musictt ip valuation conference - licences lecture by carla parris
TRANSCRIPT
Music Licenses
The World Intellectual Property Organization (WIPO) is one of
the 17 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world
Administers 26 international treaties and is headquartered in Geneza, Switzerland
Trinidad and Tobago is a member of WIPO and party to 12 international treaties related to IP.
188 member states approve WIPO's strategic direction and activities in the annual meetings of the Assemblies
What is Intellectual Property?
WIPO definition “Products of the mind, inventions,
literary and artistic works, any symbols, names, images and designs used in commerce”
World Trade Organisation definition ”Rights given to people over the creation of their minds and creators can be given the right to prevent others from using their inventions, designs or other creations”
IP is a valuable asset
IP definitions
What is Copyright?
Copyright Act Ch 82:80 Act no 8 of 1997
Property right which subsists in certain specified types of literary, artistic, or musical works which grant the owner of copyright the exclusive right to do certain acts in relation to the work e.g. making a copy, broadcasting or selling to the public
It subsists in certain original works Section 5
NATURE OF COPYRIGHT
Copyright does not protect ideas only their expression
The material must be original in order to be entitled to protection
The author must have used the requisite degree of skill and labour to induce protection
The work must be reduced to a material form
There are no formalities to copyright protection – Berne Convention
Copyright arises automatically when a work that qualifies for protection is created
Essential facts about copyright
The owner of copyright has the exclusive right to authorize or prohibit
following acts- Section 9 of the Copyright Act
Reproduction
Translation
Adaptation
The first public distribution
Rental or public lending
Importation
Public performance
Exclusive Rights of Copyright Owner
Broadcasting of the work
Public display
Adaptation example : copyright claim over compositional elements
Reproduction: This is considered the most fundamental and historically the oldest right of a copyright owner
For a right to be infringed firstly there must exist a sufficient degree of objective similarity between the copyright work and the alleged infringement and secondly that this was the result of the copyright work having been copied i.e There was a causal connection between the two.
The exclusive right relates not only to the ENTIRE WORK but also any substantial part of it
Exclusive Rights ctd
Sections 9-17
Private personal use-
Quotation
Reproduction for teaching
Reproduction to public for broadcasting to public for informatory purposes
Reproduction, adaptation of computer programs
Importation for personal use
Display of works
Permitted use of artwork in public places
Exceptions to copyright ctd
Though it is not in dispute that authors should be
protected what has been in contest is the optimum term of protection required (rational and fair protection)
Life of the author plus fifty years
There are different lengths of protection for different types of works such as audiovisual works, work published anonymously, work of applied art
Duration of copyright
Do I need a licence to record and display cover songs
on You Tube?
Cover songs
Yes, but...
Do I need a licence for a You Tube Cover?
N.B Music Publisher arrangements with You Tube
YouTube is required by law to have a number of broadcast licenses
Explanation of You Tube Licence
N.B Warranties in You Tube Licence
N.B You Tube copyright policy
N.B DMCA (Digital Millenium Copyright Act)
Content I. D match
May receive copyright strike from record label or owner of copyright
After multiple strikes your channel is deleted!
Two separate pieces of property-: Copyright in the song- lyrics,melody-Musical composition and copyright (neighbouring right) in the sound recording
One single licence does not cover every usage of a song!!!!
Monetization of videos- confirm own all elements
YouTube Process
Cover songs –Love Yourself
Local Cover
Love Yourself Rap version
Isasha- let’s do this
Let’s do this cover
Commonly used licences
Mechanical- Use of audio to be reproduced on CD, Dvd, Digital Download, Itunes
Master- Use of sound recording e.g TV ad
Public Performance-Playing of a song in public written by someone else- Collecting Society
Sampling- Differs from conventional infringements as use song, music AND sound recording
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