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record, reproduce and distribute to the
public a copyrighted musical composition on
phonerecords (which includes audiotapes,
compact discs and any other material object
in which sounds are fixed, except those
accompanying motion pictures and other
audiovisual works). The licenses granted to
the user to exploit the mechanical rights are
called mechanical licenses.
The right to record a musical composition
in synchronization with the frames or
pictures in an audiovisual production, such
as a motion picture, television program,
television commercial or video production, is
called the synchronization (“synch”) right. A
synchronization license is required to permit
the music to be fixed in an audiovisual recording.
The grant of this license permits the producer
to incorporate a particular piece of music into
an audiovisual work. This license is traditionally
obtained by the television producer, through
direct negotiation with the composer and the
lyric writer or, more commonly, their publisher.
Apart from the license needed to be obtained
from a composer for the use of music in an
audio-visual recording, a separate “sync”
license needs to be secured from the owner
of the sound recording, which embodies or
contains the musical work.
The term master recording (or master for short)
refers to the originally produced recording
of sounds (on a tape or other storage media)
from which a record manufacturer or producer
makes CD’s or tapes, which it sells to the
public. Master recording rights or master use
rights are required to reproduce and distribute
a sound recording embodying the specific
performance of a musical composition by a
specific artist.
The use of musical works as mobile ringtones
has been a rapidly growing area of music use.
It has become a fun and hugely popular way to
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personalize your mobile phone. The popularity
of ringtones has proved to be more widespread
and enduring than many initially expected and
has placed this new form of music use at the
forefront of a predicted growth in ‘paid-for’
content for mobile devices. A ringtone is a file of
binary code sent to a mobile device via SMS or
WAP. The license for ringtones usually covers
the creation and delivery of both ‘monophonic’
and ‘polyphonic’ ringtones.
Nokia N8 by permission of Nokia
“Digital Rights Management” (DRM) tools and
systems (see page 25) play an important role in
online management of music sales to prevent
piracy. For example, Apple’s FairPlay technology
and Microsoft’s Windows Media build restraints
into digital music so that copyright holders are
compensated for sales, and so that making of
digital copies is curtailed.
How long do copyright and neighbouring
rights protections last?
In Nigeria, by statute, moral rights are perpetual.
Economic rights on the other hand only last for
a specific period of time depending on the work
and the author.
If several authors are involved (work of joint
authorship) then the term of protection is
calculated from the death of the last surviving
author. Once copyright protection over a work
has expired, it is considered to be in the “public
domain” (see page 44).
•
Literary, musical or artistic works
(other than photographs): copyright protection
lasts for seventy years after the end of the
year in which the author dies. If the author
is a government or coporate body, copyright
protection lasts for seventy years after the end
of the year in which the work was published.
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•
Cinematograph films and photographs:
copyright protection lasts for fifty years after
the end of the year in which the work was first
published.
•
Sound recordings: copyright protection
lasts for fifty years after the end of the year in
which the recording was made.
•
Broadcast: copyright protection lasts
for fifty years after the end of the year in which
the broadcast first took place.
•
Anonymous or pseudonymous literary,
musical or artistic works: copyright protection
will end seventy years after the end of the year
in which the work was first published. However,
when the author of the work becomes known,
the term of copyright shall be calculated the
normal way (as above).
The term of protection for neighbouring rights
depends on the work.
•
A performer’s right subsists from the
time of the performance to the end of a period
of fifty years calculated from the end of the
year in which the performance took place.
•
Because of the nature of folklore,
there is no limit to the period during which an
expression of folklore is protected.
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3. PROTECTING YOUR ORIGINAL
CREATIONS
What do you have to do to obtain
copyright or neighbouring rights
protection?
Copyright and neighbouring rights protection
is granted without any official procedure. A
work is automatically protected as soon as
it exists, without any special registration,
deposit, payment of fee or any other formal
requirement. However, the work must be fixed
on/in some material form or medium (see page
9.
Copyright Protection for Multimedia
Products
A “multimedia” product typically consists of
several types of works, often combined together
into a single fixed medium, such as computer
disk or CD-ROM. Examples of multimedia
products are video games, information kiosks
and interactive web pages. The elements that
can be combined into a multimedia product
include music, text, photographs, clip art,
graphics, software, and full motion video. Each
of these elements may be entitled to copyright
protection in its own right. In addition, the
compilation or consolidation of these works
- the multimedia product itself - may receive
copyright protection if this process results in a
product which is considered to be original.
How do you prove that you are the
owner of copyright?
A system of protection without formalities may
pose some difficulty when trying to enforce your
rights in case of a dispute. Indeed, if someone
claims that you have copied a work of his or
hers, then how do you prove that you were the
first creator? You can take some precautions
to create evidence that you authored the work
at a particular point in time. For example:
•
You may take advantage of the voluntary
Copyright Notification Scheme operated by
the Nigerian Copyright Commission. Doing so
provides evidence of the existence of a valid claim
to copyright protection. However, it must be
noted that neither registration nor notification
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