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DRAGONSOUND RECORDING STUDIO MAKATI PHILIPPINES
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Practical Advice
How to protect your song
FILSCAP
Filipino Society Of Composers, Authors And Publishers
Copyright
Copyright is the exclusive right of a creator of an artistic or literary work to prevent or authorize the reproduction, modification/adaptation, first public distribution, rental, public display, public performance and communication to the public of his work. Ordinarily, the authorization is given through the issuance of a license wherein the copyright owner may require the payment of license fees or royalties for the use of the work.
Types of Rights:
1. Reproduction Right - the right to allow or prevent the copying or recording of the work; in the music industry, reproduction right is classified as follows:
a. Print Reproduction Rights – the right to reproduce a musical work in printed format b. Mechanical Rights – the right to make an audio recording of a musical work in phonogram (e.g., tape, compact disc or DVD) or digital format c. Synchronization Rights – to right to record a musical work in timed-relation or synchronization with visual images (e.g., recording music as part of a movie, TV show or commercial) in phonogram (e.g., tape, compact disc or DVD) or digital format
2. Modification/Adaptation Right - to right to allow or prevent the translation, adaptation, abridgement, new arrangement and any another modification of the work
3. First Public Distribution Right - the right to allow or prevent the first public distribution of the work
4. Rental Right - the right to allow or prevent the commercial rental of the work
5. Public Display Right- the right to allow or prevent the public display of the work
6. Public Performance Right - the right to allow or prevent the playing, performance, transmission and broadcast of the work to the public
7. Communication to the Public Right – the right to allow or prevent the making available of the work to the public such that the public may access them from a place and at the time chosen by them
Copyright Societies
Copyright societies have been established in different countries to effectively and efficiently manage and enforce the rights of copyright owners. Without copyrights societies, it would be very difficult and expensive for copyright owners to enforce their rights on their own not only in their country but in other countries as well.
For instance, a music creator authorizing the public performance of his works would have to locate, monitor and license every public performance of his work worldwide. Music users on the other hand, would have to deal with several copyright owners in different locations if there were no collective bodies licensing local and foreign works.
What is the duration of copyright?
The lifetime of the creator plus 50 years.
What is meant by “public performance”?
It refers to the playing, singing or performance of a copyrighted work either directly or through any device or process. In the case of audiovisual works, it is the showing of the images in sequence and the making of the accompanying sound audible to the public. In the case of a sound recording, it is the making of the recorded sound audible at places where persons outside the normal circle of a family and that family’s closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and at the same time, or at different places and/or at different times.
What is meant by “communication to the public”?
It refers to the making of a work available to the public by wire or wireless means in such a way that members of the public may access the work from a place and at a time chosen by them.
What is considered as “private performance”?
A performance is considered private if the audience is limited only to family members and the close social acquaintances of that family. Prior authorization will however be required if the performance is not free of charge.
Can copyright be assigned or transferred?
Yes. The copy or economic rights may be assigned or transferred collectively or separately either perpetually or for only a limited period of time. Accordingly, there may be several copyright owners over a particular work.
The law requires the assignment to be in writing if it is made or done during the lifetime of the copyright owner.
Is the prior authorization of the copyright owner necessary for all public performances of his copyrighted work?
No.
The Intellectual Property Code provides exceptions to the rule that prior authorization of the copyright owner is necessary to public perform a copyrighted work.
They are as follows:
1. If made strictly for a charitable institution.
2. If made strictly for a religious institution.
3. If made as part of reports of current events.
4. If made by mass media for information purposes.
5. If made by way of illustration for information purposes provided it is compatible with fair use.
6. If made by, or under the control or direction of the Government, National Library, or by educational, scientific or professional institutions if such use is in the public interest and is compatible with fair use.
7. If done by a club or institution for charitable or educational purpose only whose aim is not profit-making in a place where no admission fee is charged for the public performance.
8. If made for the purpose of any judicial proceeding or for the purpose of giving professional advice by a legal practitioner.
Filipino Society Of Composers, Authors And Publishers
Copyright
Copyright is the exclusive right of a creator of an artistic or literary work to prevent or authorize the reproduction, modification/adaptation, first public distribution, rental, public display, public performance and communication to the public of his work. Ordinarily, the authorization is given through the issuance of a license wherein the copyright owner may require the payment of license fees or royalties for the use of the work.
