Copyright Overview & FAQ

November 15, 2005

What is copyright?

• Copyright protects the expression of an idea - it allows people to benefit from what they create whether it be a painting, a book, a piece of music or a photograph.
  
  
• Owning copyright means the potential to earn a living by creating music, literature, films and other non-tangible products.
  
  
• Copyright and other intellectual property belongs to the creators as much as other forms of property; a house, a car or a book.

Music and copyright

• Copyright has been applied to works and recordings for decades and it has adapted to changes in technology - from the printing press through the vinyl record to the CD, the digital file and the internet.
  
  
• When someone creates a piece of music there are rights attached to it, and the creator is entitled to decide how that music is used and distributed.
  
  
• You can't make tapes of a blockbuster film and sell them in a car boot sale or copy software around from computer to computer, or use a photo in an advert, or play a music video publicly unless you have the permissions from the right holders to do so.

Copyright in the digital world

• Copyright gives the people involved in creating music (artists, composers, publishers and producers) various rights over the copying, distribution, performance and internet transmission of their music.
  
  
• Rules vary slightly from country to country and some countries allow limited copying and performance that is truly 'private'.
  
  
• However "uploading" music (i.e. the copying and distribution of music files on the internet) is an infringement of copyright if done without the rights owners' permission. It is not considered 'private' copying, because other users have instant access to the uploaded material .

COPYRIGHT FAQ

1) WHO ACTUALLY HOLDS THE COPYRIGHT IN A PIECE OF MUSIC?

The people who wrote the tune and the lyrics and/or their publishers own authors' rights; the artist that performs that music has rights to his/her performance; and a record company has rights to its recordings.

2) HOW DO I KNOW IF THERE IS COPYRIGHT ON A PARTICULAR PIECE OF MUSIC?

All music and recordings of music are copyrighted and also subject to protections of 'related rights' as of the date they are created or published, as the case may be. In Europe authors and music publishers retain copyright for 70 years after the death of the author, and performers and producers enjoy protection for 50 years after the recording was first communicated to the public.

3) HOW DO I KNOW IF WHAT I'M DOING IS LEGAL OR ILLEGAL?

Under copyright (and related rights) in more than 150 countries it is not legal to copy, adapt, translate, perform, or broadcast a protected work or recording, or put it on the internet, unless a specific exception exists in the copyright law of your country, or unless you have permission from all of the relevant owners of rights.

4) IS IT ILLEGAL FOR ME TO COPY AND DISTRIBUTE MUSIC EVEN IF I'M NOT MAKING MONEY OUT OF IT?

The question of whether you are doing copying for profit may affect what penalties apply, but does not determine whether you are in breach of copyright.

5) ISN'T IT LEGAL TO MAKE COPIES FOR MY OWN PERSONAL USE?

The laws of some countries have limited exceptions to the rights owners' rights to control copying, which allow copying for your own private use. These exceptions do not apply, however, if you make available or transmit copyright material over the internet, distribute copies, or (in most countries) copy from illegal sources.

6) IF I HAVE BOUGHT A LEGITIMATE CD, CAN'T I DO WHAT I LIKE WITH THE MUSIC ON IT?

In buying a legitimate CD you have paid for the right to own the physical disc, to play it privately as often as you like. You have not bought the right to make copies or distribute copies, whether on CD-R or over the internet.

7) SO WHAT IF I BREAK THE LAW - WHAT CAN ANYONE DO ABOUT IT?

Where people persistently make music available on the internet in breach of copyright laws, they are in effect engaged in copyright theft, and that exposes them to the risk of legal action by the copyright holders.

8) IS THERE A COPYRIGHT ON ALL MUSIC, INCLUDING MUSIC THAT MAY NO LONGER BE AVAILABLE COMMERCIALLY?

Generally, yes. While some old recordings may have fallen into the public domain, the vast bulk of those that appear on the internet are still under copyright protection.

9) WHAT IF I JUST WANT TO DOWNLOAD A FEW SONGS TO SEE IF IT'S WORTH BUYING THE ALBUM?

That's fine if you're allowed to do so by the holder of the rights. Some legitimate sites let you listen to clips from particular songs, or sample a limited download of tracks from their service, as a 'taster' of the music.

10) MATERIAL OVER THE INTERNET IF IT IS MARKED WITH 'DELETE WITHIN 24 HOURS', 'FOR EVALUATION PURPOSES', OR A SIMILAR DISCLAIMER?

No, these disclaimers are invalid unless authorised by the right holder. The law looks to the reality of what is happening - unauthorised transmission and reproduction of somebody else's music.

11) DOES IT MAKE A DIFFERENCE HOW MUCH I'M UPLOADING?

You are likely to be breaking the law whether you are uploading one copyrighted song or thousands.

12) IS ALL FILE-SHARING ILLEGAL?

Unauthorised peer-to-peer 'file sharing' is copyright infringement. For the time being the vast majority of all peer-to-peer file-sharing is unauthorised, since it is not licensed by copyright holders, and is therefore illegal.

13) WHAT IF I DOWNLOAD MUSIC FROM A SITE FROM A DIFFERENT COUNTRY THAN THE ONE I'M IN, WHERE THE LAW MIGHT BE DIFFERENT?

Internet activities of this sort typically involve acts of copying, transmission, or distribution in both countries, so both countries' laws would apply.

For more information go to www.pro-music.org or contact IFPI Communications:
Tel: +44 (0)20 7878 7935
Email: press-office@ifpi.org