COPYRIGHT : MUSIC, MASS MEDIA AND THE ARTS

MUSIC COPYRIGHTS

Who is the owner?When a song or piece of music is written, the person who

wrote it owns the copyright and therefore has the right to decide how and when it should be played.

“Fixed” requirement - requirement means that there is no protection for a

song that is only in your head. -A song may be "fixed" by writing it down, recording it (even

on a handheld recorder), or saving it to a hard drive on a computer.

-Once an original work is fixed in a tangible medium, the creator has copyright protection automatically.

When does copyright begin?

In music, copyright begins automatically once a piece of music is created then documented or recorded, for example on video, tape or CD or simply writing down the notation of a score.

What parts of the song are copyrighted?

The composition (including the music and any lyrics) and recording are protected by copyright.

The Rights of the Copyright Owner:

The owner of a copyright has the exclusive rights to do the following:

1) Reproduce the Work 2) Distribute Copies of the Work 3) Perform Works Publicly 4) Make Derivative Works 5) Perform Copyrighted Sound Recordings by Means of a Digital

Audio Transmission: 6) Display the Work

No one can do any of the above without the permission or authorization (usually given in a license) of the owner of the copyright

Current Issues of Copyright Infringement

Music Publishing

Music publishing is the business of exploiting a song – that is, finding uses for the song, such as cover versions, film, TV and video games, ringtones, greeting cards and even karaoke machines.

There are four different areas of how to make income: print, synchronization, mechanical, and performance.

1. Is it illegal to download YouTube videos?: Piracy and Copyright protection

-any content you do download from the web, for which you do not own the copyright, must be for your personal use only.

-You must not distribute or financially benefit from that content. It must also come with the express permission of the copyright owner.

2. Few situations when downloading YouTube videos will be illegal and unacceptable.

Circumstance 1: in case you download a YouTube video that was uploaded without the consent of its copyright holder.

(please continue) hehhehe ang haba e

3. Revival/cover of a song/music of a copyrighted song/music

-When a song is covered and placed on record without the copyright owner's permission, or without the payment of a compulsory license payment, the copyright has usually been infringed.

-If you’re looking to record your own version of a song, you’ll need to secure a mechanical license from the appropriate music publisher.

3. Revival/cover of a song/music of a copyrighted song/music

Effect: the court may order the seizure of the offending articles and enjoin the losing infringer from further unauthorized use, under penalty of further fines or even jail time

4. Is rewriting lyrics to the tune of a song a copyright infringement?

-the more melodically similar two works are, the more likely a court will determine that the later created work infringes upon the earlier.

5. Copyright issues when using music in videos

What are the problems?

1. Background music is not viewed as educational use.

2. Posting a video to a network or public website which incorporates copyrighted music for which you do not have written permission to use is a violation.

3. Legally purchased music is for personal and home use.

What are the solutions?

a) Make your students and staff aware of the potential infringements.Most teachers and students use music in their video and then publish or use in it in a public setting while thinking they’ve done nothing wrong. But, their lack of knowledge about the laws doeWhat are the solutions?

b) Request permission. It’s not a guarantee that you’ll get the written permission you need, but go to the copyright holder(s) or publishers of the music

5. Copyright issues when using music in videos

6. It’s just a wedding, it never goes on the air, it’s just a few copies, so it’s legal, right?

-Using music from any copyrighted source is illegal without specific permissions. Simply because it’s not aired does not mean it’s legal.

7. I found a karaoke tape of Madonna’s* song, “You’ll See.” I want to have my daughter perform �the song on a DVD for my company

Don’t. First, the performed karaoke recording is copyrighted. Second, the publishing rights of the song will nail you for violation. Third, the sync issue from both parties cans create a serious mess. Besides, I hear Madonna is tough on copyright violators and pirates

8. Musical Parody

Parody music, or musical parody, involves changing or copying existing (usually well known) musical ideas or lyrics, or copying the peculiar style of a composer or artist, or even a general style of music. Although the intention of a musical parody may be humour (as in burlesque), it is the re-use of music that is the original defining feature.

9. Music Sampling

Sampling occurs when a portion of a prior recording is incorporated into a new recording.

Usual sampling artists simply used portions of other artists' recordings without permission, but once music incorporating samples began to make significant money, some sampled artists, publishers, and record companies began to take legal action, claiming copyright infringement.

Other Famous cases of Music Infringement

1.Bright Tunes Music v. Harrisongs

2.The Isley Brothers recorded a song.

