http://ricall.com/music-licensing | Copyright infringement is a serious legal issue that seems to impact the music industry on a daily basis. The following presentation will explain what exactly copyright infringement is and how you can effectively avoid overstepping the legal boundaries in the professional world.
2. One of the most common
issues that arises with
music and copyright
law—especially when
used in film or
television—is whether a
license or special
permission is needed.
The following slides will
illustrate the precarious
realm of copyright
infringement and how
you can avoid falling
victim to it.
3. EXPLAINING COPYRIGHTS
Authors of original creative work are automatically provided a
form of legal protection over their work in what is known as a
“copyright.” These original works can include, but are not
limited to: music, literature, photography, etc.
Under United States copyright law, the author/creator of the
original piece of creative work is generally granted an
exclusive right to:
• Reproduce or distribute the original
piece of creative work to the public
• Develop other pieces of work based
on the original work
• Display or perform the work in a
public setting
4. HOW DOES IT WORK?
Though copyrights can come in the
form of legal documents, once a
tangible form of expression is created
(i.e., a recorded song or written lyrics), it
is automatically copyrighted, so long as
it is an original work of authorship.
Works that are not in a fixed form, such
as an idea in your head or an improvised
song between you and a friend, are not
protected by copyright.
5. WHO OWNS THE COPYRIGHT IN
RECORDED MUSIC?
This is where things start to get a little
tricky. If a person writes a song and
records it himself or herself, that
person owns the rights to the song.
Professionally produced music,
however, can have many different
owners at once, including:
• The songwriter
• The performer
• The producer
• The record label
• The publisher
6. COPYRIGHT INFRINGEMENT
Using work that is protected
under copyright law without the
author’s consent is referred to
as copyright infringement. This
includes distributing,
reproducing, performing or
displaying protected pieces of
work.
If a person or entity, such as a
business, is found guilty of
copyright infringement, they
stand to face a steep fine for
damages and profits, as well as
potential jail time, depending
on the severity of the infraction.
7. HOW TO AVOID COPYRIGHT
INFRINGEMENT
There are a few creative ways to avoid overstepping the
boundaries, such as:
• Public domain works (i.e., unlicensed material or materials
released under Creative Commons)
• “Fair use” (utilizing the creative work for teaching, critiquing,
reporting and researching purposes)
Though these are both viable
options, they can be quite risky if
utilized without proper research. If
you are unsure if something is
protected by a copyright, chances
are it probably is. Also, you will want
to read the fine print—sometimes the
work will have licensing limitations.
8. THE SAFEST
SOLUTION
Of course, there is really only
one safe solution to this
problem, and that is by
obtaining permission or a
license from the owner of the
copyright.
By legally acquiring the rights
to artistic material—whether
directly through the owner or
via a third party—you will not
need to worry about suffering
any of the consequences that
accompany illegal usage of
someone else’s intellectual
property.
9. Copyright infringement is a
very intense subject. Not only
does it cost the owner/creator
potential financial gain, but it
can also put the violator in a
very unfortunate legal situation.
Luckily, with the help of some
simple principles, and a little
responsible research, you will
be able to save yourself from
breaching the dreaded
copyright law.
10. ABOUT US
Founded in 1998, Ricall operates one of
the world’s largest online music research
and licensing marketplaces. The Ricall
Professional music licensing platform
brings together music rights owners and
media creators to facilitate the use of
music across all projects. Ricall’s mission
is simple—to take away the headache
associated with licensing any type of
music for use in commercial and personal
video productions.
For more information, please visit
ricall.com