Music serves asa universal language that surpasses cultural and geographical limits. Integral to every melody and lyric is the significant role of intellectual property law in safeguarding and fostering creativity. Intellectual property (IP) law offers mechanisms that enable creators to receive compensation and protect their rights. This publication concentrates on the protection of musical works through music copyright and addresses the challenges of protecting music in the digital era.
Understanding Music Copyright
Copyright is a fundamental aspect of IP that grants creators exclusive rights to their original works. In the music industry, copyright protects both the composition(melodies and lyrics) and the sound recording. Under Maltese law, the Copyright Act (Chapter 415of the Laws of Malta) provides comprehensive protection for musical works. This Act transposes EU directives, such as the Copyright Term Directive and the Information Society Directive, ensuring harmonized protection across member states.
What can be copyrighted?
Copyright protects original works, meaning they must reflect the author's unique perspective and choices. The work must be fixed in a tangible form, like a written score or recorded performance, regardless of quality, in order to be eligible for copyright protection (article 3) including works for musical accompaniment.
What is protected?
Copyright grants the author the exclusive right to allow or prohibit actions such as reproducing, renting, lending, distributing, translating, adapting, broadcasting, and publicly displaying or performing the work, in whole or in part, by any means (article 7).
In Malta, copyright for literary, musical, artistic works, and databases subsists for 70 years after the end of the year in which the author dies. Protection for producers is that of 50 years.
What actions are prohibited?
- The reproduction of a work, whether direct or indirect, temporary, or permanent, by any means and in any form, whether in whole or in part.
- The rental and lending of the work
- The distribution of the work
- The translation of the work in other languages
- The adaptation, arrangement and any alteration, and the reproduction, distribution, communication of the musical work
However, copyright protection is not absolute. In fact, the law specifies instances when the copyright owner does not have the right to authorise or prohibit actions relating to copyright works. Such instances include, any performance, playing or showing of a work in a place where no admission fee is charged in respect to such an act organised by non-profit making organisations, or for the benefit of people with disability, or the incidental inclusion of any work, amongst others (article 9).
Types of Copyright
Copyright in music encompasses several types of rights, each serving a specific purpose:
Specific rights for Performers
Performers include singers, musicians or other artists who sing, play in or otherwise perform musical works. Performers have the right to authorise the fixation of their performances and the reproduction of such fixations, whether direct or indirect, temporary, or permanent, in whole or in part, and by any means or form. They also have rights over the rental, lending, distribution, and public availability of their fixed performances, including access by members of the public at a time and place of their choosing. Furthermore, performers have the right to control the broadcasting and communication of their performances to the public, unless the performance is already broadcasted or made from a fixed version (article 13).
Producers of sound recording
Producers of sound recordings and of the first fixations of audiovisual works have the exclusive right to authorise or prohibit the reproduction of their works by any means or form. They also hold exclusive rights over the rental, lending, and distribution of their recordings or audiovisual works, including after an authorised distribution. Additionally, they may control the making available of these works to the public, allowing access at a time and place individually chosen by each user (article 15).
Moral Rights of Performers
Regardless of any transfer of economic rights, and for as long as those rights subsist, a performer retains the right to be identified as the performer of their live or recorded performances and to object to any distortion, mutilation, or other modification that would harm their reputation, unless omission of attribution is justified by the nature of the use (article 23).
Protecting Music in the Digital Age
The digital age has revolutionized the music industry, facilitating the distribution and access of music. However, it has also increased the risk of copyright infringement and piracy. Protecting music in the digital age therefore requires a combination of legal and technological measures.
From a technical aspect, Digital Rights Management (DRM) technologies help prevent unauthorized copying and distribution of digital music files. DRM systems are designed to combat the large-scale, unauthorised copying and distribution of digital copyrighted content that takes place via the internet. They use two core processes to help copyright and associated rights holders protect and control access to their digital property; meta data and encryption. By encoding and encrypting digital files, DRM systems make these files very difficult to duplicate (outside of the managed environment) and ensure that their use is limited (to certain periods of time or specific uses) and subject to the terms of the access licence granted to end users.
Additionally, the EU's Directive on Copyright in the Digital Single Market aims to strengthen copyright protection online by ensuring that platforms like YouTube and Spotify fairly compensate creators. In Malta, the Copyright Act similarly includes provisions for digital rights, ensuring that creators' works are protected in the online environment.
In conclusion, IP plays a pivotal role in the music industry by safeguarding the rights of creators and fostering innovation. The protection provided by copyright, trademarks, and licensing ensures that artists are fairly compensated for their work and can continue to produce new and original music. In Malta and the EU, robust IP laws align with directives to offer harmonized protection across member states. As the digital age presents new challenges such as unauthorized distribution and piracy, it is essential for creators to remain vigilant and utilize legal and technological measures to protect their works. By understanding and leveraging IP laws and technologies, the music industry can thrive, ensuring that creativity and innovation continue to flourish.
