C opyright Toni Lumley Music

Song Copyrights Copyrights identify who actually owns the rights to a song thus who gets to make money from it. When songwriters write songs, the songs are automatically copyrighted as soon as they are in a completed form. As a copyright owner, they held the right to reproduce the copyrighted song in various forms and distribute it. If the songs is self recorded then the artist also holds the sound recording copyright and have the right to publicly play or perform that song.

Shared Copyright Copyright can also be shared between individuals who collectively contribute to a completed song. Shared Copyright Issues; Case Study – Guns N’ Roses The lead singer of Guns N' Roses and the alleged majority owner of all trademarks and licensing associated with the band, recently filed a lawsuit against Activision, claiming the company in using the song "Welcome to the Jungle" in the game "Guitar Hero III," tied the song to their former band mate Slash. The lead singer is seeking £20 million, he claims that Activision guaranteed the song would not be used alongside Slash's image as it implies what is currently under debate which is Slash’s performance copyrights to the song having contributed to its melody.

How Long Does Copyright Last Copyright in a literary, dramatic, musical or artistic work lasts for the life of the author and 70 years from the end of the year in which he/she died. Copyright in a sound recording expires 50 years from the end of the year in which it was made. Copyright in a broadcast expires 50 years from the end of the year of making of the broadcast.

Types of Music Royalties Music royalties make up a significant proportion of a recording artist, songwriter and music publisher's income. The types of royalties associated between this industry can be subdivided into four main categories; Mechanical Performance Synchronization Print

Mechanical Royalties A mechanical royalty is the money paid to the recording artists, song writers and publishers. This refers to the permissions granted by the publisher for the distribution of the music. The mechanical royalty is then paid to the artist, songwriter and publisher by an agreed amount per recordings sold. The current mechanical royalty rate is £0.057 for a single song 5 minutes or less. Mechanical Royalties Permission for distribution Song Writers Artist Publisher Money

Performance Rights & Royalties Performance rights and royalties is money gained from public performance of a song. Performance Rights Societies collect these fees and distribute the earnings to the artists or copyright holders of the music. When a song is publically played such as on the radio a "blanket license" will be distributed for permission to play the song with exchange of an agreed fee. Performance Royalties Permission for performance of a song Artist Copyright Owner Money

Synchronization Royalties Synchronization Royalties is money paid to the songwriters and publishers to allow the music to be used in movies, commercials, voice overs and TV shows. If a specific recorded version of a song is used, a "master use" license is also needed. Synchronization Royalties Permission for song to be used commercially Artist Publishers Songwriters Money

Print Royalties Print royalties involves the money paid to songwriters and publishers based on sales of printed sheet music of a song. The percentage varies greatly and is determined in the agreement process between the publisher and the songwriter. Print Royalties Sales of song sheet music ArtistSongwriters Money

Copyright Infringement Copyright infringement is the unauthorized use of work under copyright. Infringing the copyright holder's exclusive rights for example to make derivative works without permission. Issues & Debates; Derivative Work “Piracy” Criminal Liability Penalties & Enforcement

Derivative Work Derivative work is a new, original product that includes aspects of a pre-existing, already copyrighted work. Example Music icon Rihanna is facing another lawsuit this year involving derivative work by photographer Philip Paulus.

Derivative Work Example

Piracy Piracy traditionally refers to illegal acts intentionally committed for financial gain. The most common form of piracy in music is through online copyright infringement, particularly in relation to peer-to-peer file sharing networks such as “torrant” sites.

Piracy Case Study A court in Sweden in February 2009 filed for court against ‘The Pirate Bay’, the world's most high-profile file-sharing website, in a landmark case. 'The Pirate Bay' lists torrents across all media and digital platforms. Those torrent files are used as a starting point for Bit Torrent-based file swapping. The four men initially where ordered to pay £28million in damages but major record companies, software companies and Hollywood studios where also trying to get damages totalling £14 million for revenue loss. Verdict The four men were found guilty of breaking copyright law and were sentenced to a year in jail and to pay £2.5million in damages.

Criminal Liability & Penalties England and Wales The Copyright, Designs and Patents Act 1988 specifies a number of offences for copyright infringement ; Criminal liability for making or dealing with infringing work Criminal liability for making, dealing with or using illicit recordings Devices and services designed to circumvent technological measures Offence of fraudulently receiving programmes Penalties & Enforcement If a person is found guilty of one of the above offences they may receive a fine and or face imprisonment. The amount of any fine and the length of any imprisonment will depend on the nature of the offence.

References Chill Effects [online] last visited 28 th October 2011 at: Indie Hip Hop [online] last visited 26 th October 2011 at: work/ work/ Ipo [online] last visited 26 th October 2011 at: Ipo [online] last visited 26 th October 2011 at: Lick Library [online] last visited 26 th October 2011 at: PRS for Music [online] last visited 26 th October 2011 at: UK Copyright Service [online] last visited 28 th October 2011 at: Wired [online] last visited 28 th October 2011 at: Youtube [online] last visited 26 th October 2011 at