual property is just as real as physical property. The digital age faces a true balancing act a digital dilemma if you will- the right to freedom of expression while protecting intellectual property.
One of the most prominent legal issues in copyright law pertains to ‘fair use’. Fair use can be exemplified as a person who stores copyrighted music files on their personal laptop in folders accessible by the public, which are liable for infringing upon the copyright owner’s exclusive right to distribute. Another case exemplified is when a software developer could be vicariously liable for copyright infringement when it distributes technology in which individuals have the option to share copyrighted and non-copyrighted material. In both of these cases, the courts are demanded to “ascertain the limits of statutory language through judicial interpretation and interpolation.” (Jessica D. Litman, Copyright, Compromise, and Legislative History, 72 CORNELL L. REV. 857, 858
The central message of this text is that increasingly, outdated copyright laws are being manipulated and put to use in a ludicrous manner. This is resulting in the suppression of people’s ability to generate and share their own creative expressions.
“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).
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
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.
Copyright is not a natural process; it is essentially an agreement between the state and an artist, where the state gives the artist a monopoly on works they make for a certain time in hopes that this artist will continue to create more works. This agreement is beneficial for all parties; the artist gets money for their work (as no one is allowed to produce copies unless granted permission) and an incentive to create new works. The state has artisans to keep the public happy.
In the present day, Americans have had to realize what the word “freedom” means. Whether it is recognizing our freedom as American citizens and defending ourselves against a growing threat of terrorism, or protesting war as we attempt to protect another country’s plea for freedom, all Americans have looked closer at the definition of freedom. In this heightened age of freedom and evaluating our constitutional rights, it is interesting that censorship is still a controversial issue. Perhaps the most significant examples of censorship take place in the arts. While the First Amendment considers censorship illegal, there are many ways that censorship still occurs in visual art, theatre, television, and film. Perhaps film has the most organized system of censorship found in the MPAA (Motion Picture Association of America). Chris Roth writes in his article “Three Decades of Film Censorship…right before your eyes”, that censorship by ratings is a serious First Amendment issue that deserves debate and action. The article poses many questions about the MPAA and the restrictions it places on director’s creativity. However, the most important issue it addresses is our freedom as American citizens to promote, protect, and view a diverse mosaic of ideas on screen.
Piracy is primarily a problem for the entertainment and software industries, and therefore piracy most often involves violations of copyright law. Copyright is a legal right that protects creative works from being reproduced, performed, or disseminated without permission of the copyright owner. Essentially, a copyright gives its owner the exclusive right to make copies of the material in question.
In its simplest terms, copyright is the U.S. government’s way of protecting the rights of anyone creating an original work, such as a play, song, poem, book, or artwork. Only the work’s original author or creator can make copies, distribute, sell, perform or adapt that work. Originally passed into law 35 years ago, the Copyright Act of 1976 has undergone many changes in the wake of advancing technology, including such changes as categorizing any work on the Internet as “published” (Copyright Act of 1976). Of
Moreover, hackers came up with new ways to remove the digital copyrights so the same as before one downloads music and distributes them around. The industry gets its revenue from selling this content, whether it’s online or in stores, this funds new projects and allows for better products in the future. The public should be aware of this, downloading the content for free, and not buying it will decrease revenue for the companies, stopping them from undertaking future projects. “Production companies should lower the price on their products, I can’t buy music for at least 20$ per album and DVDs for 30$, I only make 200$ per month,” said George Issa, a music fan who spends most of his nights downloading music from the internet, “when there is an album or movie that I really like, I try to buy it legally, I don’t think I am doing anything wrong, they are wrong making money off our backs,” he added.
However, in recent years, it is not uncommon to see copyright in the possession of a third party other than the creator. These companies make use of copyright as an investment and financial tools to gain profit. In this case, the use of copyright loses its original purpose of protecting the creator, but used as a mean for financial gain. This could possibly hinder creativity as innovation becomes a financial tool catered to the tastes of the general public, while the less marketable new ideas goes unnoticed by the general public under the copyright laws. It is crucial to note that online platforms such as blogs, Facebook and Youtube, and people making their music/works available online for free shows the rapid surge in the number of people willing to sacrifice their copyrights to market themselves to the world. In this highly saturated market, copyright laws can become less relevant as marketing and business is placed on higher
A copyright is a legal means that gives the creator of mythical, imaginative, musical, or other creative work the solitary right to publish and sell that work. Copyright owners have the right to manage the reproduction of their work, including the right to receive imbursement for that reproduction. An author may contribute or sell those rights to others, including publishers or recording corporations. Breach of a copyright is called copyright