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11 November 2022 / David Langwallner
Issue: 8002 / Categories: Features , Intellectual property , Media
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Copyright conundrums: Lost in the music

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What exactly is ‘music’ for copyright purposes? David Langwallner looks beyond the lyrics & settles the score

Musical copyright is an enigma, and as a term is something of an omnibus. Lyrics are protected via literary copyright, the musical score is protected by musical copyright, and any accompanying actions or performance can be governed by dramatic copyright. And then there is sound copyright. 

Of course, the copyrights can be bundled in ownership terms. Thus, in principle, a musical composition refers mostly to work of music as musical scores, often with accompanying lyrics, and it can be expressed in written form or in form of sound recordings.

However, the copyright for the sound recordings and for the musical score are totally distinct from each other. Sound recordings are the result of compilation of musical, spoken and other sounds in the form of a master recording. And that often leads to multiple stakeholders and different copyrights—but not always.

Jagger may have written the lyrics and Richards the music, but all copyrights, lyrics,

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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