Copyright Law
Copyright law protects authors of original creative works including lyrics, master recordings, musical works (such as the notes in a song), literary works, dramatic works, choreography, paintings/drawings, sculptures, photographs, software, radio and television broadcasts, graphic and architectural designs, among others.
Copyright law provides authors of original works with 6 exclusive rights
- The Right to Reproduce your own music/art (CD burning)
- The Right to Distribute your own music/art (Bootlegging)
- The Right to Publicly Perform your music (Includes elevator music/club music)
- The Right to Create Derivative Works (Sampling included)
- The Right, in the case of sound recordings, to perform the copyrighted work publicly by means of a Digital Audio Transmission. (Pandora/Grooveshark/radio stations)
- The Right to Public Display (Does not really apply to music)
Copyright law stems from the U.S. Constitution, which states: “The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” (U.S. Constitution, Article I, Section 8).
A violation of any of these rights is the basis for a copyright lawsuit , which may include several types of “damages” including “statutory damages,” attorney’s fees, and lost profit.
Statutory Damages (see the cases of Jammie Thomas and Joel Tenenbaum for damages in file sharing cases)
Innocent Infringement: $200 per act/song
Infringement: $750 -$30,000 per act/ song (no, I did not make a typo)
Willful Infringement: $150,000 per act/song
These rights are not guaranteed in all instances, and do not last forever; all copyright protection is subject to time limits and various exceptions. For example, a copyright is not infringed if the use is considered minimal or fair, what is called the Fair Use Exception.
For more information on Copyrights go to the Copyright Office website.
“Ask not what music can do for you, but what you can do for your music”
DefendSound.com
The information contained in this article is not to be construed as legal advice. Results are not guaranteed. Any and all questions related to such matters should be directed towards licensed attorneys. Defend Sound and all its authors and editors disclaim all responsibility for any claims that arise out of the information used in this article or any of Defend Sound’s articles.
