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© 1999, 2000 Philip Green, Beverly R. Green, Law Offices of Green &
Green All Rights Reserved.
COPYRIGHT: Because of new laws and cooperative ventures like the
SDMI
Music, film and all other entertainment features that will inevitably appear on the
Internet will be more secure and will be protected
in the U.S. by a complex body of laws. Copyright was known to have been
first used in 1735 House of Lords records. The law in this instance is
keeping pace with the technologies of tomorrow. With MP4, Flash and other better
technologies, entertainment media are becoming more available, technical and
international. Cooperative treaties are changing yearly and copyright and "sui
generis" protection for databases is on the increase. Policing and enforcing rights
in IP can be a budgetary necessity with billions of U.S. dollars to be made and this
author believes it will be a multiple of that figure soon. Real Player® and MP3 were
perhaps the first major players in the online entertainment arena. Sony®, Microsoft®.
Undoubtedly many strategic alliances will start up to handle and deliver
entertainment on the World Wide Web. The SDMI (Secure Digital Music Initiative) has
seemingly resolved the immediate issue of whether to have secure delivery of digital
music; even the unknown MP3 artists of today who may not be in the mainstream as
well as the "big
5" record companies want to sell their music and not give it away. What A
World!
Copyright is a complex & fascinating body of law, constantly
evolving to keep up with new technologies.
Background: Copyright
started in English common law, to protect and promote writing and authorship. When 500
plus years ago the Gutenberg press was invented and propelled the world into a new era.
The new hi tech of the day, made it suddenly possible for writings to be easily copied
& mass distributed without author control. The right is to provide protection to the
works of authorship, at first. Text thus has the longest copyright history.
Right in Art. 1 § 1 of U.S. Constitution ‘to promote progress of science and
useful arts by securing for limited times to authors and inventors exclusive rights to
their respective writings and discoveries’ but copyright and patent laws developed
separately from there, and trademark law is again different. See articles on trademark basics
Music gets into the U.S. Copyright Act The first versions of the
Act was written and enacted over 200 years ago. It recognized only "writings"for
100 years. One hundred years ago, with another innovation, the then new hi tech invention
of piano rolls, in 1908 the U.S. Supreme Court held that there was no copyright protection
for owners of music copyrights ("publishers") for mass copying of music by piano
roll manufacturers. Why? Because these newfangled rolls could not be
"read" by a person and interpreted as music. If it was not a
"writing", it got no protection. Imagine; in 1908, music (Ragtime,
classical, jazz, popular songs etc.) unless in the form of sheet music, was not
protected by copyright. So, in response to this logical but incredible issue in 1909 MUSIC
got into the Act: Congress saved the music industry by including machine or
"mechanical" copying rights, also set up complex compulsory statutory licensing
procedures to prevent absolute monopolies
Next update of Copyright Act-with MAJOR changes, did not go into effect until 1978 (so
different terms & rules apply to works created before & after 1978. This is,
barring changes made by the Digital Millennium Copyright Act and the Sonny Bono
Term Extension Act. See articles on those acts.
Current Copyright protection extends to certain "original
works of authorship, fixed in any tangible medium of expression, now or hereafter
developed"--Protected works include, to name a few 1) literary works 2) musical
works, incl accompanying words or lyrics 3) dramatic works 5) pictures, graphics,
photography, sculpture 6) motion pictures & audiovisual works, and 7) only since
1972, sound recordings (but not "sound alike" recordings). ALSO, included
are compilations of pre-existing works to the extent they constitute original work of
authorship.
Overlay that with what rights are protected--Copyright protects a
"bundle of rights", including: Exclusive rights to 1) copy, or reproduce a
copyrighted work in copies or phonorecords, AND to 2) prepare Derivative works based on
the copyrighted work, 3) to Distribute copies or records of the copyrighted work to the
public, 4-5) for literary, musical, dramatic works & motion pictures, and some other
works, but not including sound recordings, to Perform, and separately to display, the
copyrighted work publicly. The glaring exception of sound recordings from the so-called
Performance right, has been modified by Congress, again in deference to new technology,
i.e. The Internet, by the Digital Performance Right in Sound Recordings Act of 1995, and
again in the Digital Millennium Copyright Act of 1998, to include certain complex new
rights & limitations on those rights, including statutory licensing provisions, which
are still being worked out as you read this. Until 2001 these new laws will be in
"rules making" and "hearings" status, and many will not be implemented
except for special requests. There are aso Moral Rights in visual art artists, but this is
a topic for its own article.
Significant also is the Sonny Bono Copyright Extension Act of 1998. As with the Digital Millennium Copyright Act, bringing U.S. law in compliance
with International (World Intellectual Property Organization-WIPO) standards and treaties, extended term of post 1978
works generally to life plus 70 yrs and pre-1978 works still in renewal term, by 20 yrs as
well; but with a trade off of limiting music performance licensing rights by exempting
certain small businesses from licensing.
Next Part: What more is there to Music and Film Copyrights? How does this affect
the Internet?
ALL ARTISTS AND PUBLISHERS, DISTRIBUTORS AND THOSE THEY
EMPLOY DEPEND ON THEIR ROYLTIES FROM LEGITIMATE SALES. PIRACY and UNAUTHORIZED
COPYING CANNOT BE TOLERATED.
The Bottom line is that there are many creative
people who may be able now to distribute thier music and film creations by electronic
transmission. The "traditional" and "big" companies who have
been very good at doing this will continue to dominate (for now) this scene. The
difference is that now BOTH those smaller artists who distribute through the many online
entertainment sites not "affiliated" with the "big" studios AND the
largest record companies that ever existed know that the artist needs to be paid.
Whether it's $4.98 for an MP3 CD of an unknown atrist's works or a "Big Co."
major artist release. This is true whether sales are in the 1,000's or the
millions.
There are exceptions to this: See topic: Fair
Use. This is a HOT debate and there WILL be reasonable copying for limited uses,
territories and numbers availabe for little or no royalty.
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