Examining Music Rights and Why It is Important to Protect Them?

Authors’ Rights for music consist of several different rights Economic Moral

Economic Rights Performance Rights Mechanical Rights Master Recording Rights Synchronization Rights

Performance Rights These are the rights a creator has over the performance and presentation of a copyrighted work including: concerts, broadcast (TV, radio, etc.), cinemas, restaurants, night clubs, theatres, etc. Authors normally sign monitoring of these rights over to a non-profit organization who will keep track of when a performance is made anywhere in the world.

In Estonia, the organization that monitors performances is the Estonian Authors’ Society (EAU). Most nations in the world have such organizations who have reciprocal agreements with other country’s performance rights organizations. Royalties for performances vary from country to country.

Mechanical Rights These are the rights to put music onto a fixed medium, such as a CD, tape, DVD, LP, or other distributive media. These rights are usually a fixed price per copy manufactured depending on the media. Also monitored and administrated by non-profit organizations on behalf of artists. In Estonia, the Estonian Authors’ Society takes care of administration of this on behalf of Estonian artists.

Master Recording Rights In a musical recording, someone also owns the recording of a piece of music. To use a piece of music one must get permission of the copyright owner of the composition and the copyright owner of the musical recording.

Synchronization Rights These are the rights to synchronize a piece of music with a moving picture. Permission must be obtained for both the music composition and the master recording.

Moral Rights Right of Authorship - to appear in public as the creator of the work. Right of Author’s Name - to decide in which manner the author’s name shall be designated upon us of the work. Right of Integrity - to make or permit others to make changes to the work. Right of Additions - to permit additions to works.

Right of Protection of author’s honour and reputation. Right of Disclosure - decide when the work is ready to be performed. Right of Supplementation - to supplement and improve the author’s work which is made public. Right to Withdraw the Work - to request that use of a work be terminated. Right to Remove the name of the Author from the work.

How do these rights affect educators?

Free Use Free Use allows for the use of copyrighted works with certain limitations. Privately, published works can be utilized and reproduced for private use without authorization Publicly, works can be used for: Educational, Scientific, informational, judicial and administrative purposes.

The rules: You must mention the name of the author, the title and the works and the source of the publication You can make summaries and quotations of the work, provided that the meaning is not changed and that only the minimum necessary to get the meaning across is used. You can use works to illustrate concepts for teaching purposes as long as the amount of material used can be justified and it is not for commercial purposes.

You can use works in the act of reporting current events. Libraries or archives may make a copy to replace a work that has been lost, destroyed or made unusable, to preserve the work, or to carry out the function of the library provided there is no economic benefit. Public performances of works in the direct teaching process in an educational institution by the teaching staff and students if the author’s name is mentioned and the performance is given to individuals directly linked to the staff and students. (Parents, guardians, family, etc.)

Commercial Use If you or your institution decide to create musical recordings, release commercial products, or have performances that are commercial in nature and utilize music, the correct rights will have to be acquired from the rights holders. Public Performances where there is paid admission and is open to the general public: school theatrical performances, dances, and musical performances.

How do I find the rights holder of a piece of music?

Estonian Authors’ Society administrates the rights for Estonian Authors. EAU administers the Performance Rights and other rights for foreign authors. Rights of foreign authors not administered by EAU are administered by the authors themselves, their publishers, and Rights organizations in the author’s home country. the easiest and least expensive thing to do is use local musicians and composers!

Why should we be concerned about the rights of music authors?

Reduced record sales for mainstream artists is the most publicized effect that we hear about. Current business model for selling music is being undermined by file sharing of MP3’s. The effect is felt by music artists in all spectrums of the music business.

Independent recording artists, non- commercial, or artists that do not perform depend on CD royalties. They have experienced a large reduction in CD sales and income. Reduced capital for new recordings. Artists will have to release less. Reduce the viability of a career path in the music business for young artists.

Starve independent artists out of the music business. Reduce the number of record stores and other distribution points for artists without major label money to promote their work. Reduce selection of quality artists.