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Music is an
integral part of the bar scene today, running the gamut from
techno to rhythm and blues. Every outlet seeks to create its own
sonic ambience. And therefore every responsible bar or club
proprietor needs at least an accurate working knowledge of the
laws of music licensing.
Why so? Firstly,
to avoid any legal liability. The business sector has experienced
recent house cleanings on account of unlicensed business software,
and this trend towards greater legal compliance has found it’s
counterpart in the entertainment industry too.
Secondly, it’s
clearly ethical to observe the legal laws surrounding music
licensing and copyrights. So what follows is a musical licensing
101.
The most
important thing to remember about music copyright is that there
are two distinct copyrights in a recording. The first is the
copyright as to the composition. This is analogous to an author
writing a book, and includes the lyrics, melody and other
compositional aspects of the song. The second copyright is the
recording of the song, that is the actual sound that comes off of
a CD, record, or MP3. This is a separate work of creative
expression, and therefore gets its own copyright.
The problem
facing the entire music industry, however, is that the
freewheeling nature of the internet, combined with compressed
digital audio formats like MP3 that can be easily copied, has led
to an epidemic of copyright infringement affecting both music,
lyrics and sound recording.
Despite the
changing landscape of the music industry, digital music on
computers and the internet is neverthess protected by the same
laws that protect music on records, tapes and CDs, along with
several laws that focus specifically on digital music.
Copyright law
establishes rights for both copyright holders and for purchasers
of copyrighted works. A business has different legal requirements
to comply with compared to a customer.
When a song or
piece of music is written, the person who wrote it owns the
copyright and therefore has the right to decide how and when it
should be played. Music is released, allowing individuals to
purchase a song which they can play at home. However, if an
individual then wishes to play that song to a wider group of
people (for example in their business premises), it is classed as
a “public performance”.
If you want
to make a “public performance” you must first seek permission from
the copyright owner of that song before you do so. This permission
is known as licence.
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