For a musical work, duration of protection lasts for the life of the composer plus 70 years thereafter. With this in mind, it is important to distinguish between the concepts of authorship and ownership. Copyright legislation views the two as very different things and a work won’t necessarily have the same person/ entity as both the author and owner. Simply put, the author is the creator of the piece, whilst the owner is the person who may claim rights over it.
It may often be difficult to establish ownership rights, as circumstances vary, however, the general rule states that if such works are created ‘during the course of employment’, rights belong to the employer. If a work is produced by an artist, they shall become the ‘first owner’ and author of the work however, the producer/record label, for example, will hold rights to the work. The latter of course is a simple answer, as many situations vary, thus it’s important to consider aspects such as “work for hire” etc.
Furthermore, there is the possibility of joint authorship, where two or more people create a work together. Here copyright in the work is also shared, with contribution required to be not just with an idea but instead an expression. The contributions are also not required to be equal, however must satisfy the elements of fixation and originality.
If you have any queries regarding the above article or would require assistance with an alternative matter, please do not hesitate to get in touch with a member of our legal team at Lawdit Music today.
By Lora Krasteva, student from Southampton Solent University
Tel: 023 8023 5979
E-mail: legal@lawditmusic.co.uk
