Copyright Act 1968: Rights of Copyright Owners

• Copyright Act 1968 grants specific rights to copyright owners of literary, musical works, and master recordings.
• The following notes detail those rights.

Rights of Copyright Owner in a Literary or Musical Work

• Copyright owners have the exclusive right to control how their work is used.
• This control extends to various acts related to the work.
• The exclusive rights of the owner include the right to reproduce the work in a material form.
• Reproduction refers to making copies of the work.
• The owner has the right to publish the work.
• Publication means making the work available to the public for the first time.
• The right to perform the work in public is also exclusive to the copyright owner.
• Public performance covers any performance outside a domestic setting.
• The right to communicate the work to the public belongs to the copyright owner.
• Communication to the public includes broadcasting the work or making it available online.
• The right to make an adaptation of the work is another exclusive right.
• An adaptation involves modifying the work, such as translating a literary work or arranging a musical work.
• Entering into a commercial rental arrangement for the work is controlled by the copyright owner.
• Copyright law prohibits others from doing these acts without permission from the copyright owner.
• Doing any of these acts without permission constitutes copyright infringement.
• Copyright protection encourages creativity by giving creators control over their works.
• It allows them to benefit financially from their creations.
• Copyright duration varies but generally lasts for the life of the author plus 70 years.
• After the copyright expires, the work enters the public domain and can be freely used.
• Copyright law balances the rights of creators with the public interest in accessing and using creative works.
• There are exceptions to copyright that allow certain uses without permission.
• These exceptions include fair dealing for purposes such as research, criticism, and news reporting.
• The Copyright Tribunal can settle disputes over copyright licensing and royalties.
• Owners can assign their rights to another person or entity.
• Owners can also license their rights, allowing others to use the work under specified conditions.
• Copyright notices (©) are not mandatory but are advisable to inform others of the copyright claim.
• Legal action can be taken against those who infringe copyright.
• Remedies for infringement include injunctions and damages.
• Injunctions prevent further infringing activity.
• Damages compensate the copyright owner for losses suffered due to the infringement.
• Copyright law is constantly evolving to address new technologies and forms of creative expression.
• International treaties and agreements also affect copyright law.

Rights of Copyright Owner in a Master Recording

• Copyright owners of master recordings (sound recordings) also possess a bundle of exclusive rights.
• These rights govern how the recording can be used and protect the owner's investment.
• The owner has the exclusive right to reproduce the sound recording in a material form.
• This means making copies of the recording, whether physical or digital.
• The right to communicate the sound recording to the public is also exclusive.
• Communication to the public includes broadcasting the recording.
• It also includes making the recording available online, such as through streaming services.
• Entering into a commercial rental arrangement for the sound recording is controlled by the owner.
• Copyright in a sound recording is separate from copyright in the underlying musical work (song).
• The owner of the sound recording copyright is typically the record label or the artist who financed the recording.
• Without permission, specific acts related to the master recording are prohibited.
• Actions without authorization constitute copyright infringement.
• Copyright protection encourages investment in the production and distribution of sound recordings.
• It lets owners gain financially from their investments.
• The copyright term for sound recordings is generally 70 years from the year of first publication.
• After the copyright term expires, the sound recording enters the public domain.
• The public can use it freely.
• Copyright law balances the rights of recording owners with the public interest in accessing and using music.
• Exceptions to copyright exist.
• These permit certain uses without permission, such as fair dealing for criticism or news reporting.
• Statutory licenses may apply to certain uses of sound recordings, such as broadcasting.
• The Copyright Tribunal can settle disputes over copyright licensing and royalties for sound recordings.
• Owners can assign their rights to another party, such as a music publisher.
• Owners can license their rights, letting others use the recording under conditions.
• Licenses often specify the territory, duration, and type of use permitted.
• Copyright notices (℗) are often used on sound recordings to inform others of the copyright claim.
• Legal action can be taken against those who infringe the copyright in a sound recording.
• Remedies for infringement include injunctions to stop infringing activity.
• Remedies include damages to compensate the owner for any losses experienced.
• Copyright law is ever-changing to keep up with new technologies and emerging music formats.
• Owners should stay up-to-date.
• International treaties and agreements can impact copyright law and associated provisions.