Music law
In a broader sense, the term music law, as an objective law, includes all norms that deal with music . This is a cross-sectional matter that is part of media law . In a narrower sense, the term only describes that part of copyright law that is applicable to music. “ Music rights ” are the subjective copyrights to a piece of music.
copyright
Copyright protection of music
Musical work
A musical composition can be protected by copyright as a so-called musical work . Internationally, this is regulated in Article 2, Paragraph 1 of the Revised Bern Convention (RBÜ), which obliges all contracting states to protect “musical compositions with or without text” and “dramatic-musical works”.
Also, improvisation is a copyrightable musical work. According to Art. 2 Para. 3 RBÜ, “ musical arrangements ” are also independently protectable as arrangements .
The authors are the composer and other people involved in the work, such as the arranger and the orchestrator .
In the case of musical works, copyright protection includes, in addition to the right to reproduce sheet music, in particular the right to perform and broadcast , regulated internationally in Article 11, Paragraph 1, No. 1 and No. 2 RBÜ.
A song text can be protected separately as a language work .
Ancillary copyrights
Music can also be protected by ancillary copyrights, namely a musical performance of a (third-party) musical work by the rights of the performing artist , a music event by the rights of the organizer , a music recording by the rights of the sound carrier manufacturer and a music broadcast by the rights of the broadcasting company .
Barriers
The copyright to music finds its limits, among other things, in the permitted free use and in music quotations . In some legal systems, however, the so-called melody protection must be observed.
Copyright contract law
Music copyright can be transferred to third parties. In particular, music publishers deal with licenses to musical works that include the reproduction of sheet music as the "main right" and the "subsidiary rights" (performance right , right to make publicly available , right to mechanical reproduction on sound carriers, right to synchronize audiovisual media). The best known example of such a license is the record deal . The counterpart to the classical music license is free music .
Collecting societies
The copyright to music is essentially managed by collecting societies , in Germany by the Society for Musical Performance and Mechanical Reproduction Rights (GEMA) and by the Society for the Exploitation of Ancillary Rights (GVL).
Trademark law
Music can also be protected as a sound mark . The title of a musical work is subject to music title protection .
Labor and social law
In many countries there are special collective agreements for musicians, for example the German collective agreement for musicians in cultural orchestras . In addition, there are special features under social law such as the artists' social fund in Germany.
Country reports
Individual evidence
- Jump up ↑ Jazz Has Got Copyright Law and That Ain't Good . In: Harvard Law Review . tape 118 , no. 6 , April 2005, p. 1940-1961 , JSTOR : 4093288 .
- ↑ Christian Baierle: What does a music publisher do? In: dmv-online.com. German Association of Music Publishers , accessed on April 22, 2017 .
literature
- Gunnar Berndorff, Barbara Berndorff, Knut Eigler: Music law. The most common questions in the music business. 7th edition. PPVMedien, Bergkirchen 2013, ISBN 978-3-95512-021-4 .
- Hans-Jürgen Homann: Practical Guide to Music Law. A guide for music and media professionals. Springer, Berlin a. a. 2007, ISBN 978-3-540-29778-9 .
- Ralf Kitzberger: Music Law. Musikmarkt, Munich 2009, ISBN 978-3-9811024-7-5 .
- Christopher Mueller: Music Law. CH Beck, Munich 2011, ISBN 978-3-406-61303-6 .
- Alexander Unverzagt, Herbert Koch (Ed.): Dictionary of the music industry. 1,000 technical terms from music, business and law. Musikmarkt, Munich 2006, ISBN 3-9809540-6-4 .