MUSC4028 and MUSC4047A Course Slides

Categories of Works
Music Business Studies • List all categories of copyrighted works:
1. Traditional works
MUSC4028 2.
3.
By 4.
Jonathan G. Shaw 5.
6.
Lecture 4: 7.
Intellectual Property Rights II: Restricted 8.
Acts 9.
10.

Wits School of Arts, Which of these have a bearing on the music industries?
Music Division

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Copyright in Literary & Musical Works Musical Works cont. (2)

• Composer’s copyright in the composition • Reproduction of the work
– Indicated by writing “Published by…” or “Written by…”
– No one may copy the work
• The exclusive rights available to a copyright holder,
“bundle of rights”: – Exceptions exist for research, review, reporting
1. Reproduction of the work current events, judicial proceedings, quotations,
2. Publish the work teaching, broadcasting, lectures, etc.
3. Perform the work publicly • Publishing the work
4. Broadcast
5. Transmit in a diffusion service – The right of promoting and distributing of
6. Make derivatives or adaptations reproduced work
7. Control the adaptation

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Musical Works cont. (3) Musical Works cont. (4)

• Perform the work publicly
– Only the rights’ holder can use the work publicly
– SAMRO administers the performance right for
compositions, monitoring television, radio, live
performance, film synchronisation and other
diffusion services
• Broadcasting
– Electromagnetic waves
• Transmit the work in a diffusion service
– Switchboards
– Second channel audio/visual service in multi-
roomed establishments
– Copyright act: means a telecommunication service
of transmissions consisting of sounds, images,
signs or signals, which takes place over wires or
other paths provided by material substance and
intended for reception by specific members of the
public; …

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MUSC4028 and MUSC4047A Course Slides

Musical Works cont. (5) Musical Works cont. (6)

• Make a derivative or adaptation • The term of copyright for a composition
– A creation based on the work – The length of time copyright lasts
– E.g. new arrangements, remix or medley – The life of the author plus 50 years from the end of the
• Control the adaptation year in which the authors dies
– If the musical work is adapted, all the above rights apply to – If, after death of the author, the work is unused, 50 years
the adaptation from when the work is used

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Mechanical Licences Sound Recording Copyrights

• Compulsory Mechanical Licences
– Exception to the copyright monopoly
– Mechanical right – falls under reproduction right
– Only after “first use” of a composition in a recording
– Intent to sell
– Once adapted a new first use right of the original author arises
– Royalty payments to mechanically reproduce musical works
– Prescribed notice to the owner
– Anyone can use the work as long as they do not adapt it
• Mechanicals are collected by CAPASSO
• Performing and mechanical rights form the “usage right”
• For any music recording, there are four copyrights:
– Rights in musical work, literary work (if there are lyrics),
the sound recording as well as the artists performance
• Whomever commissions and pays for a recording,
owns it
• Owner’s copyright in the sound (phonograph)
recording indicated by:
– è: indicates the year and in what country the recording was
first published
– ©: indicates the author (owner) of the sound recording

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Sound Recordings cont. (2) Sound Recordings cont. (3)

• Sound recordings have specific rights:
– Placing the recording on a medium (record)
– Letting, or offering or exposing for hire by way of
trade, directly or indirectly, a reproduction of the
sound recording
– Causing the sound recording to be transmitted in
a diffusion service, unless that service transmits a
lawful broadcast, including the sound recording,
and is operated by the original broadcaster
– Broadcasting the sound recording
– Communication to the public
• SAMPRA collects Needletime (copying, transmission,
broadcast and public play) for record labels and POSA
for performers
• Term of sound recording copyright
– For a recording, 50 years from the end of the year
in which the recording is first published

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MUSC4028 and MUSC4047A Course Slides
Sound Recording Usage Rights
• Usage rights of recordings are expressly prohibited
from the public at large
• Warning: “unauthorised copying, reproduction,
hiring, lending, public performance and broadcasting
of this recording prohibited” – industry PPD
agreements
• Every time you buy a CD you are paying for a private
usage licence
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Performers Protection Act
• A performer has specific rights in their performance:
– Broadcast or publicly communicate their unfixed
performance
– Make a fixation of their performance
– Make a reproduction of the fixed performance, which was
not consented to be fixed or in contradiction to the original
consent of the performer
– (A ‘fixation’ is a storage of sounds &/ images)
• Term of the ‘protected performance’ is 50 years from
it taking place or being recorded
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Practical
• Copyright Gamification: Boardgame
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Needletime
• The performance right of a recording (although other
copyrighted works on a recording may also have this right)
• The performance rights includes: broadcasting,
communication or transmission of a sound recording. Users
include radio, television, restaurants, pubs, clubs, etc.
• Currently, SAMPRA and POSA have merged into a ‘record label
chamber’ and a ‘performers chamber’ and will collect
Needletime for record labels and performers. CIPC is the
governing body regarding Needletime. AIRCO looks to engage
on behalf of their members through IMPRA.
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Performers Collecting Organisations
• POSA (previously a subsidiary of SAMRO, now
SAMPRA) provides 3 categories of performer
royalties: Featured performers, non-featured
performers and other-featured performers
• Proof, such as album credits, is required to
become a royalty earning member
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