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Copyright or intellectual property (IP) is a set of intangible rights given to the creator(s) of an original creative piece allowing the author to regulate the use of a particular form, way or manner in which an idea or information is expressed (Fitzgerald & Fitzgerald. 2004. P84). The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all (http://www.intellectual-property.gov.uk/std/faq/question1.htm. Accessed October 1, 2005). In terms of the creator, copyright laws exist to ensure that when their creative product is used, certain royalties are received (Fitzgerald & Fitzgerald. 2004. P84).
Copyright owners have the right to:
Copyright concerning music has a number of levels, each recorded piece of music is actually a subject of two (2) separate, but layered copyrights, this layered copyright is sometimes referred to as copyright © (creation copyright) and copyright (P) (recording performance production copyright) (Scherer. 1997). The creation copyright gives the composer rights to his/her music, in most cases this copyright is assigned to a publisher to "sell" the song. Copyright (P) are the rights assigned to the performer for their recording of the material. This copyright only relates to their specific interpretation of the song and the recording artist(s) can only use the music written by the composer under a copyright license, this copyright is sometimes referred to as neighbouring rights (Scherer. 1997).
When recorded music is performed royalties have to be paid to the copyright owner received (Fitzgerald & Fitzgerald. 2004. P84). These royalties are paid to royalty agencies who in turn pass the fees onto the composer/publisher and artist or record label for the performance production rights (Scherer. 1997). When consumers buy a CD they acquire both licenses (creation and performance production) for personal use only (Scherer. 1997). Personal use does not include broadcasting or re-publishing or public performance or any commercial venture, to do this would violate the Copyright act 1968 (Cth) and could result in fines (The Copyright Act 1968(Cth)). Personal use also does not include the performance of music on websites or making music available to others.
The publication of music in web-pages, computer programs or making them available to others (in the form of file sharing or downloading) does not constitute personal use, instead, Australian law classes these acts as unauthorized publishing or music to the public. The Australian legislation, The Copyright Act 1968(Cth) states that any person who authorises a copyright infringement may also be liable for that infringement. This includes web site or bulletin board operators who will be liable for any infringements that occur as a result of users of their site uploading or downloading their material (APRA, 2005). This was seen not only internationally with the Napster case but also locally here in Australia, when six Australian record companies, including Sony and Universal, and 25 international companies launched a $500 million lawsuit against a Brisbane man and his internet providers who hosted a website offering links to downloadable songs (http://www.smh.com.au/articles/2004/10/26/1098667724542.html?from=moreStories, accessed October 1, 2005).
http://www.smh.com.au/articles/2004/10/26/1098667724542.html?from=moreStories. Accessed October 1, 2005.
Gavin Mathieson 22:16, 18 Oct 2005 (EST)
