It cannot be overemphasized the importance of copyright law for music artists because it ensures that their creative works are preserved as intellectual property. It is the motivation that powers their artistic expressions. With the copyright the musicians obtain the exclusive right for their music, which prevents inappropriate use and provides them a well-earned compensation. In a sector which trades on creativity and innovation, such a warrant pushes artists to keep making creative and outstanding songs and compositions. The case of Nigeria, where the copyright law covers musical works, the artists are motivated with the pride of getting their hard work acknowledged and remunerated. This moves them and leads them to discover new trends and test their creative limits, which consequently broaden the cultural canvas of the society. The copyright law is more than just a dry legal framework – it is a profound empowering instrument that determines the level of creative artistry.
Copyrights, together with patents and trademarks, are the main types of intellectual property. A trademark securities a business’s name, slogan, or logo, whereas a patent safeguards inventions and ideas. On the other hand, It protects original works of authorship, including published and unpublished works. Publication is not a must and condition for copyright protection but original work should be fixed in a tangible medium. From the moment a work is published either online or in print, it automatically becomes copyrighted. On the other hand, registering a copyright in a copyright office gives many benefits. First of all, registration is a must for bringing a lawsuit for copyright infringement. In addition, registration within five years of publishing offers a basic or a prima facie evidence for ownership in a copyright dispute. Registering would render the pursuit of statutory damages and attorney fees possible in case of any infringement. The registration process entails submission of an application, a copy of the work and a fee to the Copyright Office. Even if it is a completely online process, legal assistance should be sought to make sure that the process is conducted in an accurate manner. Unlike the popular belief, sending yourself a copy of your work via postal mail does not provide copyright protection on the same level with the official copyright registration. Only through the Office registration is one able to get the full benefits of copyright protection. As a result, it is necessary to have knowledge and be able to use the proper copyright registration procedures efficiently in order to protect intellectual property appropriately.Now
Now, this is a few scenarios, this one I got from some guy they call him de Bogan it be music publisher where they lecture for some uni, so some artist called Kofi, he is a songwriter which is specialized in acoustic High Life music, he operates as an independent artist which means no record labels, no music publisher to collect in royalties for him, now he is writing his own lyrics and he writes some song, titled ‘be your mind’. He released the music as an independent artist now in this scenario Kofi own the copyright for one of the music composition and two, another scenario, is when you get some rapper they call him Kojo, he signed to a record label called Street vibe records now he writes his own music but you know get a music publishing agreement now he wrote a song with the title ‘they call them turn up’ now records it in Street vibe records’ studio because Kojo signed to Street vibe records he own the copyright over a music composition but Street vibe records owns the sound recordings just because of a signed contract with the record label.
The reproduction of copyrighted content without the authorization of the right holder results in what might be a very severe penalty. Contrarily, the law allows other applications of copyright material without the express consent of the copyright holder under the fair use doctrine. It, fair use, constitutes the very function that legalizes its introduction. This can range from news media, religious situations, schools, and even being used to parody. For example, a few lyrics or seconds of song or video can be seen without infringing the copyright rules in news broadcasts. For instance, a trustworthy use of intellectual property in educational or non-profit divine circumstances can be declared fair use. An exemplary case aroused in the city of Cleveland, Ohio, in which the application of the fair use was clearly shown about several decades ago. Late to learn, a TV station owned by locals broadcast a carnival soirée on the 6 p.m. News which it had planned to show on 11 p.m. – the Human Cannonball being his property. For the station, it was aired without authorization and after that, the person filing suit claimed that he was a victim of copyright infringement. Notwithstanding the justification of the station being (U) within the fair use when reporting news, the court ruled in favor of the Human Cannonball. The judge held the view that letting a full performance enter the market with the intention of making a profit precisely violated the defense clause which favors fair use. This case illustrates how an impartial assessment that involves many factors might end up in different conclusions and up to the accused a misuse of fair.
Where a musical work has been performed by a performer, that performer enjoys copyright. Copyright gives this performer the right to prohibit others from singing or playing that work during for a certain period. The particular owner whose copyright is registered is the artist who gains an exclusive right to the record, produce, market, release, stream, perform in public or even produce a work by derivation. The digital copyright law prevents them sharing their previous work without legal permission.
However, the licensee may be authorized to podcast the program if a particular condition is met by the copyright owner receiving the royalty fees. It is stated here, that a person cannot employ the tune of the song without permission and also he/she cannot utilize the recording and in case he/she does, he/she will be responsible for copyright infringement.
Licenses for music includes movies, TV series, ads, online playlisting, as well as involvement in concerts and live performances. In addition, we will provide assistance with contract mark-up with, for example, additions for agreements and conditions of use. The monies the right holder gets through the license terms for using their music are termed as the music royalties.
The royalties collection implies that we will get paid from artists, writers, and others who are using music in TV adverts, downloads, music streaming, and live shows. Organization such as PROs, record labels and even various platforms of distribution tend to play the roles middle-men in respect of the collection of royalties and mediation of the original artist.
Here, it should be noted that the underlying ownership still remains with the artist (licensor) who legally owns all those rights, and the licensee is permitted a legal, limited right mentioned in a licensing agreement. Licensing agreements assigns earnings either as a commercial or financial reward in the form of either royalties or lump-sum payment.
