Music copyright: How long is it valid? Occurrence and disappearance

General

Music copyright sounds like a very difficult term. Many people think that it is a world that only a lawyer like a lawyer can understand because it is a story of law. Copyright law rights, such as copyrights and neighboring rights, include rules that are rarely considered in everyday life. Therefore, there may be cases where you violate without knowing it. Therefore, those who use music need a minimum of knowledge.

What is music copyright?

It refers to the rights of lyricists, composers, etc. who can permit or prohibit the use of music works. If you perform at a concert, snack, party, etc., or if you play a CD or record at a club, fashion show, etc., the performance right will work, so the organizer and the owner will be responsible for using it, and the copyright holder will have to use it in advance. There is a rule that you have to get permission and pay the usage fee. Furthermore, when a concert is held and lyrics and sheet music are printed on the program, the reproduction right works in addition to the performance right, and the organizer has to process two copyrights.

Copyright generation

Copyright basically arises automatically when the work is created. Unlike patents, copyrights arise naturally without having to apply to a national agency. This occurs regardless of whether it is a professional work or an amateur work. As a general rule, if music distribution is outsourced to a management organization even if it is a company or organization, confirmation is required depending on the purpose of the business and content when using the created material in a performance.

Copyright extinction

The term of copyright varies depending on the country, but generally it is protected for 70 years after the death of the author. Once the protection period has expired, legal protection for a work ceases to exist, and the copyright expires. The author’s control over the sound source expires in 70 years. After this period, you will be free and the copyright protection period will end, so you can distribute information about your music without any formalities required after your death.

Copyright type

There are the following types of music copyrights.

Copyright

The rights held by the lyricist / composer who creates the music itself, such as lyrics and melody. The person who makes the master is called a “record maker” by law. In addition to record companies, there are music publishers and productions who make masters. Specifically, the rights are as follows.

Copy right

Rights related to duplication. With this right, permission is required when using music copied from a commercially available CD as BGM for video or video.

Rental rights

Right to rent a CD. This right applies only for one year from the time the CD was first released.

Transmission enablement right

The right to be able to send automatically upon request, such as on the Internet. The copied music data cannot be uploaded to the server without permission.

Related rights

Musicians sing and play music created by lyricists and composers. Musicians have “related rights” in the position of “performers” by law. Specifically, the rights are as follows.

Recording right

Right to record performances and songs on CDs, DVDs and Blu-rays.

Broadcasting / cable broadcasting rights

Right to play performances and songs on TV, radio and other broadcasts (cable broadcasting).

Transmission enablement right

The right to be able to send automatically upon request, such as on the Internet.

Rental rights

Right to rent a CD. This right applies only for one year from the time the CD was first released.

Royalty-free

Royalty-free means that you can use the work as many times as you like by purchasing the right to use the work once. Copyright-free (royalty-free) charges you only once to get the right to use the song. Normally, you have to pay a copyright fee for each use of a song by a famous artist. Royalty-free means that the copyrighted work is free of charge. The copyright belongs to the composer, and the copyright is not waived.

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