Intellectual Property Rights in Media Applications Essay

Intellectual Property Rights in Media Applications - Essay ExampleA dramatic swear out includes a work of dance or mime while a tuneful work means a work consisting of music, exclusive of any words or bring through intended to be sung, spoken or performed with the music. Section 5(1) of the Act provides that live recording means - (a) a recording of sounds, from which the sounds may be reproduced, or (b) a recording of the whole or any part of a literary, dramatic or melodious work, from which sounds reproducing the work or part may be produced, unheeding of the medium on which the recording is made or the method by which the sounds are reproduced or produced. In the given up problem, procure subsists in the lyrics of the song Harlequin, the musical composition (musical notes) of the same song, and the sound recording of the song. Copyright protection therefore subsists on the foregoing works such that any infringement thereof gives the right of first publication owner or au thor of the works a claim or cause of action against the Guys.Under Section 9 of the Act, the author means the someone who creates the work and in case of a sound recording, that person (the author) shall be taken to be the person by whom the arrangements necessary for the making of the recording or film are undertaken. Thus, in the case of the lyrics of the song Harlequin, the writer of the song is the author of the literary work while the composer is the author of the musical work. In the given problem, therefore, Jones is the author of the lyrics of Harlequin as a literary work while at the same time he, as composer of the song, is also the author of the musical work. The author of the sound recording of the song on the other hand is Arcadia, Jones music publishing company. Parenthetically, if the Guys does not have a license from Arcadia to use the sound recording, then the Guys may also be liable for copyright infringement of Arcadias sound recording. Nevertheless, Jones will therefore be advised that as copyright owner of both the lyrics and musical composition of the song, being the sole author of the said lyrics and musical composition, he may have a cause of action against the Guys for infringement of his copyright oer in the literary and/or musical work. As copyright owner, I will advise Jones that under Section 16 of the Act, the owner of the copyright in a work has the exclusive right to do the following acts in the United Kingdom - (a) to copy the work (b) to issue copies of the work to the public (c) to perform, manifest or play the work in public (d) to broadcast the work or include it in a cable programme service and (e) to repair an adaptation of the work or do any of the above in relation to an adaptation. Those acts are the acts restricted by the copyright. Furthermore, under the same Section, copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts res tricted by the copyright in relation to the work as a whole or any substantial part of it either directly or indirectly. In view of the foregoing provisions, I will advise Jones that the Guys will only be guilty of copyright infringement if the 6-second music sample from Joness Harlequin used by