What is copyright for a song?
Today we will talk about such a pressing issue as music copyright . How do I protect my copyrights? How can a piece of music be used? How do I get a copyright certificate for a song? Read the answers to all these questions in this article.
Music occupies a special place in modern society. We listen to songs all the time, attend concerts and look forward to new albums of our favorite artists. Of course, the cooler the song, the more royalties the singer will receive. And here the main thing is to ensure timely copyright protection for the song. Unfortunately, today there are many unscrupulous competitors who are just waiting to get rich at someone else’s expense.
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Copyright to a musical work, like other rights, is governed by the norms of the Law of Ukraine “On Copyright and Related Rights.
It is interesting that, referring to Article 8 of this Law, we will see that the subject of copyright can be classified as a composition with text, and without.
In addition, the process of using songs is regulated by the Civil Code of Ukraine. Thus, article 441 establishes the methods, methods and forms of using music. So this:
- publishing a piece of music;
- play the song in any form and by any method;
- various changes to the music (adaptation, arrangement, reworking, etc.);
- public performance of the song;
- sale, rent of songs in any format;
- import and export of copies of a musical work, its modified copies.
What do you need to do to protect music copyrights?
The simplest and most correct solution in this situation will be the implementation of copyright registration. In fact, the procedure for registering copyright for a song is not very different from the generally established system, but it still has its exceptions. Let’s see what these features are.
First of all, as an author, you need to decide what exactly you want to register: a single song, an entire music album, or just a text. Each option has its own advantages and sets music copyrights differently.
If you have decided to register each melody separately, you will need to prepare the relevant documents in advance and submit to the authorized body in which the registration procedure takes place. If your applications are confirmed, then everything will be successful and you will receive the desired copyright certificates. Thus, you can easily defend your copyright for the song in court, in the event of a conflict or dispute. In addition, with the help of such registration, you will have the opportunity to conclude lucrative contracts with various commercial organizations. However, this option has its drawbacks. Such registration will not be cheap, because you will have to obtain a certificate for each work separately.
In addition, there is the option of registering a piece of music as a trademark. In this case, you can register the title of the song or some part of it. Obtaining a trademark will help you protect the title of your track from ill-wishers, which may be used for various commercial purposes.
If we compare the two above-mentioned registration methods, we can say that obtaining a trademark is a rarer procedure. Although in practice there have been cases when famous performers were sued for the illegal use of the names of their songs. Therefore, if you want to save yourself one hundred percent, it is better to foresee any possible situation.
What are the specifics of the music copyright registration procedure?
In Ukraine, authors of musical works can register their creations as objects of copyright and receive a corresponding certificate.
Most often, the registration objects are such musical developments as:
- albums that consist of several works or songs;
- piece of music, composition;
- special music for movies, TV or radio broadcasts, shows, etc .;
- other musical developments, which may or may not have lyrics.
The procedure for registering a musical work is not very different from the procedure for registering any other intellectual property. The right decision in this matter would be to seek help from a special expert company, which will deal with all issues related to obtaining the appropriate certificate.
You need to know that such persons as:
- independently the author of the text and the author of the music in one person;
- several individuals (co-authors) – music author and lyricist;
- a legal entity (this is possible when the author of the composition and the author of the text are employees of this legal entity, and the creation of a musical work is part of their duties to the employer. This registration procedure is called a “work work”);
- legal entities or individuals who are not the authors of the work (possibly in the case when this person has entered into an agreement with the author of the text or music, according to which the created musical work will be the property of the customer).
In order to carry out the registration procedure, you will first need to prepare the following documents:
- the piece of music itself or several songs (possibly an album) must be in mp3 format;
- name, date of birth, address of residence and actual location of the author of the text or composer;
- a clear and specifically formulated song title (if there is an album, then its title too);
- exact date of creation of the piece of music;
- describe your composition, song or album in several sentences.
The procedure for registering copyright for music in Ukraine takes approximately 2 to 3 months. The copyright certificate on the protection of your copyrights is issued by the State Intellectual Property Service of Ukraine, which is located in the city of Kiev.
Was it interesting? Learn what an editor needs to know about copyright.
Position: Lawyer in the field of intellectual property
Work experience: 8 years. Candidate of Legal Sciences.
Specialization: Deals with the protection and registration of intellectual property objects, writing claims and statements of claim. Registers objects in the customs register.
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