WHAT IS COPYRIGHT?

The principle that the work one has created belongs to the creator and should be controlled by them is as timeless as it is global. Around the world, this principle is encoded in law. “Copyright” is a term of intellectual property law that prohibits the unauthorized duplication, adaptation or distribution of a creative work. In the recording industry, there are usually two copyrighted works involved:

  • The copyright in the musical composition, i.e. the actual lyrics and notes on paper. This is usually owned by the songwriter or music publisher.
  • The copyright in the sound recording, i.e. the recording of the performer singing or playing a given song. This is usually owned by the record company.
On the federal level, titles 17 and 18 of the U.S. Code protect copyright owners from the unauthorized reproduction, adaptation or distribution of sound recordings, as well as certain digital performances to the public. The penalties differ slightly, depending upon whether the infringing activity is for commercial advantage or private financial gain. Under U.S. copyright law, “financial gain” includes bartering or trading anything of value, including sound recordings. Where the infringing activity is for commercial advantage or private financial gain, sound recording infringements can be punishable by up to five years in prison and $250,000 in fines. Repeat offenders can be imprisoned for up to 10 years. Violators can also be held civilly liable for actual damages, lost profits, or statutory damages up to $150,000 per infringement, as well as attorney’s fees and costs. The online infringement of copyrighted music can be punished by up to 3 years in prison and $250,000 in fines. Repeat offenders can be imprisoned up to 6 years. Individuals also may be held civilly liable, regardless of whether the activity is for profit, for actual damages or lost profits, or for statutory damages up to $150,000 per infringed copyright.

For more information, please go to: http://www.riaa.com/issues/copyright/laws.asp.


For more information, contact us at info@cmta.com ; (615) 242-0303.
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