The music sector is licensed by Recorded Music License and Songwriter Licenses (for sound recordings and music compositions), Video and Film Licenses (incorporating songs in visual/audio works), Public Performance License (relating to public musical performance), and New Technology Licenses (for multiplication and distribution of sources of music).
It is only by the way of licensing and fairly compensating writers that the goal of fair results and the creators themselves being paid for for the use of their work across mediums and platforms could be achieved. Moreover, it will be the method that does not allow the mass illegal use of copyrighted data.
The Cultural Problem of Inter-national protection of copyright involves some serious complications:
Jurisdictional Complexity: Abiding by the complexity of intellectual property laws is another obstacle which we are facing while developing the international copyright. The unity of a single legal system, which can handle all countries without the need in enforcing the rights of copyright in the international courts is not possible because every country has its own set of law which governs the international copyright law. Lastly but not least, when the taker and thereceivers are located in different countries, copyright investigations poses one of the biggest challenges.
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Differences in Copyright Duration: To better understand the copyright term in different countries, it is necessary to appreciate that their provisions change a lot. While one nation may give creator copyright right for a lifetime and some specified period of years, there may be different set of rights and time length as another country has; and some nations may have regulations which are differing from others. The result of such dissimilarity of laws is creation of mixed picture and hampering the application of common claims of copyright holders in the international field.
Digital Piracy: The digital age of internet and other technologies undeniably has side effects when aids in the infringement of copyright on large scale. Copyright infringement and piracy of copyright materials online creates negative effect on creators to receive financial benefits generated by copyright work, and the creators are in financial loss in consequence.
Lack of Enforcement Mechanisms: As the copyright laws are internationally supported, the fact that countries are unable to comply by such international laws is still a big concern. The countries which bases their copyright laws only on the “harmonize” approach of international policy or do not have the instruments to restrict the copyright infringement will be the weak link. The number of countries, whose degree of the prevention of violation of copyright or these ones’ infringement of the regulations towards it, differs significantly.
As a composer, it’s important to understand your rights and how to protect your music. Copyright law gives you the exclusive right to control the use of your music, and it’s important to know how to exercise those rights. In this article, we’ll give you 6 tips on how to protect your music composition rights. We’ll discuss the importance of registering your work, how to negotiate licenses, and what to do if your work is infringed. We’ll also give you some tips on how to avoid infringement in the first place.
Register Your Work: The first thing you can do to protect your music composition rights is to register your work. If you’re not familiar with the concept of “registration,” let’s break it down. The government gives you certain exclusive rights to your creative work. For example, you have the exclusive right to decide how your music is used, and which parties can use it. You can decide to license your music and charge a fee, or you can decide not to license it and keep it exclusive to yourself and your business. If you register your work with the government, then you have additional exclusive rights beyond those given to you by copyright law. These rights include the ability to sue infringers. Not registering your work is basically saying that you don’t claim any rights to it. If someone uses your music without permission, you can’t sue them, and you can’t ask for damages. You can, however, keep your rights by registering your work.
Get Your Work in Writing: Organize your compositions in a dedicated app or binder. Make sure all of your songs are backed up on a storage device. If you’ve entered into a contract or signed a license with someone, it’s important to have those agreements in writing. You should have a clear understanding of the terms of any agreements you enter into. You should also make sure that your agreements are in writing. If you ever enter into a contract with someone, make sure you get a signed copy of that contract. Same goes for if you sign an agreement with a music publishing company or a record label, make sure you get a copy of the agreement. If you don’t get a copy of the agreement, you can’t dispute it later.
Understand Licenses: One of the most common ways that people use music is through a license. When you license music, you are paying someone to use their music. This can be done in many ways, including downloading music from an online database. When you license music from someone, you usually sign a contract. This contract will spell out what rights you’re licensing and what rights you’ve agreed to give up. Make sure you understand the rights you’re giving up when you license music.
Be Proactive: It’s always better to be proactive than reactive when it comes to protecting your music composition rights. If you’re worried about your music being infringed, you can take steps to protect it. A smart way to protect your music composition rights is by registering your compositions with ASCAP or BMI. This will make sure your compositions are listed in their databases and make it harder for people to infringe on your compositions.
Take Action If Your Work Is Infringed: If your music composition rights are being infringed, you can take action. Music artists who properly register their music can make their cases to court. A lawyer can help you with cease and desist letters and takedown letters. They can also help you with legal action if necessary.
Finally, copyright is an integral element of artists’ lucrative success, as it empowers them with exclusive trump cards over the use of their compositions and ensures that they are fairly paid. The question of whether Kofi works independently, or whether he is signed to any record label like Kojo does not really matter the fact that is whether being familiar with, and applying the copyright laws become key ingredients for securing intellectual property rights. On the one hand, legislations are the basis for the constituting copyright regulations and serve as the source of inspiration of the artists to make new ideas and fulfill the social role. But a further crucial issue of the international copyright regime is regional fair compensation and transborder protocols. On the other hand, music composers have to register their musical pieces and comply with licensing agreements as well as use courts for copyright infringement to ensure proper usage of their work in a fast-changing music business.
