COPYRIGHT: Because of new laws and cooperative ventures like the SDMI Music, film and all other entertainment features that will inevitably appear on the Internet will be more secure and will be protected in the U.S. by a complex body of laws. Copyright was known to have been first used in 1735 House of Lords records. The law in this instance is keeping pace with the technologies of tomorrow. With MP4, Flash and other better technologies, entertainment media are becoming more available, technical and international. Cooperative treaties are changing yearly and copyright and "sui generis" protection for databases is on the increase. Policing and enforcing rights in IP can be a budgetary necessity with billions of U.S. dollars to be made and this author believes it will be a multiple of that figure soon. Real Player. and MP3 were perhaps the first major players in the online entertainment arena. Sony., Microsoft.. Undoubtedly many strategic alliances will start up to handle and deliver entertainment on the World Wide Web. The SDMI (Secure Digital Music Initiative) has seemingly resolved the immediate issue of whether to have secure delivery of digital music; even the unknown MP3 artists of today who may not be in the mainstream as well as the "big 5" record companies want to sell their music and not give it away. What A World!
Copyright is a complex & fascinating body of law, constantly evolving to keep up with new technologies.
Background: Copyright started in English common law, to protect and promote writing and authorship. When 500 plus years ago the Gutenberg press was invented and propelled the world into a new era. The new hi tech of the day, made it suddenly possible for writings to be easily copied & mass distributed without author control. The right is to provide protection to the works of authorship, at first. Text thus has the longest copyright history.
Right in Art. 1 § 1 of U.S. Constitution 'to promote progress of science and useful arts by securing for limited times to authors and inventors exclusive rights to their respective writings and discoveries' but copyright and patent laws developed separately from there, and trademark law is again different. See articles on trademark basics
Music gets into the U.S. Copyright Act The first versions of the Act was written and enacted over 200 years ago. It recognized only "writings"for 100 years. One hundred years ago, with another innovation, the then new hi tech invention of piano rolls, in 1908 the U.S. Supreme Court held that there was no copyright protection for owners of music copyrights ("publishers") for mass copying of music by piano roll manufacturers. Why? Because these newfangled rolls could not be "read" by a person and interpreted as music. If it was not a "writing", it got no protection. Imagine; in 1908, music (Ragtime, classical, jazz, popular songs etc.) unless in the form of sheet music, was not protected by copyright. So, in response to this logical but incredible issue in 1909 MUSIC got into the Act: Congress saved the music industry by including machine or "mechanical" copying rights, also set up complex compulsory statutory licensing procedures to prevent absolute monopolies
Next update of Copyright Act-with MAJOR changes, did not go into effect until 1978 (so different terms & rules apply to works created before & after 1978. This is, barring changes made by the Digital Millennium Copyright Act and the Sonny Bono Term Extension Act. See articles on those acts.
Current Copyright protection extends to certain "original works of authorship, fixed in any tangible medium of expression, now or hereafter developed"--Protected works include, to name a few 1) literary works 2) musical works, incl accompanying words or lyrics 3) dramatic works 5) pictures, graphics, photography, sculpture 6) motion pictures & audiovisual works, and 7) only since 1972, sound recordings (but not "sound alike" recordings). ALSO, included are compilations of pre-existing works to the extent they constitute original work of authorship.
Overlay that with what rights are protected--Copyright protects a "bundle of rights", including: Exclusive rights to 1) copy, or reproduce a copyrighted work in copies or phonorecords, AND to 2) prepare Derivative works based on the copyrighted work, 3) to Distribute copies or records of the copyrighted work to the public, 4-5) for literary, musical, dramatic works & motion pictures, and some other works, but not including sound recordings, to Perform, and separately to display, the copyrighted work publicly. The glaring exception of sound recordings from the so-called Performance right, has been modified by Congress, again in deference to new technology, i.e. The Internet, by the Digital Performance Right in Sound Recordings Act of 1995, and again in the Digital Millennium Copyright Act of 1998, to include certain complex new rights & limitations on those rights, including statutory licensing provisions, which are still being worked out as you read this. Until 2001 these new laws will be in "rules making" and "hearings" status, and many will not be implemented except for special requests. There are aso Moral Rights in visual art artists, but this is a topic for its own article.
Significant also is the Sonny Bono Copyright Extension Act of 1998. As with the Digital Millennium Copyright Act, bringing U.S. law in compliance with International (World Intellectual Property Organization-WIPO) standards and treaties, extended term of post 1978 works generally to life plus 70 yrs and pre-1978 works still in renewal term, by 20 yrs as well; but with a trade off of limiting music performance licensing rights by exempting certain small businesses from licensing.
Next Part: What more is there to Music and Film Copyrights? How does this affect the Internet?
ALL ARTISTS AND PUBLISHERS, DISTRIBUTORS AND THOSE THEY EMPLOY DEPEND ON THEIR ROYLTIES FROM LEGITIMATE SALES. PIRACY and UNAUTHORIZED COPYING CANNOT BE TOLERATED.
The Bottom line is that there are many creative people who may be able now to distribute thier music and film creations by electronic transmission. The "traditional" and "big" companies who have been very good at doing this will continue to dominate (for now) this scene. The difference is that now BOTH those smaller artists who distribute through the many online entertainment sites not "affiliated" with the "big" studios AND the largest record companies that ever existed know that the artist needs to be paid. Whether it's $4.98 for an MP3 CD of an unknown atrist's works or a "Big Co." major artist release. This is true whether sales are in the 1,000's or the millions.
There are exceptions to this: See topic: Fair Use. This is a HOT debate and there WILL be reasonable copying for limited uses, territories and numbers availabe for little or no royalty.