Legal Challenges of Intellectual Property in the Music Industry

The term intellectual property (IP) is an interesting one, although its meaning is often misrepresented and misunderstood across an array of different marketplaces and industries. In simple terms, IP represents a broad framework of rights in law that protect so-called 'creations of the mind'. In essence, this can cover anything produced by humans that is considered an artistic, cultural, or scientific creation with tangible value. One of the best examples is provided by music, which is subject to strong is unusually complex IP laws. Exploring these further, cnsider how performers are protected within this space.

Copyright and Types of IP

There are four primary types of intellectual property; namely patents, trademarks, registered designs, and copyright. Each has their own unique merit and relevance, with patents and registered designs typically exclusive to inventors, designers, and entrepreneurs who want to protect a particular commercial product or idea. The other two types of IP protection are arguably most relevant to musicians, particularly when you consider copyright. This protects artists' creative works and affords them the exclusive right to use their creations as they please while guaranteeing them royalties in instances where others are granted permission to use their music or individual songs. For artists and musicians that begin to earn success and strive to build a brand around their music, it may also be necessary to seek out trademark protection. Trademarks enable you to identify different businesses, helping to build a sense of loyalty and recognition between brands and their followers. The same principle applies in music, so certain bands and artists may choose to create and formally protect a trademark that helps to make them recognizable.

Copyright Protects Performers

The case of copyright covers three broad factors that will be of interest to bands and musicians. The first is described as 'works' which is a synonym for any artistic body of work such as a song. The second refers to territory (or territories) which is the place or places in the world where your copyrights can be legally enforced. The UK is a legally recognized territory, for example, as is Europe and North America. So artists need to ensure that their IP covers all the relevant jurisdictions when agreeing a deal in principle, otherwise their level of protection will be significantly diminished. Finally, there's the term 'moral right', which is included in copyright law and always remains with the author of the work even if they choose to sign their rights to somebody else at some point in the future. Of course, misunderstandings pertaining to the nature of IP protection and the territories that it covers can result in legal challenges or require you to take action against someone who is perceived to breach the IP terms. In this case, you may want to seek out expert legal advice from service providers who understand the challenges surrounding IP and international law. While this may require an upfront cost, it also helps you to prepare for legal action taken against yourself and may even prevent you from pursuing futile lawsuits that are doomed to end in failure.