Academic literature on the topic 'Music copyright'

Playback of music or songs on the radio has the potential to infringe the copyright songwriters. Based on the applicable legal provisions, namely Law Number 28 the Year 2014 concerning Copyrights, the songwriter is the copyright owner of music which is protected by law. Therefore, parties who take advantage of music must obtain permission from the copyright owner. Radio companies should get permission from the copyright owner to play the music on their radio station. However, it is difficult to oversee the playback of the music on the radio. In this context, a collective management agency (CMA) emerges, but the presence of a CMA is not mandatory or optional. Therefore, this paper does not involve CMA. In this regard, legal issues arise, namely how to protect music copyrights according to applicable law to attain legal certainty. This paper is a theoretical study of legal theory or legal doctrine relating to the rights of songwriters. In legal science or jurisprudence it is not clearly distinguished between legal doctrine and legal theory. In discussing this issue, firstly it will be discussed about the meaning and types of music copyrights. Next, it will be discussed about the legal construction or legal framework of music copyrights. Based on theoretical studies, songwriters have various rights with specific characteristics so that the treatments must also be accurate. The legal construction of music copyrights is intertwined in a network of legal binding that is influenced by subject and object factors. The subjects involved are interconnected to use the music as its object. The legal relationship between subjects is mutually beneficial or mutual symbiosis. Meanwhile, music as objects is a flexible commodity. Therefore, airing music on the radio is in doubt to be categorized as copyright infringement.

Authors of original works (such as music, books, et cetera) have certain exclusive rights including, but not limited to, the reproduction of copyrighted works in copies and the preparation of derivative works. Apple’s iTunes is a vehicle for infringement. The conversion of compact discs (“CDs”) to a compressed format for portable music players such as iPods, iPhones, iPads, and computers violates a copyright holder’s exclusive rights. This Article discusses the fundamental issue of copyright protections, the way iTunes facilitates the infringement of these rights, and the legal liability of Apple for creation of this software.

The Covid-19 pandemic has accelerated the digital influence on the Indonesian music industry. Music concerts, which are usually held offline with crowds of people, are no longer possible because crowds can make new clusters of Covid-19. The Indonesian music industry needs alternatives to survive the pandemic, and the advance in technology has the solution. Virtual concerts that are broadcasted via digital platforms have started to thrive. They use copyrighted songs and/or music so that royalty payments are made in accordance with the type of use and needs. Unfortunately, the Law Number 28 of 2014 on Copyright and the Government Regulation Number 56 of 2021 on the Management of Song and/or Music Copyright Royalties do not regulate the use in detail and specific manners. Therefore, the industry actors have not found the right payment formula for the economic rights royalties. The absence of regulations certainly does not reduce the user’s primary obligation to obtain a songwriter's permission and pay royalties for song and/or music copyrights. The fulfillment of the obligation to pay royalties must still be accomplished with due regard to applicable provisions. This study examined the problems with a normative juridical method. It considered the practices and customs that apply in Indonesia. It also generated some perspectives from relevant stakeholders.

The emergence of social media Youtube also raises new legal problems in the field of copyright. The use of music as a video background by a content creator is often done without the permission of the creator. Using the work without the author's permission violates the exclusive rights of the creator. This paper will describe the policies that YouTube has in protecting music creators as well as law enforcement efforts for Content Creators who use music as a background without the creator's permission in connection with copyright regulations in Indonesia. The research is normative research using a statutory approach, data collection through library research, and analysis using descriptive-analytical techniques. The results of the study show that the protection of music as a background for videos uploaded on the Youtube site is regulated in Article 5, Article 9, and Article 20 of the Copyright Law. Copyright legal protection is provided by Youtube by granting a license, through this license copyright holders can claim Content ID in the event of a violation of copyrighted material. The Indonesian government provides repressive measures that can be taken in the event of copyright infringement through litigation and non-litigation.

It is strange, and indeed unfortunate, that the term ‘copyright’ is so uninspiring, because the subject-matter of copyright is inspiration itself: copyright is concerned with the creative output of authors, composers, artists and others who enrich the cultural and intellectual dimensions of life. It is the purpose of the copyright system, as it operates today, in accordance with principles which have been developed over the last century and a half, to ensure that cultural and intellectual works are created and disseminated as plentifully and as widely as possible.

