THE BASIS OF COPYRIGHT* IN MUSIC

<aside> 💡 In this guide, we generally refer to copyright to indicate also the term of author’s right as used in civil law jurisdictions as specified in answer n. 1.

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1. Copyright/Author’s Right ©️

Copyright/author's rights protects original artworks and regulates the relationship between the author, the work and the public. This set of rules is called "copyright" in common law countries (e.g. United Kingdom, United States) and "author’s rights" in civil law countries (e.g. European Union). Although copyright law is governed by international conventions (e.g. the Berne Convention, Universal Copyright Convention, Rome Convention, WIPO treaties, TRIPS Agreement, etc.), it is ultimately a territorial law sourced from national legislations. The author’s rights consist of moral rights aimed at protecting the author's personality and economic rights aimed at guaranteeing the author's remuneration through the economic exploitation of the work. The author’s right arises at the moment of the creation of the work, without any formality and protects "literary and artistic works", whatever the way or form of their expression. The Berne Convention (an international agreement that established for the first time the mutual recognition of copyright/author’s right among the signatory parties) recognises to the subscribing States the faculty to prescribe that literary and artistic works are protected only if fixed on material support. This requirement is typical of common law countries and has not been adopted in all jurisdictions (e.g. Italy).

2. Idea/Expression dichotomy and creativity standard 💡

Copyright laws define the characteristics of a work to receive protection, and they are territorial, varying significantly from country to country. In general, works are protected if they are original. Originality means that the work has to be the author’s intellectual creation because the author imprinted her/his own personality in it.

Copyright does not protect ideas but the forms of expression in which ideas are manifested.

3. Author ✍️

The author is the person who, through intellectual activity, gives rise to a creative work protected by copyright law. The author holds some moral rights (in countries where these rights are recognised, such as Europe) and economic rights in the work.

4. Music Publisher 🏢

A music publisher is a company or an entity that manages the rights to musical compositions. The author transfers the exploitation rights to the publisher through the signature of the music publishing agreement. The role of a music publisher involves several key activities:

1. Copyright Administration 📜: Music publishers handle the copyright and licensing of musical compositions. They ensure that composers, songwriters, and other rights holders are properly compensated when their music is used commercially, such as in recordings, performances, or other forms of distribution.
2. Licensing 📄: Music publishers negotiate and issue licenses for musical compositions. This can include synchronisation licenses for use in films, television shows, advertisements, and other visual media, as well as mechanical licenses to reproduce and distribute recorded music.
3. Royalty Collection 💰: Music publishers collect royalties on behalf of composers and songwriters from various sources, including reproduction in sales, streaming services, radio airplay, live performances, and public performances in restaurants, bars, and concert halls.
4. Promotion and Marketing 📈: Music publishers may also promote the works of their composers and songwriters to recording artists, producers, and other potential music users. They may facilitate collaborations between artists and seek opportunities to place music in films, TV shows, commercials, and other media.