Types of Rights:
1. Reproduction Right - the right to allow or prevent the copying or recording of the work; in the music industry, reproduction right is classified as follows:
a. Print Reproduction Rights – the right to reproduce a musical work in printed format b. Mechanical Rights – the right to make an audio recording of a musical work in phonogram (e.g., tape, compact disc or DVD) or digital format c. Synchronization Rights – to right to record a musical work in timed-relation or synchronization with visual images (e.g., recording music as part of a movie, TV show or commercial) in phonogram (e.g., tape, compact disc or DVD) or digital format
2. Modification/Adaptation Right - to right to allow or prevent the translation, adaptation, abridgement, new arrangement and any another modification of the work
3. First Public Distribution Right - the right to allow or prevent the first public distribution of the work
4. Rental Right - the right to allow or prevent the commercial rental of the work
5. Public Display Right- the right to allow or prevent the public display of the work
6. Public Performance Right - the right to allow or prevent the playing, performance, transmission and broadcast of the work to the public
7. Communication to the Public Right – the right to allow or prevent the making available of the work to the public such that the public may access them from a place and at the time chosen by them
Copyright Societies
Copyright societies have been established in different countries to effectively and efficiently manage and enforce the rights of copyright owners. Without copyrights societies, it would be very difficult and expensive for copyright owners to enforce their rights on their own not only in their country but in other countries as well.
For instance, a music creator authorizing the public performance of his works would have to locate, monitor and license every public performance of his work worldwide. Music users on the other hand, would have to deal with several copyright owners in different locations if there were no collective bodies licensing local and foreign works.
What is the duration of copyright?
The lifetime of the creator plus 50 years.
What is meant by “public performance”?
It refers to the playing, singing or performance of a copyrighted work either directly or through any device or process. In the case of audiovisual works, it is the showing of the images in sequence and the making of the accompanying sound audible to the public. In the case of a sound recording, it is the making of the recorded sound audible at places where persons outside the normal circle of a family and that family’s closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and at the same time, or at different places and/or at different times.
What is meant by “communication to the public”?
It refers to the making of a work available to the public by wire or wireless means in such a way that members of the public may access the work from a place and at a time chosen by them.
What is considered as “private performance”?
A performance is considered private if the audience is limited only to family members and the close social acquaintances of that family. Prior authorization will however be required if the performance is not free of charge.
Can copyright be assigned or transferred?
Yes. The copy or economic rights may be assigned or transferred collectively or separately either perpetually or for only a limited period of time. Accordingly, there may be several copyright owners over a particular work.
The law requires the assignment to be in writing if it is made or done during the lifetime of the copyright owner.
Is the prior authorization of the copyright owner necessary for all public performances of his copyrighted work?
No.
The Intellectual Property Code provides exceptions to the rule that prior authorization of the copyright owner is necessary to public perform a copyrighted work.
They are as follows:
1. If made strictly for a charitable institution.
2. If made strictly for a religious institution.
3. If made as part of reports of current events.
4. If made by mass media for information purposes.
5. If made by way of illustration for information purposes provided it is compatible with fair use.
6. If made by, or under the control or direction of the Government, National Library, or by educational, scientific or professional institutions if such use is in the public interest and is compatible with fair use.
7. If done by a club or institution for charitable or educational purpose only whose aim is not profit-making in a place where no admission fee is charged for the public performance.
8. If made for the purpose of any judicial proceeding or for the purpose of giving professional advice by a legal practitioner.
For more information please contact FILSCAP
Filipino Society Of Composers, Authors And Publishers http://www.filscap.com.ph/ FILIPINO SOCIETY OF COMPOSERS, AUTHORS, AND PUBLISHERS, INC. 140 Scout Rallos St. Brgy. Sacred Heart Quezon City, Philippines Tel Nos. (632) 415-6277 (632) 413-0113 (632) 415-6284 (632) 415-5536 (632) 927-5986 (632) 929-4658 Fax. No. (632) 441-0181 Monday thru Friday. 9:00 am – 6:00 pm. General Inquiries: [email protected] Licensing Inquiries: [email protected] Membership Inquiries: [email protected] |
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DRAGONSOUND RECORDING STUDIO • Makati CBD, Metro Manila, Philippines