Abstract Why did Baidu, China's largest Internet search service, settle a 2011 music copyright infringement case with three large western music publishers when it had prevailed on previous such claims against it? Dong and Jayakar explore four possible reasons for the Baidu settlement, and conclude that while one may not have been enough, all of them taken together likely led to the result, representing a major shift in Baidu's position on music copyrights. The authors then ask if this case may be exemplary of a major shift of China's overall attitude towards copyright and intellectual property.

Copyright is legal and registered work. a copyright holder has two exclusive rights: economic and moral rights. A song or music copyright is one of the copyrights in the realm of art. However, there have been several copyright infringements in the music industry recently, and the cover version of a song is one of many. Many performers cover songs without the consent of original composers. They also sell and buy the music, which has obviously taken away the creator's economic and moral rights. As a result, legal protection for composers is required to prevent future instances of copyright infringements of music. The objective of this study is to determine the legal protection afforded to copyright holders of the commercialized version of a cover song, as well as the purposeful conclusion of the case involving the marketed version of the covered song. This research employed a normative approach based on literature. This study's technical analysis employed descriptive - qualitative methods. Two types of legal protection for songwriters constitute preventative and repressive protection, where the former is achieved by registering works held by the Directorate General of Intellectual Property Rights and undertaking public awareness campaigns emphasizing the significance of copyright recognition. Meanwhile, repressive protection is sought by filing a civil complaint, and criminal charges to the District Court. There are two options to resolve copyright issues over songs: in court or outside court, where the litigation process involves filing a case to the district court, and the non-litigation process may require negotiation.

ABSTRACT An understanding of copyright is a must-have for every music worker or person in the music industry, because this is closely related to the protection of every work created by musicians so that they are not misused by irresponsible parties and take good profits. financially and existentially. This study aims to determine the awareness of musicians related to Law Number 28 of 2014 Year concerning Copyright and the occurrence of copyright infringement, especially song copyrights in Serang City. The research method used is research with a qualitative approach with data collection techniques, namely observation, interviews and documentation. The results of the study indicate that the influence of the Copyright Law for music workers in Serang City who are members of the Salbai 34 Venue community has not had a significant influence in providing legal protection, because in each of their published musical works, almost on average they have not met to get royalties. per month due to several digital platform rules that put limits on getting royalties from each work that is played and there are still many copyright infringement cases, by unscrupulous music workers, both by musicians and content creators. The level of legal awareness of music workers in Serang City regarding copyright in terms of Law Number 28 of 2014 Year is not yet or still lacks legal awareness. There are four indicators to determine that music workers in Serang City do not yet have good legal awareness, where each of these indicators is a stage for the next stage, namely legal knowledge, legal understanding, legal attitudes, and patterns of understanding community behavior.

Indonesia has a variety of traditional arts, one of which is Balinese gamelan music, along with the development of times as well as technology and the internet, a Balinese gamelan music art is easy for the public to enjoy but is prone to copyright infringement. The Balinese gamelan is a traditional Balinese musical instrument that has a unique sound which is then developed and preserved by Balinese artists in anticipation of the occurrence of sengkera, and to obtain legal certainty for creators of Balinese gamelan music in their work. The purpose of this study is to determine the legal arrangements for the intellectual property rights of Balinese gamelan music and to know the legal protection of intellectual property rights of Balinese gamelan music. By using normative research methods. Intellectual Property Rights consist of copyrights regulated in Law No.28 of 2014 concerning Copyright which regulates protected works, traditional cultural expressions, and law enforcement efforts through civil suits, criminal charges, arbitration and legal remedies and criminal sanctions. It is better if the Copyright Law regulates traditional music works of art in more detail and is developed by examining legal violations that occur through technological sophistication both domestically and abroad.

Music librarians must have knowledge of the copyright laws which govern the transferring of music from the old analogue form to the new digital formats. These laws were a particular concern of the South African Music Archive Project (SAMAP) which aimed to create an online resource for indigenous South African music particularly that of musicians suppressed during the apartheid years. Polak’s (2009) study was an offshoot of SAMAP. This article draws on her study and identifies the specific problems encountered by music librarians with regard to digital copyright law pertaining to music. The guiding theoretical framework is based on the Berne Convention (2014) and the World Intellectual Property Organization (WIPO) Copyright Treaty (1996) which provide the overarching international framework for guiding copyright. The literature review focuses on the international and national legislation; copyright in original recordings; duration of copyright; fair use, the public domain and information commons; copyright and fair dealing; and the South African Copyright Act (No. 98 of 1978). A survey conducted by e-mail identified problem areas experienced by the music librarians regarding the digital music copyright laws in South Africa. Two sets of guidelines for South African music librarians were formulated using their responses and the literature reviewed, and recommendations are made.

