5. Copyright is automatic and begins at creation.
All that is required for a song to enjoy
copyright protection is for it to be original
and exist in a fixed form
6. FIXED FORM means music may be written or
recorded (doesn’t have to be professionally
done) in music sheet, CDs, cassettes or any
other storage device
7. ORIGINAL means the
expression of the work must
be unique to the owner; it
doesn’t mean similar works
have not been created
9. Copyright Registration
In Nigeria, there is no official
registration system for
copyright. It is the requirement
of countries which are
signatory to the Berne
Convention (Nigeria is one of
such) that copyright is
automatic. However, some
countries like the United States
require registration at the
Copyright Office.
10. What right does the copyright owner have?
There are two types of rights:
Moral rights
&
Economic rights
11. Moral rights ensure that the creator of music
is recognized when his work is used or
reproduced. It also ensures
that a piece of music is not modified
in any way that may be derogatory
to the reputation of the creator.
12. Economic rights are rights which
the copyright
owner can exploit for
commercial benefits
14. Reproduction rights- the copyright
owner has the right to
prevent others from making
copies of his music
15. Distribution rights - the right of
the copyright owner to control the
distribution of his music
16. Publishing rights - the right to make
a song (without the sound recording)
available to the public resides
with the creator or someone
authorized by him
17. Performing rights - the copyright owner
has the right to determine who
performs in public the
music he has created
18. Recording rights - this covers the right
to make a sound recording or a
video recording of a song
19. Rights of Translation - the right to
translate or to authorize the
translation of a piece of music
is solely that of the
creator of the work
20. Broadcast and communication to the public - the
owner of copyright has the right to control the
broadcast of his music on radio, television and
other cable stations. He also has the exclusive
right to control the communication of his music
to the public by means of a loudspeaker or similar
devices as seen in shopping malls, banking halls,
clubs, buses, aircrafts, restaurants etc.
21. Rights of Adaptation - the owner of
copyright has the exclusive
right to control the
modification
of his work into another work
22. Exploitation of the translation or adaptation-the
copyright owner has the right to control the
exploitation in any form of the adaption or
translation of his work
23. Length of a copyright
In musical works, copyright runs from the time
of creation till 70 years after the end
of the year in which the author dies.
In sound
recordings, copyright lasts till 50 years after the
end of the year in which the recording was first
made.
24. Ownership of a copy Vs. Owner of copyright
The purchase of a piece of music or a full
album does not confer on the buyer, copyright.
The buyer is only entitled to enjoy the music he
has bought in a private setting, anything other
than this; he may be liable of infringing on the
creator’s copyright
25. Transfer of Copyright
Copyright ownership can be transferred and
this must be done by a written agreement.
The transfer (assignment) of copyright only
affects economic rights.
27. In partial assignment, a music author may
transfer his reproduction, translation and
adaptation rights to a publisher. He may also
decide to split his rights between different
persons
28. Transfer of copyright may
also
be granted for a
period of time and
for a certain territory
29. Transfer of copyright is serious business and
should be entered into ONLY after proper
legal consultations.
30. Limitations on copyright
There are exceptions to the rules in copyright.
Fair use: music is exploited without authorization
of the owner and without the obligation to
compensate the owner afterwards. This is
obtainable in the use of such works by way of
illustration for news reporting or teaching
purposes. This is purely for non-profit or
non-commercial purposes. Also note that playing a
complete music track in a news report is not fair
use.
