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Paul Grant's Copyright Definition

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Can you own music? Well, I have seen conflicting evidence from both sides, but for the most part yes. I say yes because I have seen someone get one of the most iconic songs in history because the opening to a song is kind of similar to part of the song. The leniency of the music industry’s copyright rules has a negative effect on the industry’s artists.
Why is copyright an important thing? Copyright is an important thing because it protects anyone’s work from anyone else from taking their property. “Copyright and the Public Domain” states that “Lyrics, melody and musical Arrangement of notes that define a song or Musical composition.” (Copyright and the Public Domain, 1) Translation: sheet music free of copyright “Copyright and the Public …show more content…

The industries copyright rules are very lenient. The author “Paul Grant” States that “At one time it was easy for the music industry and artists to keep control of their intellectual property (IP)” (Paul Grant, 1) now is n ot that time. The author “Paul Grant” States that “As technology has progressed, legal questions have been raised to how to enforce copyright law” (Paul Grant, 1) this can be quite problematic as technology is progressing as fast as it is. The author “Paul Grant” States that “Napster basically allows anyone who logs onto the service to open a part of their hard drive to the public in order to share their collection of MP3 files.” (Paul Grant, 1) So Napster is kind of like a broken bank they are not breaking the law but the people that are using it are. Many people are affected by …show more content…

Just about anyone that wants to play music in public. The article “Music and Copyright” states that “One of the common issues that come up in music and copyright is whether permission or a license is needed to play music. Starting with the most private and simple of circumstances, you don’t need a license to play music in your home for your personal enjoyment." (“Music and Copyright” 1) and they’re professionals. The article “Music and Copyright” states that “The right to perform or play a song in public is one of the exclusive rights of the copyright holder. You will need to get permission or a license if you play music in public unless the music is in the ‘Public Domain’ or the use of the music qualifies as fair use.” (“Music and Copyright” 1) Many have unintentionally broken this law The article “Music and Copyright” states that “you cannot reproduce the music or lyrics you cannot distribute the music or lyrics either for free, for no profit, or for profit you cannot perform the music or lyrics in public you cannot play a recording of the music or lyrics in public--even if you own the CD you cannot make a derivative work or arrangement for public use in any form” (“Copyright and the Public domain”) These rules as relatively unknown as they are, are very important. Leniency in the industry is a very bad

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In Walter Olson’s “How Copyright Law Makes Sample-Based Music Impossibly Expensive... If You Want To Do It Legally”, Olson reports that there is an increasing number of copyrights out now, and artists must make sure their song is clear of copyrights to publish it. If it is not, they have to pay an expensive sample clearance fee. Olson asserted that ”Capitol records would lose 20 million dollars on a record that sold 2.5 million units”(3).In other words, it is nearly impossible to find all copyrights, and make a profit off the artwork after paying for copyright clearance fees. Artists should not have to pay expensive copyright clearance

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Arguments, favors and oppositions Since Napster emerged, music sales in the U.S. have dropped 47 percent(RIAA,n.d.). However, Napster or any other music piracy is not to blame. In fact, music industry in 1980s and 90s was over-inflated(Swanson,2013). Artists receive a percentage of the music sales, and it is mostly between 12 and 14%(if you are a superstar, it can be 20%), after the deductions the retailer, the record company and the songwriter.

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If an artist wants to cover the song because it speaks to them in every way, shape or form, and they truly believe it is perfect the way it is, then they should have the moral capacity to realize that the credit and payment belongs to the original songwriter. This is shown in the example of the band Shinedown covering Lynyrd Skynyrd’s song “Simple Man.” This cover was essentially played in the same manner as the original, yet with different vocals. In an MTV interview, lead singer of Shinedown, Brent Smith, expresses how much meaning this song possesses and states, “From the first moment I heard it, I thought it would be good to do as a rendition. I felt like we do the song justice, and it represents us as a band and what we’re about” (“Shinedown...”).

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After a song has been written, released, and enjoyed by the masses, songwriters receive compensation for their work through their Performing Rights Organizations (“PROs”).  PROs negotiate license agreements for the use of songs, collect any royalties the songs generate, and distribute those royalties back to the songwriters. Today there are three major PROs: the American Society of Composers and Music Publishers (“ASCAP”), Broadcast Music, Inc. (“BMI”) and SESAC, Inc. (“SESAC”). Currently, ASCAP, BMI and SESAC license practically every copyrighted musical work in the United States. In 1941, the Department of Justice (“DOJ”) began investigating ASCAP and BMI for allegedly monopolizing “…the market for performance rights for copyrighted songs played on the radio.”

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In the age of the Internet, it is impossible to place the same values on intellectual property as have been in the past. The way the Internet has grown and expanded, the laws policing it have not. Obsolete laws assumed that the material to be copyrighted was mostly in print form. At the time they were written, it was extremely difficult to cover recorded music or film. Now in an age where mass amount of data can be downloaded and manipulated, it simply isn’t

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