Copyright markets, it is said, are ‘winner takes all’ markets favouring the interests of corporate investors over the interests of primary creators. However, little is known about popular music creators’ ‘lived experience’ of copyright. This thesis interrogates key aspects of copyright transactions between creators and investors operating in the UK music industries using analysis of various copyright related documents and semi-structured interviews with creators and investors. The research found considerable variety in the types of ‘deal’ creators enter into and considerable divergence in the potential rewards. It was observed that new-entrant creators have little comprehension of the basic tenets of copyright, but with experience they become more ‘copyright aware’. Documentary and interview evidence reveals creators routinely assign copyright to third party investors for the full term of copyright in sound recordings: the justification for this is questionable. An almost inevitable consequence of this asymmetry of understanding of copyright and asymmetry of bargaining power is that creators become alienated from their copyright works. The empirical evidence presented here supports historic and contemporary calls for a statutory mechanism limiting the maximum copyright assignment period to ten-years.

Today’s technology of music file sharing in peer-to-peer networks is genius. Peer-to-peer are networks composed of several computers enabling files to be shared among users. A substantial part of the files shared constitute unlawful copies; uploading and downloading of such files infringes copyright legislation. File sharing through peer-to-peer networks is therefore both a genius technology and a copyright infringement.

Peer-to-peer technology has been subject to heavy debate in media, both nationally and internationally. The issue of illegal downloads of music is an international dilemma since music is a global commodity. Sweden has been accused of being file sharers’ haven by organisations such as the Recording Industry Association of America (RIAA). Internet access and broadband capacity is very high in Sweden, which is a reason why many Swedes engage in file sharing. The Swedish company, The Pirate Bay, is the creator of one of the most popular file sharing websites in the world, using the BitTorrent application. The website offers free downloading of inter alia music, films and software. Like most peer-to-peer networks the Pirate Bay website includes copyrighted material, which often is published without the consent of copyright holders. As a result The Pirate Bay is facing a lawsuit on behalf of numerous organisations and companies in the music and film industry.

The Pirate Bay is accused of contributory infringement and of preparation to commit a copyright infringement according to the Swedish Copyright Act (SwCA).  Contrary to the American copyright legislation, the SwCA does not contain any explicit provisions regarding contributory infringement. The SwCA refers to the Swedish Criminal Code, which states that preparation to copyright infringement and contributing to such infringement is illegal and punishable. There is currently a lack of Swedish case law regarding copyright infringement and there are no cases concerning contributory infringement. One reason is that the field of law is constantly changing; the copyright legislation is adjusted to the technological developments. The lack of case law causes unpredictability of the SwCA, which may be harmful to the rule of law. International organisations, such as the RIAA, consider the SwCA to be somewhat ineffective and that it needs to be amended in order to uphold the fundamental purpose of copyright.

Copyright is a partly harmonised area of law from a global perspective. However, since the Internet and file sharing through peer-to-peer networks is an international phenomenon, copyright legislation needs further harmonisation internationally. At the time there is an ongoing process of implementing the European Union (EU) Enforcement Directive into the SwCA, which grants greater rights to copyright holders. The Directive contains provisions that simplify the process of taking action against an alleged infringer, which may in the long run increase the amount of case law in Sweden. At the same time the implementation of the Enforcement Directive has been criticised as being too far reaching and intruding people’s privacy.

File sharing through peer-to-peer networks benefits consumers by offering easy access to a wide range of music for a low cost, at the same time enabling artists to reach out to a larger audience. Consumers are vital for the music industry, since they purchase the music. However, the fundamental aim of copyright is to reward copyright holders and function as an incentive to encourage creativity. Consequently, without economic rights the incentive to create is forfeit and music production might decrease. Even if the justification of copyright is primarily to protect creators of a work, it is also essential to emphasise the consumer aspect. Therefore it is of importance to balance the interests of all parties involved.

