Date of first publication: January 6, 2010
Potential intellectual property usually goes unnoticed by the tape itself, and the impact of it is usually only realized when it is infringed. Therefore, the protection of various intellectual properties becomes the epitome of the development and income generation of the band.
Some of the basic types of intellectual property that must be protected by a group that will be covered in this article include:
A. Trademarks; and
The first intellectual property of a Group arises with the name of the Group. The name of a band is very important because people will associate the quality of the music created with the name of the band. In other words, the quality of the music is associated with the name under which it is created. Protecting the name under what is called a “trademark” allows the group to protect its rights with respect to the group name and the quality or goodwill associated with it. It also helps the band to prevent others from using the same or similar name for their band, music releases, performances, etc.
In order to protect their name rights, a music group must apply for trademark registration. Although trademark rights can be acquired even without registration, these rights are initially weak and difficult to enforce. A trademark can take the form of a âwordâ, an âimageâ or a âlogoâ. A trademark can be registered with the Registrar of Trademarks, which is currently located in Chennai, Mumbai, New Delhi, Kolkata and Ahmadabad. The registration request can be submitted online. For more details on trademark registration, please visit www.patentoffice.nic.in
The main intellectual property of a group is its music. It includes musical compositions, lyrics, notations, sound recordings, videos, works of art, etc. Such works of a group may be protected by copyright law. Protection under copyright law allows the group to prevent others from copying, distributing, publicly performing, or modifying music or other works without the permission of the group. Copyright protection lasts for the lifetime of the author (Creator) plus 60 years in the case of a musical work and 60 years from the date of publication in the case of videos and sound recordings.
A copyright is easy to register and the same can be registered by the author himself. There are 2 possible mechanisms for recording copyright. The author can either send the hard copy of the application to the copyright office or file the application online at the copyright office website. You can visit http://copyright.gov.in/ for more information. The fees for registering a copyright are very minimal and the fee schedule is provided at http://copyright.gov.in/frmFeeDetailsShow.aspx.
By registering copyright, a group can protect both economic and moral rights in the work. Economic rights are the right to exploit the work protected by copyright. These rights include the right to copy, distribute, reproduce, modify and publicly perform the work. These rights are exclusive rights that only the group that owns the copyright can exercise over the work. The group can prevent any other person from exercising their rights without authorization. For example, if a group is composing music, a person who wants to play the music must take permission from the group. The group can charge for giving such permission and gain commercially. If a person plays a song without permission, the band can hold that person liable for copyright infringement.
Moral rights protect non-commercial rights and interest in the work. These rights include the right to authorship and to the integrity of the work. For example, a group “X” composes music and allows another group “Y” to perform the music publicly, group “Y” cannot declare that it is their music and must assign the music. music to group Y. It should be noted here that the transfer of economic and moral rights and related conditions can be agreed by the parties through a license agreement.
Copyright protection will come into effect as soon as a work is created and registration is not required to acquire copyright protection. However, registering a copyright allows a copyright owner to easily enforce their rights in court, unlike an unregistered copyright owner.
A band must incorporate a copyright notice stating that they own the copyright in their music whenever it is distributed or made available to anyone in any way. Such notice will play an important role in helping the band inform others that they claim copyright in their music and enforce their copyright.
A simple copyright notice is provided below:
Copyright, xxx (Group name), xxx (Year of creation) – Copyright, Pitch Black Symphony, 2010. The sample notice provided indicates that the Pitch Black Symphony group is the copyright owner of the work and the work. was established in 2010.
Notices can be provided on the envelope (packaging) containing the Music CD / DVD / Cassette, lyrics, on websites from which music or lyrics can be downloaded, advertisement for the music, as an advertisement before the live concerts, etc.
If a music group makes music available on the Internet for download, it is important to include appropriate notices on the website indicating the conditions under which the music is made available.
Third Party Copyrights
A band should take the necessary steps to avoid using music protected by copyright or third parties. Such third party music should only be used after obtaining the appropriate permission or license from the third party. Sometimes music is available on the Internet without any conditions. In such a case, the band should avoid using this music for any purpose. If the music is available under a license such as a Creative Commons license, etc., the band must take appropriate steps to comply with the terms of that license. Copying music is counterfeit and can be very expensive for a band. The band should take appropriate legal advice before using any third party music or material.