Intellectual Property (IP) and Copyright Information
Creating the music and lyrics of a song is an art. It takes time, effort and creative talent and the product, the song, is considered intellectual property.
Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
Intellectual property rights protect the interests of the creators by giving them property rights over their creations. Music is included within “literary and artistic works” and protection comes from copyright laws. Copyright law covers not only the musical works; (music and lyrics), but also the recordings of performances of these musical works (e.g. CDs, digital files). By having these rights, it entitles fair payment to be made for creativity and enable the creator to earn a living.
For any given musical recording, there are at least two copyrighted works involved. First, there is the copyright in the musical work (the song); that is the musical lyrics. The songwriter or music publisher typically owns this copyright. In New Zealand, these rights are managed through the Australasian Performing Rights Association (APRA).
Then there is the copyright in the sound recording, which is a recording of an artist performing a particular song. A record company usually owns this copyright. In New Zealand, Phonographic Performances New Zealand Ltd (PPNZ) a division of the Recording Industry Association of New Zealand (RIANZ) manages these rights on behalf of the major record companies and the majority of smaller labels.
Copyright in music can be a complicated and is mainly dealt with by way of written agreements or licences that clearly state who owns what rights for what purposes, for how long and for what payment. It is important that new musicians are aware of the copyright in their own original works. Seeking professional advice is recommended.
What do artists think?
Why is copyright important?
It’s about fairness, reward and respect for creative talent. The creator, producer (copyright owner) determines how they want their personal, creative work distributed throughout the world. Copyright laws support and protect that right just as theft laws protect shop keepers’ stock. If all goods were free who would be a shop keeper and more importantly, who would pay to make the stock if it was always stolen? Remember that you yourself can create original work that has copyright.
To protect your copyright you only need to:
prove it’s yours and when you produced it and
assert your copyright on any copies of the work (although it is copyright even without such a statement).
In practical terms this can mean filing sealed and dated masters with a bank or lawyer or other third party. Alternatively post yourself a copy and keep it sealed with a clear, postmarked date. Although you don’t need a copyright statement, it’s best to have one and international convention uses:
(P)your name, year. All rights of the owner of copyright in this sound recording reserved. Any copying, renting, lending, diffusion, public performance or broadcast of this record without the authority of the copyright owner is strictly prohibited.
The wider issue: The protection of intellectual property rights leads to economic growth as it gives creators an incentive to take risks knowing that their creativity is being protected. An effective IP protection and enforcement regime encourages individuals and companies to invest knowing that their ideas, designs and processes are protected. It also reduces opportunities for pirated and counterfeited goods to flourish and for criminals to earn a living off of someone else’s ideas and hard work.
How do copyright laws apply to music on the internet?
The laws are the same for digital files as for physical copies. Reproduction, distribution, digital transmission of sound recordings, even samples in many cases, must be authorized by the copyright owners. Uploading music from a CD that you own, allowing people to download music from your web site, downloading sound recordings and filesharing without express permission from the copyright owner are all violations of the Copyright Act 1994 and illegal.
What use of purchased music does copyright right law allow?
In 2008 the Copyright Act 1994 was updated and now allows purchased music to be format shifted for playback on other personal devices. It is now legal to format shift for personal use, a legitimately purchased and owned sound recording , into another form, such as MP3, for playback on devices owned by a household, one copy per device. For example, it is legal to copy the music from your own purchased CD to the MP3 format for playback on a portable MP3 player you or your household own. It is however not legal to make multiple copies of the original format. The law does not permit the direct copying of a CD or music file to the same format. It is only legal to shift the format of the original recording for personal use on another device. The other important condition that must be met is that the original sound recording and the copy made must not be sold on or shared with others.
To learn more about format shifting see the Ministry of Economic Development's "Format Shifting FAQ".
What’s the penalty for breaking copyright?
The Copyright Act 1994 provides civil and criminal consequences to infringing copyright. The maximum criminal penalty is 5 years imprisonment and/or $150,000 fine. Civil action, being sued for damages, is judged on each cases’ merits and can involve not only financial penalties but also seizure and confiscation of items used, e.g. computers.
Aside from the cost to you, the creators of the stolen music receive no payment for their work and that affects their livelihood and the ability to dedicate themselves to creating the music you enjoy.
Stealing music is selfish and short-sighted and shows no respect.