In order to uphold the purpose of copyright and interests of the general public, it is necessary to promote and develop more legal file sharing alternatives. Music in digital formats has to some extent replaced the traditional Compact Disc (CD) format. Therefore the music industry must cooperate with among others Internet Service Providers (ISPs) in order to embrace the digital developments of music and offer better solutions to consumers. Simultaneously, there is a lack of knowledge of copyright among the Swedish population, which is why more education is required. In conclusion, advertisement and education could decrease illegal file sharing and enhance all the parties’ interests.

Dagens fildelningsteknologi i peer-to-peer nätverk är genial. Peer-to-peer är nätverk bestående av flera sammankopplade datorer som möjliggör fildelning mellan användare. En betydande mängd av de delade filerna utgör dock olagliga kopior; uppladdning och nedladdning av sådana filer bryter mot upphovsrättslagstiftningen. Fildelning genom peer-to-peer nätverk är därför både genial teknologi och upphovsrättsintrång.

Peer-to-peer teknologin har väckt stor debatt i media, både nationellt och internationellt. Frågan kring illegal nedladdning av musik är ett internationellt dilemma eftersom musik är en global handelsvara. Sverige har kritiserats av organisationer som Recording Industry Association of America (RIAA) för att vara en frizon för fildelare. Tillgången till internet och bredband är väldigt hög i Sverige, vilket är en anledning till varför många svenskar fildelar. Det svenska företaget The Pirate Bay som använder sig av BitTorrent protokollet, är skapare till en av världens populäraste fildelningssajter. Webbsidan erbjuder gratis nedladdning av bland annat musik, film och programvara. I likhet med de flesta peer-to-peer nätverk innehåller The Pirate Bay’s hemsida upphovsrättsskyddat material som ofta har blivit tillgängliggjort utan upphovsrättshavarens medgivande. Till följd av detta har ett flertal organisationer och företag inom musik- och filmindustrin ingett en stämningsansökan mot The Pirate Bay.        

The Pirate Bay är åtalade för medhjälp och förberedelse till brott mot upphovsrättslagen. I motsats till den amerikanska lagen om upphovsrätt innehåller inte den svenska upphovsrättslagen några uttryckliga bestämmelser rörande medhjälp till brott mot upphovsrätt. Upphovsrättslagen hänvisar istället till brottsbalken som stadgar att förberedelse och medverkan till brott är olagligt och straffbart. I dagsläget finns endast ett fåtal svenska rättsfall angående upphovsrättsintrång men inga fall kring medhjälp till upphovsrättsintrång. En bidragande faktor kan vara att rättsområdet ständigt ändras; upphovsrättslagstiftningen anpassas kontinuerligt till den tekniska utvecklingen. Bristen på svenska rättsfall leder till att upphovsrättslagens tillämpning blir oförutsägbar, vilket kan vara skadligt för rättsäkerheten. Internationella organisationer som exempelvis RIAA anser att den svenska upphovsrättslagen är ineffektiv och att ändringar behöver göras för att upprätthålla upphovsrättens grundläggande syfte.      

Upphovsrätten är till viss del en harmoniserad lagstiftning ur ett globalt perspektiv. Eftersom internet och fildelning genom peer-to-peer nätverk är ett internationellt fenomen behöver upphovsrättslagen ytterligare harmonisering på ett internationellt plan. I dagsläget pågår en implementering av Europeiska Unionens (EU:s) sanktionsdirektiv som tillerkänner större rättigheter till upphovsrättshavare. Direktivet innehåller bestämmelser som förenklar möjligheten för rättighetshavare att vidta åtgärder mot personer som begår upphovsrättsintrång, vilket på sikt kan komma att bidra till en ökad mängd rättsfall. Sanktionsdirektivet har samtidigt kritiserats för att vara alltför långtgående och inskränker människors rätt till privatliv.

