A copyright is a legal device that allows the producer of artistic or some creative work the exclusive right to either publish or even sell that work (Stim, 5). Copyrights are meant to protect the expression of ideas. Copyright infringement touches on any breach of the exclusive rights of the copyrights owner. Composing a song that is in one way or another similar that you have heard or seen somewhere and presenting it as your original piece of work is considered as plagiarism that is regarded as copyright infringement.
There are so many stories of music copyright infringement that regularly appear in the media and even other publication. Some of the disputes go to trial while a few of these cases generate published judicial opinions. The federal courts have however filed over hundred opinions dealing with these cases, which for over the past twenty years have been on the rise.
According to music, the law to prove that someone has infringed your copyright there is the need first to show that you are the owner of the copyright (Moser et al, 15). It is also necessary to have the proof that the infringer had access to your song. After the access is established, then the next step is to prove the substantial similarity between the infringer’s songs to your song. Music copyright infringement is serious to the extent that even a copied drum beat can be infringement if there is substantial prove of similarity.
Based on the three cases presented in the paper I would say that copyright primarily gives the protection that the artist need for their creative work. Registering with the copyright comes along with a lot of remedies to the artist. First is the entitlement to the injunction. The injunction is a court order which prohibits the infringer any more copies of the infringed work (Moser et al, 55). The next most important remedy is the actual damages. Actual damages refer to the harm suffered as a result of the infringement. To receive the damages, there must prove that value of the song has been reduced by the introduction of the infringed version. Moreover, there is the other aspect of the award of the profits. One is entitled to the profits that the infringer made off your song. In case, the infringer has made a lot of money, one has the right to the portion that is attributable to the creation of the song.
Our first case depicts Adele, a British actress who was being accused of copying a song that was done by a late Kurdish artist. I would term this as copyright infringement because Adele’s “Million Years Ago” track number nine contains some resemblance to a tune that was done by Ahmet Kaya that is “Acilara Tutubmak” which was recorded back in 1985. The release of the song has created a lot of controversies in the social media. The British pop star is accused of stealing the tune from the Kurdish artist. However in as much as in causes a stir in the social media Adele’s album sold millions of copies which smashed a selling record.
The second case depicts a documentary filmmaker making a movie about the song about the happy birthday. This takes me back to the second remedy of having a copyright. At first, Warner Music claimed the ownership of the Happy Birthday copyright. The Good Morning To You Production Corporation that Happy Birthday has been in the public domain for everyone for a period no later than 1922 later conclusively discovered it. This was according to the reports of court documents. This brings the issue of awards Warner Music wanted the filmmaker to pay $1500 USD for the rights to play the iconic tune in the movie yet it did not have a valid song’s copyright.
Our third case brings us to the remedy of actual damages and profits. In the blurred lines case, the jury finds Pharrell William and Robin Thicke guilty of plagiarizing Marvin Gaye piece. In 2013 Blurred Lines was the biggest hit song and sources showed that both Robin Thicke and Pharrell William earned each more than $7 million from the song. The jury, in this case, Awarded Gaye’s children $7.4 million after finding evidence of singers Pharrell William and Robin Thicke copying their father’s song, which for the creation of the blurred lines which became a hit song in 2013. Being in possession of the copyright allowed Gaye’s children to benefit from the infringement of their father artistic works.
Such action for the availability of the music copyright has a chilling effect on another musician who tries to emulate other artist sounds or lines. The essence of music is just like that of any other find everybody should work for their success without taking advantage of other people’s efforts.
Copyright infringement is a worldwide this is because some of the upcoming artists are ripped off their hard-earned materials especially in the developing and the undeveloped countries. Nevertheless, my device to every artist is that for him or her to acquire the copyright the moment they put their songs on the tape or in the form of writing on paper. Being in possession of a copyright is associated with significant legal consequences and serves many functions. Lack of copyright means that a particular piece of literary or artistic work is in the public domain (Stim, 34). However, the presence of a copyright warns users that the work is copyright. It also identifies the date and the year the work was published or recorded.
