Today is World Intellectual Property (IP) Day; a day where we celebrate the role and importance of intellectual property in law and in society. It is organised by the World Intellectual Property Office (WIPO) and the topic this year is music. Music is a universal form of creative expression and IP rights play a pivotal role in supporting a vibrant and diverse music landscape that continues to bring music into our lives.
What is IP?
IP refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. IP is protected in law by, for example, copyrights, designs, and trademarks. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Intellectual property fosters the presence of music beyond its own realm. From film, entertainment, and technology, to fashion, video games, and consumer goods, IP rights empower cross-industry connections with music, enabling creative synergies and innovation across sectors that fuel economic growth.
How is music protected?
The most common way to protect music is through the law of copyright. There is no official register of copyright in the UK; protection arises automatically, so this IP right differs from trade marks and designs.
Copyright does not protect a mere idea, but it does protect an original idea that is captured in some recorded form. Copyright of a musical work begins automatically once a piece of music is created and documented or recorded. In summary:
- The music is protected as musical works under the Copyright, Designs and Patents Act 1988 (CDPA); and
- Where there are lyrics, the lyrics are protected as lyrical works under the CDPA.
What is the purpose of IP protection?
The law protects and rewards creative individuals and bodies by granting them exclusive rights to control how their rights can be used. These rights can be licensed and sold to generate revenue. Copyright acts as an incentive to continue to create new work; you become the only person with the right to use or reproduce it.
By safeguarding IP rights, fair compensation is supported for those who craft music, encouraging continued creativity and innovation to inspire everyone, everywhere.
WIPO
As the specialised United Nations agency for innovation and creativity, WIPO has a unique role to play in supporting the growth of creativity and innovation in the music creation landscape. WIPO is working with its member states and partners to create a legal and policy environment in which inventors, creators, and entrepreneurs can thrive.
Tozers’ top tips for copyright
- Copyright is often overlooked. It is a property right which means you should reframe how you think about it. You wouldn’t want somebody taking your car or using your home without your consent so why let somebody do that with your music or lyrics?
- Take time to understand the ownership of the copyright. We frequently act for individuals who have collaborated with other individuals and, when the relationship breaks down or one party walks away, there is an argument about the ownership and exploitation of the copyright. The best way to avoid costly and time consuming legal disputes is to enter into a written agreement as early as possible and before the creative process starts.
- Train employees, especially those in your Marketing or Communications teams, about copyright awareness.
- Seek advice on what is protected by copyright! Before posting content online, you should be confident that it does not infringe someone else’s work.
- Ensure to document your copyright. Signed and dated work is paramount.
- If sharing your copyright, consider seeking expert legal advice about the drafting of a bespoke non-disclosure agreement (NDA) before disclosing it to another party.
- Where you are transferring ownership of IP rights seek expert advice about an assignment of IP rights. An agreement will not transfer the rights unless it is a valid copyright assignment.
Why should I choose Tozers to help with IP?
On World IP Day, we celebrate the contributions of creators, inventors, and entrepreneurs who are pushing the boundaries of innovation and creativity to make music that brings people together, incites powerful emotions, drives change, and inspires a more innovative future.
Whether you require assistance with the identification and protection of your IP rights, the exploitation of those rights, or litigation to enforce or defend your position, our expert IP Team can assist and maximise the IP protection available to you.
As a top firm for client satisfaction, we have built a reputation as good listeners who can help break down complex legal jargon into words you can understand and are experts at advising on your individual situation.