Fildelning genom peer-to-peer nätverk är förmånligt för konsumenter genom att utbudet av musik är stort, lättillgängligt och till en låg kostnad; samtidigt ger nätverken artister möjligheten att nå ut till en bredare publik. Konsumenter är nödvändiga för musikindustrin eftersom de inhandlar musiken. Dock är det viktigt att upprätthålla det fundamentala syftet med upphovsrätt, vilket är att ersätta upphovsrättshavaren för sitt verk och fungera som ett incitament till att stimulera skapade. Utan de ekonomiska rättigheterna skulle uppmuntran att skapa nya alster gå förlorad, och musikproduktionen skulle minska. Trots att upphovsrätten rättfärdigas genom att skydda rättighetshavare så är det även angeläget att understryka värdet av konsumenterna. Det är därför av stor vikt att balansera samtliga parters intressen.

Det är nödvändigt att marknadsföra och utveckla fler lagliga fildelningsalternativ för att upprätthålla upphovsrättens syfte och samhällets intresse. Digital musik har till viss del ersatt det traditionella Compact Disc (CD) formatet. Musikindustrin måste därför samarbeta med bland annat internetleverantörer för att ta till sig den digitala utvecklingen av musik och erbjuda bättre lösningar till konsumenter. För närvarade har den svenska befolkningen otillräckliga kunskaper inom upphovsrätt, varför mer utbildning behövs. Avslutningsvis, skulle marknadsföring och utbildning kunna bidra till en minskning av den illegala fildelningen och gynna alla parters intressen.       

The thesis begins by describing the current problems in the fragmented world of music copyrights indicating musicians are not being paid accurately due to lack of transparency in the calculation of royalties and this lead to legal battle. Later we investigate how blockchain technology can alleviate much of the difficulties associated with this complexity. We further explore the legislative and institutional support for the technology necessary for a successful implementation, in form of legislations and governmental projects. We find out that numerous authorities have started voting favourable legislations and recognizing the technology as a valid public ledger. Eventually, we confirm our findings by analysing existing laws.

In 2001 China amended its copyright law in accordance with the requirements of the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). This thesis explores the impact of copyright reform on China’s domestic film and music industries. Through extensive interviews with film and music industry workers – directors, producers, executives, judges, lawyers and musicians – it investigates the role of copyright in film and music’s shift from state driven to commercially focussed. The construction and negotiation of a new ‘copyright culture’ in China is examined through the lens of Yurchak’s (1999) concept of ‘entrepreneurial governmentality.’ Administrative structures put in place prior to China’s economic reform are no longer capable of controlling film and music production and consumption and new approaches to managing it are becoming more important. High levels of unauthorised distribution are forcing these industries to adapt their business models so that they can function in a system with weak copyright protection. Legal, economic and political changes have resulted in the emergence of an ‘entrepreneurial governmentality’ among film and music industry professionals. This commercially focussed group is, in turn, increasing pressure on the state to expand the space in which it can function and support efforts to strengthen the copyright system that allows it to exist. It is suggested that the construction and negotiation of a new ‘copyright culture’ is now taking place. This thesis describes the current situation in the film and music industries. It examines the tension between the theoretical possibilities created by copyright law, and the practical challenges of operating in China. It observes innovative business models being applied by film and music businesses in China. It discusses the impact of traditional attitudes to copying and also examines the role that open licensing models might play in helping limit the negative effects of copyright protection on public access to content and in raising levels of education about copyright among key groups within the community.

During the evolution of the music industry, developments in the media environment have required music firms to adapt in order to survive. Changes in broadcast radio programming during the 1950s; the Compact Cassette during the 1970s; and the deregulation of media ownership during the 1990s are all examples of changes which have heavily affected the music industry. This study explores similar contemporary dynamics, examines how decision makers in the music industry perceive and make sense of the developments, and reveals how they revise their business strategies, based on their mental models of the media environment. A qualitative system dynamics model is developed in order to support the reasoning brought forward by the study. The model is empirically grounded, but is also based on previous music industry research and a theoretical platform constituted by concepts from evolutionary economics and sociology of culture. The empirical data primarily consist of 36 personal interviews with decision makers in the American, British and Swedish music industrial ecosystems. The study argues that the model which is proposed, more effectively explains contemporary music industry dynamics than music industry models presented by previous research initiatives. Supported by the model, the study is able to show how “new” media outlets make old music business models obsolete and challenge the industry’s traditional power structures. It is no longer possible to expose music at one outlet (usually broadcast radio) in the hope that it will lead to sales of the same music at another (e.g. a compact disc). The study shows that many music industry decision makers still have not embraced the new logic, and have not yet challenged their traditional mental models of the media environment. Rather, they remain focused on preserving the pivotal role held by the CD and other physical distribution technologies. Further, the study shows that while many music firms remain attached to the old models, other firms, primarily music publishers, have accepted the transformation, and have reluctantly recognised the realities of a virtualised environment.

