Module 2: Music Copyright

Objective: Understand foundational concepts, terms, and information about copyright in order to
identify issues and recognize their importance in the music industry
Copyrights evoke rights that stem from one thing: a creative product
 The music industry would not exist without the element of creation
 Virtually everything in the music/entertainment industry has a copyright element attached
Regarding legal and legislated rights, regulations, and ownership interest protections, three
aligned pursuits are Patent, Trademark, and Copyright
Patent
 Patent protection protects substantial things
o Tangible objects: Things you can touch, feel, pick up
 Not just inventions, but also improvements and innovations that develop existing
products further
The process for evaluating an invention or an innovation of an existing product requires
understanding and expertise by those reviewing applications for patent
The area of patent law is one of the few areas of specialization where attorneys who prepare
patent applications are especially fluent in technical language, schematics, and diagrams about a
product
 Patent lawyers often have science or engineering backgrounds so they can adequately
explain and set forth the workings of the product they represent
 The process of patent application is a lengthy process
o After the rendering of technical drawings and specifications, it is submitted to the
US patent office where an intensive investigation ensues in which the claims
surrounding the newness, innovation, and practicality of the product are examined
o While the examination period is occurring, the product has the status of “patent
pending”
 To encourage continues improvements and development of new products inspired by
other products, the protection period for patents is short
o For patents designated as design patents, the period for protection is fourteen
years
o For utility patents, the period is twenty years from the date of filing the
application

Trademark
Trademarks are symbols, words, phrases, or other types of graphic identifiers that
are used in conjunction with a particular business, product, or service to create a
visual affinity for consumers
 Golden arches, emphasized checkmarks, superimposed U and A
 Valuable when positively identified with their product or service
 Trademarks are applied for and go through an investigation procedure
o Investigation consists of a determination of whether the proposed trademark can
be confused with a competing product or service’s trademark
o There is a period during which any other trademark holder can raise an objection
to the newly proposed trademark and its usage
 Trademarks are good for 10 years and may be renewed for additional ten-year periods, as
long as the trademark stays in use
Copyright
Similar to patent and trademark in that it provides protection for a finite period of time
Copyright laws are responsive/reactive to new technologies and capabilities rather than the
converse. Copyright changes through the legislative process, is a slow-moving journey, and lag
the speed of innovation.
Concept is embodied by a set of codified federal laws that serve to define and provide a balance
of interests and rights between those who create and/or own creative works, and the public, who
desire to use the creations and build upon them, all in the name of societal process and “the
greater good”
Copyright covers much ground, serving multiple purposes and situations
 Copyright covers literary works, musical works, dramatic works, pantomimes and
choreographic works, pictorial graphic and sculptural works, motion pictures and other
audiovisual works, sound recordings, and architectural works
 Ideas by themselves are not enough to warrant copyright protections. To gain copyright
protection, one must create something from an idea
 There is no special paperwork or application to acquire copyright. There is a process if
you would like to register your copyright
 There is no requirement to register a copyright and it accords no greater degree of
protection to do so, but it does provide some governmentally determined remedies in the
event that the copyright holder wants to bring an infringement claim against someone
else, or has the need to defend oneself in a claim of infringement against them

Normal (non-WFH): Copyright duration is life of the creator (or last surviving creator in
joint works) plus 70 years

Work for hire works: Copyright duration is the earlier of 95 years after publication or
120 years after creation

Three prongs that need to be provided in order to prevail in a music copyright

infringement claim:
 1. Ownership
2. Access
3. Substantial similarity

 “international copyright” carries no true legal weight