Almost since the advent of the internet, music copyright laws have been a controversial source of debate. In several high-profile cases, music copyright laws have seen musicians, record labels, website owners, and individual consumers all in front of a court for one reason or another.
Copyright laws exist around music for the same reason they do around any other piece of intellectual property, whether written or something on an audio visual platform. The purpose of music copyright laws is to protect the creator of a piece of work and ensure they are paid or credited when something is copied or reproduced in part or in full.
The main differences in music copyright laws relate to the terminology used at various times, and particularly in regards to how compilations of music are dealt with. Compilations are somewhat unique to the music industry; you don’t often find a DVD with a compilation of films from different actors and studios, nor a compilation book with novels from different publishing houses.
With music compilations, a track remains the intellectual property of the original artist or record label, and has been used with permission. Details of this will usually feature in the inlay booklet of a compilation CD, which is often bigger than what you’d find in an album from an individual artist as a result.
Previously, copyright laws protected musicians for 50 years. This means that any time a track is used or reproduced they’re entitled to be credited as the creator of the work and receive a ‘royalty’ payment. In 2011, this period was extended by a European Union directive to 70 years.
While this was seen as a victory for artists who were popular in the mid-20th century and would be liable to lose out on royalties, their protection pales in comparison to that enjoyed by composers; their estates retain copyright protection until 70 years after the composer has died!
Music law and copyright is still something that confuses many, as there are a number of things, such as copying a back-up of a CD or saving it on a hard drive, which are legal. At the same time, the rise of digital rights management is expected to further blur the lines when it comes to music copyright law, and prevent people from reproducing what they own even under current ‘fair use’ guidelines.
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