This PhD study starts with a single question: 'how do songwriters collaborate to write effective songs?' I will test several hypotheses, including 'amateur and professional songwriters demonstrate different behaviours','songwriting represents the collision of existing ideas', 'song form is market-driven', 'songwriters learn by hearing extant songs' and 'process and product are interrelated and it is possible to change the latter by consciously manipulating the former'. In testing the hypotheses, I will discuss the titular 'Four Cs' - Constraint, Creativity, Copyright and Collaboration. The last is explained easily in the central question; the first is necessitated by the inescapable fact that popular song exhibits statistically probable norms relating to characteristics such as harmony, form, lyric theme and rhyme. The second (Creativity) obviously requires originality, which in music manifests itself as the third - Copyright. Therefore, it is necessary to explore the constraints of song, and to consider songwriters' ability to cross the lower originality threshold of creativity defined by copyright. The research is itself constrained to a study of the work of 'professional' songwriters, defined as individuals whose work has generated income through royalties. I take the philosophical position that songs can only exist when there is an additional listener to hear them. Historically and culturally I define 'songwriting' as British and American popular songwriting as practised between 1952 and 2012 (the first 60 years of the 'singles chart' in the UK), although in some cases it will be necessary to make reference to slightly earlier sources . Three evidence bases are used: real-time recqrdings of songwriting sessions, immediate retrospective reports by songwriters, and later retrospective interviews. The first of these is auto-ethnographic; I have documented my own collaborative processes across a variety of real-world composition and songwriting projects. The research draws on existing academic literature, particularly in the fields of popular musicology and cognitive psychology, but also making reference to tertiary fields such as law, sociology, literature and philosophy. This thesis does not posit a 'template method' for songwriting - even a cursory examination of the evidence suggests that no such thing exists. Rather, the intention is to identify and analyse the way songwriting teams negotiate the creative and problem-solving challenges of writing effective songs.

Society’s progression through the digital streaming age has created a music licensing landscape of grave concern to all stakeholders in the industry. These drastic changes have occurred under an outdated legal framework. This paper will recommend a comprehensive reform to our copyright law to uphold the intentions of copyright in the modern, digital age of today. By looking at the history of copyright and its evolution, one can assess how Congress has been tasked with establishing a fair market value for music by promoting the public interest and fairly compensating copyright owners. This will lead to an evaluation and comparison of those methods used to determine fair market value for creative works that will be the basis of the recommendation used to modernize copyright law. This recommendation will comprehensively provide for equitable treatment for all parties in the streaming age through its totality, additional reforms, and alternative ideas.

There is a lack of interest and empirical analysis in the existing literature on composers’ relations with their publishers and the role of Collective Management Organizations (CMOs) within the system of music copyright. The purpose of this paper is to explore and understand the influence of digitization within the music industry on the copyright enforcement in the Netherlands and on rights holders and the CMOs. Also to explore and understand how their mutual relationships are affected by digitization of the music industry. A qualitative analysis was done by reviewing scientific literature, performing a documents analysis and doing open interviews. In the existing economics of copyright literature, the main focus is set on transaction costs, efficiency and welfare topics. The findings can be used to understand and model how rights holders and CMOs cope with the digitization and contribute to the policy makers and economic actor’s discussion about future improvement of the copyright enforcement system.

The music scene in cyberspace is an example of how a legal framework has been developed to curb online copyright infringement. The emergence, in the mid-1990’s, of online music websites and software programs such as MP3 technology to compress and download music, have delivered considerable copyright threat to the music industry. This threat has been further exacerbated by the remarkable development of technological innovations, such as high-speed broadband Internet connection and affordable CD burners, which are capable of delivering fast download and reasonably good audio and visual quality. This emerging information technology has made reproducing and sharing the work of others extremely easy, and has caused great concern for the music industry. This paper traces the evolution of the digital music scene in cyberspace and describes the attempts of the US and Australian music trade groups in putting an end to music piracy in cyberspace.