Copyright

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• Secondary Education

Copyright

Learning objective

Moral Vs Performance rights

Moral rights vs. performance rights

Performance rights and moral rights are two distinct aspects of copyright law, each addressing different aspects of the rights and protections granted to creators. While they both fall under the broader umbrella of intellectual property rights, they serve different purposes and protect different aspects of the creative work

Performance Rights

Definition

Performance rights refer to the rights associated with the public performance or communication of a musical work.

Scope

This includes the right to perform the work live in front of an audience, play it on the radio, broadcast it on

television, or perform it through digital streaming services.

Collective Management:

In many cases, performance rights are managed

collectively by collecting agencies or PROs, which license the use of musical works on behalf of their members (songwriters, composers, and publishers) and collect royalties from users.

Moral Rights

Definition

Moral rights are a set of non-economic rights that are more personal to the creator and are often associated with the integrity and reputation of the work and its

creator.

Components

Moral rights typically include the right to attribution (the right to be identified as the creator), the right to integrity (the right to object to derogatory treatment or distortion of the work), and the right to not have the work falsely attributed to someone else.

Duration

Unlike economic rights (such as performance rights),

moral rights may persist even after the economic rights have been transferred or expired.

Personal and Inalienable Moral rights are considered personal to the creator and, in some cases, may be inalienable, meaning they cannot be transferred or waived.

are:

 The right of attribution – this is the right of

the composer/author to be credited as the

author of the work

 The right to not have authorship falsely

claimed – only the actual composer/author

can be credited as the composer, there should

be no additional names

 Right of Integrity – this is the right to take

action if others treat the work in a derogatory

way

The 2 moral rights for performers are as follows:

 The right of attribution – this would include a

credit as the performer on a CD or on a gig

poster

 The right not to be falsely attributed – you

can’t suggest that someone who is not the

actual performer is the performer.

While performance rights focus on the commercial use and public dissemination of the work, moral rights are more concerned with protecting the personal and reputational aspects of the creator's connection to the work. It's important to note that the recognition and protection of moral rights can vary between jurisdictions, as different countries may have different laws and approaches regarding these rights.

Moral Rights

The 3 moral rights for the creator of music and lyrics are:

• The right of attribution – this is the right of the composer/author to be credited as the author of the work

• The right to not have authorship falsely claimed – only the actual composer/author can be credited as the composer, there should be no additional names

• Right of Integrity – this is the right to take action if others treat the work in a derogatory way

The 2 moral rights for performers are as follows:

• The right of attribution – this would include a credit as the performer on a CD or on a gig poster

• The right not to be falsely attributed – you can’t suggest that someone who is not the actual performer is the performer.

Enter your question here

How do we gain copyright clearance

permissions?

• Identify Copyrighted Material

Clearly identify the copyrighted material you intend to use. Specify whether it's music, images, text, or any other form of creative work.

• Determine the Need for Clearance

Assess whether clearance is required for the intended

use of the copyrighted material. Consult relevant copyright laws and regulations to ensure compliance.

• Contact Copyright Owners or Collecting Societies

Reach out to copyright owners directly or through collecting societies if applicable. Clearly communicate your intent, specifying the nature of use, and inquire about the terms for obtaining clearance.

• Negotiate Terms and Fees

If necessary, negotiate terms and fees for obtaining clearance. Clearly outline the scope of use, duration,

and any associated costs. Document these negotiations for future reference.

• Secure Written Permission

Obtain written permission from the copyright owner or collecting society. This can be in the form of a

licensing agreement, email confirmation, or any other

written documentation.

What if?

What if you accidently infringe on someone’s copyright? It might be inevitable, as there are only so many combinations of notes that can make

up a melody! Watch this video to learn more:

1. What are the exclusive rights granted to music copyright owners, and why is it important for musicians to be familiar with them?

2. What steps can musicians take to protect their music, especially in terms of documentation and copyright notices?

3. Why is it advisable to consult with legal professionals specialising in music copyright, and how can they help?

4. What role do collecting agencies and PROs play in simplifying the process of obtaining performance rights for musical works?

5. What is the difference between performance rights and moral rights?

Protecting material from unauthorised use

Copyrighting as a collective or collaborative effort

A collective work exists when there are 2 or more co-writers and the individual writer’s contributions are

clearly identifiable. For example, one person writes the lyrics and another person writes the music.

Joint works exist when two or more authors or composers write the music together or the lyrics

together.

Ultimately bands and co-writers can choose to deal with the ownership of the copyright in any way they wish.

The Copyright Act does not discuss percentages of ownership. It simply states that copyright is equally

owned. However, APRA suggests the following:

• 50% of the work is attributed to the owner of the music

• 50% of the work is attributed to the owner of the lyrics

The main thing is to make sure that everyone knows who own what percentage and to make sure the total ownership adds up to 100%

Discussing copyright in collaborations

• Document the Creation Process:

Keep detailed records of the creation process, including drafts, notes, and individual contributions.

This documentation serves as evidence of the originality and the collaborative effort involved.

• Maintain Communication Records:

Preserve communication records among collaborators. Emails, messages, or meeting minutes can

demonstrate the exchange of ideas and contributions, confirming the collaborative nature of the work.

• Establish Clear Roles and Contributions:

Clearly define each collaborator's role and contributions to the project. This clarity avoids misunderstandings and provides a basis for confirming individual or collaborative efforts.

• Utilise Collaboration Agreements:

When embarking on a collaborative project, consider drafting a collaboration agreement outlining each party's responsibilities and rights. This legal document can serve as a reference point in confirming original work.

• Incorporate Time-Stamped Versions:

Save time-stamped versions of the work at different stages. This helps establish the progression of the project and the individual or collaborative efforts.

Formally recording and documenting copyright ownership

• Initiate Transparent Discussions

Openly discuss copyright ownership with all relevant

personnel involved in the creation process. Clearly communicate expectations and intentions regarding ownership.

• Define Ownership Provisions

Clearly outline ownership provisions, whether it's sole

ownership by an individual or proportional ownership among collaborators. Discuss how contributions will be recognised and rewarded.

• Draft a Copyright Agreement

Consider drafting a formal copyright agreement that specifies ownership details. This legal document should include clauses on individual contributions, proportional ownership, and any conditions for transferring or licensing rights.

• Include Signatures

Ensure that all parties involved sign the copyright agreement. Signatures authenticate the document and demonstrate everyone’s acknowledgment and acceptance of the ownership terms.