chapter 32 music business handbook and career guide, 10th ed. © 2013 sherwood publishing partners
TRANSCRIPT
Chapter 32
International CopyrightChapter Thirty-Two
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Start Thinking . . .
1. How are copyright laws governed internationally?What treaties or conventions protect copyright owners?
2. What organizations or bodies serve the interests of copyright owners?
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Chapter Goals
• Understand the copyright conventions that protect intellectual property rights in the international arena.
• Discover how copyright conventions protect the interests of neighboring rights owners internationally.
• Learn which organizations are involved with advancing the cause of copyright protection.
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Copyright Conventions
• Berne Convention, International Copyright Convention, WIPO Copyright Convention concern the rights of authors and composers
• Geneva Phonograms Convention, Rome Convention, WIPO Performances and Phonogram Treaty deal with the interests of neighboring rights owners
o performers, record producers, broadcasters
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Copyright ConventionsBerne Convention
• Berne Convention for the Protection of Literary and Artistic Works
signed in 1866 amended six times to keep pace with technologyo Berlin revision of 1908o The Rome Act of 1928o Brussels 1948o “moral rights” included in 1928o Stockholm (1967) and Paris (1971)
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Copyright ConventionsBerne Convention
• From original 9 to today’s more than 150 signatories
• A number of provisions are optional reciprocal treatment broadcasting rights options film authorship
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Copyright ConventionsBuenos Aires Convention
• Agreement for countries in North and South America
• Compliance with copyright law in country of first publication qualifies work for protection in other member countries
• Suggested label includes “all rights reserved” notice
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Copyright ConventionsUniversal Copyright Convention
• United States a founding member of the UCC (1955)
• U.N. wanted to attract maximum number of participants exclusive rights held to a minimum level
• Copyright symbol and year of first publication promoted: © 2013
• Goal of UCC was to avoid competition with other prevailing agreements
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Copyright ConventionsRome Convention
• 1961 Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations
• Protects labels and performers (not authors) viewed as rights owners not just rights users control reproduction and public performance of recordings
• Minimum period of copyright = 20 years most national laws today protect for 50 years
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Copyright ConventionsRome Convention
• Provided for compulsory broadcasting license
• Signatories could opt out of granting broadcasting rights to producers and performers
• Provides a fundamental national treatment for contracting states noncontracting states may share royalties if recording received
“simultaneous publication”
• United States not a signatory criterion of first fixation
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Copyright ConventionsGeneva Phonograms Convention
• Piracy of prerecorded cassettes endemic by 1960s
• Result: 1971 Convention for the Protection of Phonograms Against Unauthorized Duplication of the Phonograms
• Added new import and distribution rights to Rome Convention
• Rights owners could take action to stop illegal imports stop illegal manufacturers and sellers
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Copyright ConventionsWIPO Copyright Treaty and Performances and
Phonograms Treaty
• WCT provides protection for authors when works are used on the Internet through downloads and streaming
• WPPT extended protection for neighboring rights owners on the Internet and digital platforms
• Other elements include: outlawing of devices that circumvent electronic protection stronger protection against illegal copying reconfirmation that Berne and Rome Convention provisions on
reproduction of works or recordings apply to the digital domain
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Multilateral Agreements
• Copyright protection included in many trade agreements between nations
• GATT promotes and enforces free trade worldwide
• TRIPS was accepted by more than 120 counties in 1993 echoed Berne and Rome Conventions makes allowances for developing countries
• Other copyright treaties grown out of free trade issues NAFTA European Union
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Bilateral Treaties
• 1988 Omnibus Trade and Competitiveness Act USTR nominates “Priority Foreign Countries”
• 1989 USTR set up Watch List and a Priority Watch List
• The Harry Fox Agency has foreign affiliates aid in licensing, collection, distribution of music
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
World Intellectual Property Organization
• WIPO is an organ of the United Nations administers Berne and Rome Conventions meetings facilitate discussions about updating or redrafting
copyright conventions in response to technological developments
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
World Trade Organization
• WTO implements and polices GATT and TRIPS agreements
• TRIPS agreement WTO ensures developing countries upgrade their copyright
laws within time limits resolves bilateral disputes and complaintso E.U. battled over U.S. 1998 Fairness in Music Licensing Act
2001 WTO disputes panel agreed with E.U. U.S. government paid compensation
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
International Confederation of Societies of Authors and Composers
• CISAC an umbrella organization for 60+ countries convenes a world congress every two years encourages cooperation between its members helps form new authors’ societies
• Key issues for CISAC evolve a common policy for protecting copyright harmonize documentation to identify musical works
• Helps new societies from Singapore office
• ASCAP and BMI work with CISAC
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
Bureau International des Sociétés Gérant les Droits d’Enregistrement et de Reproduction Mécanique
• BIEM represents the interests of composers and music publishers
• Negotiates with IFPI to set the standard mechanical royalty rate in Europe and Latin America BIEM-IFPI rate does not apply in United States, Canada, Australia, U.K.
• BIEM-IFPI contract stipulates mechanicals at 9.1% of wholesale price
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
International Federation of the Phonographic Industry
• IFPI defends the interests of labels in international domain representation as a federated body in negotiations skilled lobbyist for copyright at international level consultative body for European Commission
• IFPI has more than 1,500 member companies in 76 countries
• Policy-making board comprises four regional boards Europe, Pacific Rim, Latin America, Confederation of Independent States
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
International Federation of Musicians and International Federation of Actors
• FIM and FIA have NGO status with WIPO and ILO AFM is a member of FIM Actors’ Equity is a member if FIA
• Principal impact of FIM and FIA is long-standing agreement with IFPI distribution of broadcasting royalties between neighboring rights
owners agree to divide equally any broadcasting royalties collected on
their joint behalf
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners
For Further Thought . . .
1. What are the two categories of international copyright agreements?
2. What is the difference between “simultaneous publication” in a Rome Convention country and the concept of “first fixation”?
Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners