The following paper explores the nature of copyright and publishing as it exploits music to its fullest financial potential. The paper looks at a brief history of publishing and rights, exploring the various technological advances and solutions to problems that were a result.
Music began its long relationship with copyrights through the Berne Convention 1886 which established that the moral right of ownership of a property had an effect on the reproduction of a property. This was extended to film through referring to it as a series of pictures in 1911 and in the Copyright Act of 1956 and then in the UK Performers; Protection Acts 1958-1972 began to solve the problems associated with copying protected intellectual property. The Americans would not sign on to the Berne Convention 1886. However, copyright is established as a right under the Constitution which supports a general belief in the concept of ownership. All subsequent American laws are developed from this foundation of law in their Constitution. Emerging sources of income in the early 20th century in the music industry were defined by performance, mechanical, and synchronized income. Performance income is based upon the revenue that is earned through users who create a public performance of the work that generates benefit. Performance rights are managed through entities that hold and can allow a performance to be licensed for a fee. Mechanical income comes from users who are reproducing a piece of music through technology of some kind. When other types of media utilize a song, then synchronization income is generated (Gammons 2010: 50). The MCPS (Mechanical Copyright Protection Society) takes on the role of responsibility to administer licensed music. Through the use of a blanket license, the user is permitted use through a variety of forms of mechanical reproduction (Parker 2004: 78). The development of technologies in the 1960s created even more ways in which synchronization could be used to create multiple levels of income. While the film industry had become a well tapped resource for income as music was used liberally in movies, the television industry as it became more and more of a staple offered the music industry a ...
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Ironically, one of the intellectual creations of Sir Tim Berners-Lee while working at CERN challenged the very grounds upon which the intellectual property law now stands. The creation of World Wide Web gave way to the creation of Internet that not only figuratively but literally changed the way intellectual property can be copied, exploited, commercially used, misrepresented, stolen, misappropriated and infringed.
Therefore, since people who download music over the Internet are taking licensed property without paying for it, it is stealing. Some people might not see it a stealing, as it is taking something that is relatively intangible, as opposed to actually taking a piece of solid property from the rightful owner, but it is stealing, nonetheless because it is taking something of value without paying for it.
Due to this diverse cultures that is found in Eastern Europe, there are situations that some of the cultures are not in agreement. In some instances the mixed culture from the various religions can be a hindrance as some individuals may have different perception of music.
Innovations may come as products, ideas or concepts that may be unique in its current state of affairs and never tested for applicability. This brings us to a situation whereby the innovator may try to protect his invention so as to benefit from its uniqueness.
It is obvious that it is governed by laws in the United Kingdom as related to trade mark, copy rights and domain name registrations. The growth of knowledge economy has led to increased usage and abusage of the rights of individuals and organizations towards protection of their patented works.
For example, if a company like Google develops a new software and it does not obtain a patent for it, other companies may exploit Google by selling the software and profiting from it. In this case, Google will lose