Sunday, December 28, 2014

Copyright Is a Sacred Monopoly

Copyright is a legal right created by the law of a country, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator (e.g. the photographer of a photograph or the author of a book) to receive compensation for their intellectual effort.  [It is distinguished from copywriting, which is the use of words to promote or advertise].

Copyright is a form of intellectual property, applicable to any expressed representation of a creative work. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rightsholders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and “moral rights” such as attribution.

As far back as 1787, the United States Constitution provided for the protection of copyrights "to promote the Progress of Science and useful Arts." The contemporary intent of copyright is to promote the creation of new works by giving authors control of and profit from them. Copyrights are said to be territorial, which means that they do not extend beyond the territory of a specific state unless that state is a party to an international agreement. Today, however, this is less relevant since most countries are parties to at least one such agreement. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws of most countries have some unique features. Typically, the duration of copyright is the whole life of the creator plus fifty to a hundred years from the creator's death, or a finite period for anonymous or corporate creations. Some jurisdictions have required formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions.

Most jurisdictions recognize copyright limitations, allowing "fair" exceptions to the creator's exclusivity of copyright, and giving users certain rights. The development of digital media and computer network technologies have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, and inspired additional challenges to copyright law's philosophic basis. Simultaneously, businesses with great economic dependence upon copyright, such as those in the music business, have advocated the extension and expansion of their intellectual property rights, and sought additional legal and technological enforcement.

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The above text is part of Wikipedia’s entry on Copyright


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Copyright and Legal Status [for Musical Compositions]

Copyright is a government-granted monopoly which, for a limited time, gives a composition's owner—such as a composer or a composer's employer, in the case of work for hire—a set of exclusive rights to the composition, such as the exclusive right to publish sheet music describing the composition and how it should be performed. Copyright requires anyone else wanting to use the composition in the same ways to obtain a license (permission) from the owner.

In some jurisdictions, the composer can assign copyright, in part, to another party. Often, composers who aren't doing business publishing companies themselves will temporarily assign their copyright interests to formal publishing companies, granting those companies a license to control both the publication and the further licensing of the composer's work. Contract law, not copyright law, governs these composer–publisher contracts, which ordinarily involve an agreement on how profits from the publisher's activities related to the work will be shared with the composer in the form of royalties.

The scope of copyright in general is defined by various international treaties and their implementations, which take the form of national statutes, and in common law jurisdictions, case law. These agreements and corresponding body of law distinguish between the rights applicable to sound recordings and the rights applicable to compositions. For example, Beethoven’s 9th Symphony is in the public domain, but in most of the world, recordings of particular performances of that composition usually are not.

For copyright purposes, song lyrics and other performed words are considered part of the composition, even though they may have different authors and copyright owners than the non-lyrical elements.

Many jurisdictions allow for compulsory licensing of certain uses of compositions. For example, copyright law may allow a record company to pay a modest fee to a copyright collective to which the composer or publisher belongs, in exchange for the right to make and distribute CDs containing a cover band's performance of the composer or publisher's compositions. The license is "compulsory" because the copyright owner cannot refuse or set terms for the license. Copyright collectives also typically manage the licensing of public performances of compositions, whether by live musicians or by transmitting sound recordings over radio or the Internet.

In the U.S.
 
Even though the first US copyright laws did not include musical compositions, they were added as part of the Copyright Act of 1831.

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The above text is part of Wikipedia’s entry on musical composition:

 

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