Copyright in the Music Industry: A Practical Guide to Exploiting and Enforcing Rights

268 Pages·2021·2.751 MB·English

by  Hayleigh Bosher

Copyright in the Music
Industry
Elgar Practical Guides
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A Practical Guide to Using International Human Rights and Criminal
Law Procedures
Connie de la Vega and Alen Mirza
Art Law and the Business of Art
Martin Wilson
Proceedings Before the European Patent Office
A Practical Guide to Success in Opposition and Appeal, Second Edition
Marcus O. Müller and Cees A.M. Mulder
The UN Human Rights Council
A Practical Anatomy
Eric Tistounet
Start-up Law
Edited by Alexandra Andhov
Copyright in the Music Industry
A Practical Guide to Exploiting and Enforcing Rights
Hayleigh Bosher
Copyright in the
Music Industry
A Practical Guide to Exploiting and
Enforcing Rights
HAYLEIGH BOSHER
Senior Lecturer in Intellectual Property Law, Brunel
University London, and Legal Consultant specialising in
Intellectual Property, Media and Entertainment Law, UK
Elgar Practical Guides
Cheltenham, UK • Northampton, MA, USA
© Hayleigh Bosher 2021
All rights reserved. No part of this publication may be reproduced, stored
in a retrieval system or transmitted in any form or by any means, electronic,
mechanical or photocopying, recording, or otherwise without the prior
permission of the publisher.
Published by
Edward Elgar Publishing Limited
The Lypiatts
15 Lansdown Road
Cheltenham
Glos GL50 2JA
UK
Edward Elgar Publishing, Inc.
William Pratt House
9 Dewey Court
Northampton
Massachusetts 01060
USA
A catalogue record for this book
is available from the British Library
Library of Congress Control Number: 2020952041
This book is available electronically in the
Law subject collection
http://dx.doi.org/10.4337/9781839101274
ISBN 978 1 83910 126 7 (cased)
ISBN 978 1 83910 128 1 (paperback)
ISBN 978 1 83910 127 4 (eBook)
2
0
This one’s for you,
Jonathan.

Content overview
Foreword I xv
David Martin
Foreword II xvii
Andrea Martin
Foreword III xviii
Scott Farrant
Preface xx
Acknowledgements xxii
Key terms xxiii
Copyright in the Music Industry playlist xxv
PART I MUSIC AND COPYRIGHT
1 Why copyright matters in music 3
2 What is copyright? 15
3 Copyright in a song 27
4 What copyright gives you 39
5 What copyright does not give you 53
PART II MANAGING MUSIC COPYRIGHT
6 Who owns the copyright? 67
7 Roles and relationships 77
8 Contracts 90
9 Licensing 102
vii
viii COPYRIGHT IN THE MUSIC INDUSTRY
10 Social media 111
PART III INFRINGEMENT
11 What is copyright infringement? 125
12 Who copied my song? 139
13 Inspiration or infringement 151
14 Sampling 157
15 Counterfeit goods 165
PART IV ENFORCEMENT
16 Starting a copyright infringement claim 175
17 Where to make a claim 183
18 Evidence and musicology reports 193
19 Remedies 200
20 Online enforcement 208
PART V LOOKING TO THE FUTURE
21 Artificial intelligence and music 215
22 Blockchain in the music industry 225
Index 230
Table of contents
Foreword I xv
David Martin
Foreword II xvii
Andrea Martin
Foreword III xviii
Scott Farrant
Preface xx
Acknowledgements xxii
Key terms xxiii
Copyright in the Music Industry playlist xxv
PART I MUSIC AND COPYRIGHT
1 Why copyright matters in music 3
1.1 Why copyright matters in music 3
1.2 Copyright is for creators 4
1.3 Copyright is how music makes money 6
1.4 It’s not just about the money 8
1.5 You do not need to be a lawyer 11
1.6 It can help your creativity and your business 11
1.7 It can help you avoid making mistakes 13
2 What is copyright? 15
2.1 What is copyright and what does it protect? 15
2.2 How is law made? 17
2.3 How does copyright work around the world? 18
2.4 Copyright protects original works 20
2.5 Copyright protects the expression of ideas 23
ix