3. The Case of “Blurred Lines”

Mass Media

The term “mass media” refers to the print medium of communication, which includes all newspapers, periodicals, magazines, journals, and publications and all advertising therein, and billboards, neon signs and the like, and the broadcast medium of communication, which includes radio and television broadcasting in all their aspects and all other cinematographic or radio promotions and advertising.[ PD 1018, 1976] (Sec.1 PD No. 1018, September 22, 1976) Also, in the advent of recent technology, digital media is considered as a third form of media, or more commonly known as the internet. However, this topic will not be discussed here extensively.

Copyrightable creations:

-News events cannot be copyrighted, but stories or broadcasts that endeavor to describe or explain these events can be copyrighted. What is being protected is the author's style or manner of presentation of the news.

- In most cases copyrighted works are protected for the life of the author or creator plus 70 years. Different rules apply for works made for hire.

SECTION 185. Fair Use of a Copyrighted Work. —

185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use.

ARTSUnder the International Bureau of World Intellectual

Property Organization (WIPO) ,they have classified generally the works enumerated under section 172 of the code into seven, and in relation to arts these are the following:

1.Artistic worksA.Two - dimensional - drawings, paintings,etchings,lithographs, etcB.Three- dimensional - sculpture and architectural worksC.Irrespective of content - representational or abstractD.Destinations -”pure” art, for advertisement, etc.

2.Maps and technical drawings; and3.Photographic works.

WHAT’S ALLOWED AND WHAT’S NOT?

1.The reproduction of an art closely similar to the other ‘for profit’, without the consent of the artist is a copyright infringement.

Piano No. 9 by Zheng li Piano Coloratura by “P.Robert”

Source: http://www.ajc.com/news/business/roswell-painter-fights-alleged-copyright-infringem/nS9B9/

In relation to the case, is the registration of Zheng Li’s art a requirement before he can file a suit for copyright infringement?

No.  Neither publication, nor registration with the Copyright Office, is required to secure copyright. Copyright Exists Automatically Upon Creation

2.A Photograph used in a poster. “FAIR USE” as a defense. 

Fair use is an affirmative defense against copyright infringement. A court may rule that the person does not violate another’s exclusive rights in their work granted by the Copyright Act if the alleged infringer uses the work “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.”

Garcia / AP Photo HOPE poster by Fairey

Source:https://www.google.com.ph/search?q=fairey+v+mannie+garcia&biw=1137&bih=554&tbm=isch&imgil=tvln6aTbUE

• Section 107 of the Copyright Act sets forth four factors that courts must balance in order to evaluate whether a work would be considered fair use:

• (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

• (2) the nature of the copyrighted work;

•

• (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

•

• (4) the effect of the use upon the potential market for or value of the copyrighted work.

•

Rogers v. Koons.[ Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992]

Art Rogers was a photographer who took a photo of a man and a woman holding an arm full of puppies. The image was used on greeting cards, postcards, and similar merchandise. Jeff Koons found the image and had his assistants make sculptures out of the image. He had them copy the details.

Source:https://cpyrightvisualarts.files.wordpress.com/2011/12/jeffkoons-puppies.png

Blanch v. Koons.[ Blanch v. Koons 467 F.3d 244 (2d Cir. 2006)] Appropriation art may be protected as “transformative”

Jeff Koons used parts of a fashion photo—four pairs of women’s legs wearing Gucci sandals—in a collage painting entitled “Niagara.” This painting featured a Dali-like montage of popular cultural images with Niagara Falls in the background. One of the pairs of legs was taken from a photograph by Blanch, a fashion photographer, and was originally published in Allure magazine in 2000.

Andrea Blanch -silk sandals by Gucci

Jeff Koons -”NIAGARA” Source for both pictures;:http://www.owe.com/resources/legalities/30-jeff-koons-

copyright-infringement/

The test for whether a work is “transformative” is whether it “merely supersedes the objects of the original creation, or instead uses the original work as “raw material,” and “adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message.”

3.Photography : Exception to Copyright

Case: Monkey selfie: a photograph taken by a monkey

Source:https://en.wikipedia.org/wiki/Monkey_selfie

non-humans cannot hold copyrightsThe US Copyright Office, in a 1,222-page report discussing federal copyright law, said that a "photograph taken by a monkey" is unprotected intellectual property.

"The Office will not register works produced by nature, animals, or plants. Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy state that the work was inspired by a divine spirit," said the draft report, "Compendium of US Copyright Office Practices, Third Edition."

4. TATTOO: Is it copyright infringement to get an artist's work tattooed on you without his permission?