This article has been written by Ms. Amrutha Selvam, an LLB student at Mahatma Gandhi University, Kerala
Copyright law is a fundamental aspect of protecting the rights of creators of original works, such as musical compositions. It enables the creators to have control over the use of their creations and prevent unauthorized use. International copyright law, specifically, governs the protection of musical works in different countries and the ability of copyright holders to enforce their rights across borders. With the advancement of technology, it has become increasingly important to understand and navigate the complex web of international copyright laws that govern the protection of musical works. In this article, we will delve into the various international treaties, laws, and regulations that govern the protection of musical works globally, and also discuss some important case laws that have shaped the international copyright laws for musical works. This will help in understanding the legal framework for protecting the rights of creators of musical works and provide insight into the challenges and solutions in protecting copyright in the digital age.
Berne Convention
The Berne Convention is an international treaty that sets minimum standards for copyright protection in countries that are party to the convention. The Berne Convention requires member countries to provide copyright protection for literary and artistic works, including musical compositions, and to recognize the copyright of works from other member countries as if they were their own. This means that a song written by a U.S. citizen will be protected by copyright law in all countries that are party to the Berne Convention, including the United States.
The TRIPS Agreement
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international treaty that sets minimum standards for intellectual property protection for member countries of the World Trade Organization (WTO). TRIPS requires member countries to provide copyright protection for musical works, among other types of works, and to recognize the copyright of works from other member countries.
Regional Copyright Treaties
In addition to the Berne Convention and TRIPS, there are several regional copyright treaties that provide protection for musical works in specific regions of the world. For example, the African Regional Intellectual Property Organization (ARIPO) and the Organization of American States (OAS) have their own copyright treaties.
ENFORCING COPYRIGHT INTERNATIONALLY
Enforcing copyright internationally can be a complex and challenging task, as the laws and procedures for enforcing rights vary from country to country. Additionally, the Berne Convention and other international treaties do not provide for a centralized system for enforcing copyright. However, copyright holders can take several steps to protect their rights and enforce their copyright internationally. One of the most important things for copyright holders to do is to be aware of the laws and procedures for enforcing copyright in the countries where they wish to protect their rights. This includes understanding the specific requirements for registering copyright, the rights that copyright holders have under the laws of the country, and the process for filing complaints and taking legal action against infringement. Another important step is to seek legal assistance if necessary. This can include hiring a lawyer with expertise in international copyright law, or working with an organization that specializes in protecting the rights of copyright holders. Such organizations can provide guidance and support in navigating the legal system and can also assist in resolving disputes through mediation or other means. It’s also important for copyright holders to monitor their works for infringement and take action when necessary. This can include filing takedown notices for infringing content on the internet, or filing complaints with the relevant authorities. In recent years, digital technologies have led to new challenges for copyright holders in protecting their rights. This includes issues such as online piracy and streaming services that may not have proper licenses for the use of copyrighted works. To combat this, copyright holders can use digital rights management technologies to control the distribution of their works and take legal action against infringing websites or services. International organizations such as the World Intellectual Property Organization (WIPO) and the International Federation of the Phonographic Industry (IFPI) work to promote the protection of copyright for musical works globally and to provide a platform for resolving disputes.
RIGHTS AND LIMITATIONS OF COPYRIGHT HOLDERS
Copyright protection for musical works typically includes the exclusive rights to reproduce, distribute, and perform the work publicly. In many countries, copyright protection for musical works begins as soon as the work is fixed in a tangible form, such as being written down or recorded. In order to claim copyright in a musical work, it must be original and possess a minimal level of creativity. Copyright holders can also grant licenses to others to use their works, such as through a recording or synchronization license for use in film or television. However, copyright laws can also vary with regards to how long the copyright on a musical work lasts, and copyright infringement can occur when someone uses a copyrighted work without permission or a valid license from the copyright holder, with penalties including fines and injunctions to stop infringing activities
CASE LAWS
Some important case laws that have shaped the international copyright laws for musical works include:
- Bridgeport Music v. Dimension Films (2005): This U.S. court case established that sampling of copyrighted sound recordings without permission is copyright infringement. This case involved a dispute between the record company Bridgeport Music and the film production company Dimension Films over the use of samples from Bridgeport’s copyrighted sound recordings in the movie “Friday After Next”. The court found that Dimension Films had used the samples without obtaining a license, and that the use of the samples was not protected by the doctrine of “fair use”. As a result, the court ruled that Dimension Films had committed copyright infringement, and ordered them to pay damages to Bridgeport Music.
- GEMA v. YouTube (2010): The European Court of Justice ruled that YouTube could not be held liable for copyright infringement if it did not have actual knowledge of the infringing activity and acted quickly to remove it once it was made aware. This case involved a dispute between the German copyright collecting society GEMA and YouTube over the unauthorized use of copyrighted musical works on YouTube’s website. The court ruled that YouTube could not be held liable for copyright infringement as long as it did not have actual knowledge of the infringing activity and acted quickly to remove the infringing content once it was made aware.
- Blurred Lines v. Marvin Gaye (2015): A U.S. court found that the song “Blurred Lines” by Robin Thicke and Pharrell Williams infringed the copyright of Marvin Gaye’s
CONCLUSION
In conclusion, international copyright law provides a framework for protecting the rights of creators of musical works. The Berne Convention and other international treaties set minimum standards for copyright protection, but the laws and procedures for enforcing copyright rights can vary from country to country. It is important for copyright holders to be aware of the laws in the countries where they wish to protect their rights and seek legal assistance if necessary. Additionally, case laws have also played an important role in shaping the international copyright laws for musical works, such as Bridgeport Music v. Dimension Films, GEMA v. YouTube, and Blurred Lines v. Marvin Gaye.The rights and limitations of copyright holders, such as the exclusive rights to reproduce, distribute, and perform the work publicly, and the process of obtaining copyright, the length of copyright protection and the penalties for copyright infringement, were discussed in detail. The challenges that digital technologies pose to the protection of copyright for musical works and the solutions and organizations in place to address these challenges were also highlighted. Enforcing copyright internationally can be a complex and challenging task, as the laws and procedures for enforcing rights vary from country to country. However, copyright holders can take several steps to protect their rights and
enforce their copyright internationally, such as being aware of the laws and procedures for enforcing copyright in the countries where they wish to protect their rights, seeking legal assistance if necessary, monitoring for infringement and taking action when necessary, and utilizing international organizations such as the World Intellectual Property Organization (WIPO) and the International Federation of the Phonographic Industry (IFPI) that promote the protection of copyright. In order to protect the rights of creators of musical works, it is important to have a comprehensive understanding of the international copyright laws and the various ways in which copyright holders can protect their rights. This article provides an overview of the legal framework for protecting the rights of creators of musical works and delves into the complexities of international copyright laws and the challenges faced by copyright holders in the digital age
REFERENCES
- https://www.rightsdirect.com/international-copyright-basics/
- https://musicmayhemmagazine.com/how-it-works-music-copyright-for-international-use/
- https://www.mondaq.com/india/trademark/1097778/copyright-protection-in-musical-work
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