WHAT IS COPYRIGHT?
Copyright in relation to a musical work is the exclusive right which the owner has over its use and his entitlement to rely on the law to prevent others from using such work without his consent. The Copyright Act of 1987 defines copyright in relation to a musical work as being the exclusive right to: - reproduce a work in any material form;
- communicate a work to the public;
- perform, show or play a work to the public;
- distribute copies of a work to the public by sale or transfer of ownership;
- commercial rent a work to the public
WHO OWNS THE COPYRIGHT?
The author of the work is the first owner of the copyright. However, where the work is written by an employee in the course of his duties, then the employer is regarded as the legal author of the work. On the other hand where the making of a work is commissioned and in the absence of any agreement to the contrary, the author and the ownership of the copyright by him is only surrendered if he should assign his exclusive rights to the commissioning party. WHAT IS THE DURATION OF COPYRIGHT?
Generally speaking, copyright in a musical work subsists during the life of the author and fifty (50) years after his death. However, if before the death of the author, a work has not been published or broadcast, copyright in a work continues to subsist until the expiration of fifty (50) years following the first of the above events taking place. As regards a work of joint authorship, the life of the author who dies last is used for the purpose of calculating the copyright duration of the work. HOW IS COPYRIGHT INFRINGED?
The copyright in a musical work is infringed by a person who, not being the owner of the copyright and without the licence from the copyright owner, does or causes any of the above mentioned acts controlled by copyright under the Copyright Act. |
