1.
Who actually holds the copyright in a piece of music - artist,
record company, composer/publisher or all three?
There
is generally more than one owner of rights in any given
track. The people who wrote the tune and the lyrics and/or
their publishers own authors' rights,
which is the classic copyright. The artist that performs that music has certain
'related rights' as a performer. And a record label typically owns the copyright
or producer's related rights in the particular recording of the song.
Permission
is needed from all of these people who created the music-or
those to whom they have assigned their rights-in order
to use the music.
2. How
do I know if there's a copyright on a particular piece
of music?
All
music and recordings of music are copyrighted and also
subject to protections of 'related rights' as of
the date they are created, and for at least 50
years afterwards (up to 120 years in some countries). In Europe, for
example, authors
and music publishers retain copyright for 70 years after the death of
the author. You may find a copyright or other notice indicating
that the music
is protected
(e.g. © (P) 2003, Acme Records Ltd. All rights reserved), but these
are not necessary. Protection is automatic.
3. How
do I know if what
I'm doing is legal or illegal?
Under copyright and related rights it is not legal to copy, adapt,
translate, perform, or broadcast a protected work or recording, or
put it on the internet,
unless a specific exception exists in the copyright law of your country,
or unless you have permission from all of the relevant owners of rights.
Copyright
and related protections apply in virtually every country.
In fact they are required by international law in the 150 countries
that are
members
of various
copyright treaties, and the 145 countries that are members of the
World Trade Organisation.
4. Is
it illegal for me to copy and
distribute music even if I'm not making money out of it?
The question of whether you are doing copying for profit may
affect what penalties apply, but does not determine whether you
are in
breach of copyright.
The
legal case against the illegal file-sharing service Napster
proved the point. The court found that users of that peer-to-peer
service
were engaged
in 'commercial'
copying even though no money changed hands. The key ruling
of the court was that 'Napster users get for free something
that
they
would ordinarily
have
to buy.'
Napster, 114 F. Supp. 2d, at 912.
5. Isn't
it legal to make copies for my own personal use?
The laws of some countries have limited exceptions to
the rights owners' rights to control copying, which allow
a limited
number
of copies to
be made strictly
for personal and private use.
These
exceptions do not apply, however, if you make available
or transmit copyright material over the internet, distribute
your
'private' copies,
or (in many countries)
copy from illegal sources. In short, the law does not
allow indiscriminate peer-to-peer transfers of copyright
material.
These do not fit
the definition of 'private'
copies. This is 'public' copying among millions of
users.
6. If
I have bought a legitimate CD, can't
I do what I
like with the
music
on it?
In buying a legitimate CD you have paid for the right
to own the physical disc, to play it privately, and
to pass
on the same
physical
disc to
another person.
You have not bought the right to distribute copies,
whether on CD-R or over the internet.
7. So
what if I break
the law - what
can
anyone
do about
it?
Where people persistently make music available
on the internet in breach of copyright laws,
they are
in effect
acting
as copyright thieves and
that exposes
them to
the risk of legal action by the copyright holders.
Owners
of copyright and related rights regularly take action in
different countries to remove
illegal material
from
the internet and to seek
civil or criminal
sanctions against infringers. Hundreds of
millions of music files are removed from the
internet each year through co-operation between
internet service providers and the music
industry.
Civil
and criminal lawsuits have been taken against internet
infringers in many countries.
The music
industry has announced
its intention
to step up
action against
copyright theft of this type.
8. Is
there a copyright on all music, including music that may
no longer
be available
commercially?
Generally, yes. While some very old songs
may have fallen into the public domain,
the vast
bulk of those
that appear
on the
internet are
still under
copyright
protection.
The
fact that a song or a track is no longer offered commercially
by its creators
is
not relevant. It's
their music, and
copyright gives
them the
right to withdraw
their work from commercial publication
if they like.
9. What
if I just
want to download
a
few songs to
see if
it's worth
buying
the
album?
That's fine if you're allowed to
so by the holder of the rights.
Some commercial
sites
let you
listen to
clips from
particular
songs, or
sample a limited
download of tracks from their service,
as a 'taster' of the music.
But
there is no general right or exception that lets you copy
before
you buy without
permission,
for the
obvious
reason that
once something
is copied
it
probably won't be bought.
10.
Is it all right to transmit and copy
material
over the internet if it is
marked with 'delete within 24 hours',
'for
evaluation
purposes',
or a similar
disclaimer?
These excuses are not recognised
by copyright. The law looks
to the reality of what
is happening-unauthorised
transmission and
reproduction
of somebody
else's
music-rather than 'fine
print' that is clearly false.
11. Does
it make a difference how
much I'm uploading?
You are likely to be
breaking the law whether
you are uploading
one
copyrighted
song
or thousands. Of course
the impact
on the legitimate
music community
of what you are doing
is more serious the more
music
you are illegally uploading.
12. Is
all file-sharing illegal?
The vast bulk of
peer-to-peer 'file
sharing' is considered
illegal
copying and transmission
of copyright material.
But this is a
matter of choice
for the rights
owners involved.
It's
fine if the owners
of rights for
any particular
song agree
that it could be
put on a peer-to-peer
service and
copied and transmitted
without
payment or restriction.
Most
rights owners do not do this, however,
because
they
see peer-to-peer
activities
as hurting sales
of music and
the livelihoods
of people
in the business.
13. What
if I download music
from a
site from a
different country
than
the one I'm
in, where the
law might
be different?
Internet activities
of this sort
typically involve
acts
of copying,
transmission,
or distribution
in both countries,
so both countries'
laws would
apply. Copyright
owners
usually take
action
in the country
in which
the infringer
is located,
however.
Among
most of the countries
where the
internet
is prevalent,
there
are international
agreements
in
place allowing
court judgements
in one
country to be enforced
in the
other. This
process
would be typically
used
only
in complicated
or unusual
cases.
14. Where
can I
find
out more about the different
laws
on copying
and copyright?
What
is copyright?
FAQs. World
Intellectual
Property
Organisation.
What
is copyright?
Copyright
and the
internet.
The
international
legal
framework. IFPI.
Where
can I look
at various countries'
copyright laws?
WIPO collection
of laws for
electronic access. |
