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(PDF) Understanding Copyright Laws

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Added on  2021-04-16

(PDF) Understanding Copyright Laws

   Added on 2021-04-16

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COPYRIGHT LAWS 1AuthorNameInstitution
(PDF) Understanding Copyright Laws_1
COPYRIGHT LAWS 2IntroductionIntellectual property is any work which is treated as an asset or physical property. IP involvesdesign rights, trademarks, patents, and copyrights. The economic framework underpinning themusic industry and other creative industries in the UK is the intellectual property. Copyright onthe hand is the currency framework for such property (Stone, 2009 p.220). In the UK andglobally, any music or recording made can be licensed for value thus generating income.Licensing ensures that new content is created by providing incentives thus promoting thecreation of new content. Music is created in many forms including film-soundtrack or radiojingle. Any creative composers of music are protected by copyright laws. Those compensatedalso include producers and artists who are sufficiently compensated for their work. When playingmusic in public, it has to be cleared, or permission from the holders of the copyright should beacquired. Permission can be obtained through license or clearing (Alexander & Gómez-Arostegui, 2016 p. 373). 1. UK IP Law and MusicIn the UK, the current law protecting IP rights is the Copyrights, Patent and Design Act of1988.The act in section 2gives musical artists and producers the right to control how theirmaterials can be used. The rights cover public performance, lending, and copying, renting andissuing copies to the public. The author in many cases also has to be acknowledged and canobject any distortion of their musical works. The types of work protected under the act alsoinclude musical score and recordings. The rights protected under the act occur when the work iscreated by an artist or company. For work to be considered original, it should exhibit a certaindegree of skill or labor. Interpretation is construed based on the creation itself, not the process or
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COPYRIGHT LAWS 3idea behind a certain creation. Under the 1988 Act, the person or a group of people who authorthe work are the first copyright owners (Toremans, 2009 p.461S). Copyright can be sold to another person, just like any other asset. If work takes copies or piecesfrom another work, copyright cannot be claimed. Films are protected as part of the filmsoundtracks which include films and sound as stated in section 5B (2) of the Act.Copyrights formusical and artistic works according to the 1988 section 12, Copyright, Designs and Patents Act,lasts for 70 years after the last author of the work dies. For sound recording, the copyright undersection 13 A, lasts for 50 years after the year the sound was recorded. Films are protected undersection 5B (1) of the Act. Infringement of copyright includes authorizing another person to doany acts which are restricted under the Act as stated under section 16 (3) of the Act. UK is also asignatory of WIPO, TRIPS and Vienna convention which are international treaties on theprotection of IP rights, these treaties enshrine in them international standards for the protectionof IP, and most of the sections are similar to the Copyrights, Patent, and Design Act of 1988.2. The role, representation, and processes of UK collection societiesWhen it comes to sound and recording rights, performing artists are entitled to royalties. Whenaudio is recorded for release, the label owns the right to the sound recording; hence the royaltiesgenerated are split 50/50 between the artists and the production label. For musicians to get paid,they rely on royalties generated from licensing copyrighted songs and recordings. As a business,the music industry relies on such royalties to pay the musicians. There have been manyadjustments to the IP law systems used in licensing, despite the fact that the law has remained thesame over the years. Song writers and performing artists are two types of musicians. Performingartists hold copyrights to recordings of performances, while song writers own the right to their
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