Copyright is crucial, particularly in the creative industries. However, many musicians are uncertain about what copyright entails, who owns the copyright in recorded music, and how it affects them as artists. The music industry is facing new challenges, they are fighting against them, but the confrontation continues now. Here are the key challenges in the music industry.
Copyright Law
Copyright, a proprietary right that safeguards the expression of ideas, is protected by the Copyright, Designs, and Patents Act (CDPA) 1988. Section 1(b) of the CDPA shields sound recordings, raising the question of whether music creators should possess complete rights over their work. However, there is much disagreement on this matter.
Initially, copyright law was rooted in the Statute of Anne 1709, to foster public learning by establishing a public domain, allowing unrestricted access to previously limited content. Presently, copyright law must strike a balance between the interests of creators and the public when safeguarding intellectual property rights.
Challenges in the Music Industry
Difficulty of copyright protection
Unfortunately, enforcing copyright protection has become increasingly challenging in the digital age, where copyrighted material is readily accessible on free-streaming platforms. The music industry encountered this issue with the advent of the Apple iPod, which spurred the digital conversion of music and the rise of digital music retailing. Consequently, numerous copyright cases arose against platforms like Grokster and StreamCast in 2005. According to a 2010 report by the International Federation of the Phonographic Industry (IFPI), the proliferation of hosting sites contributed to a global decline of 30% in music sales between 2004 and 2009, despite a 940% surge in digital sales during the same period. The music industry attributes this decline to piracy, which exacts a severe economic toll, costing the US $12.5 billion annually.
Individual copyrights decrease in value over time
Indeed, you’ve got it right. The problem lies in the constant influx of new content, with approximately 60,000 songs being uploaded each day. However, the number of subscribers to streaming platforms like Spotify isn’t growing at the same pace. Consequently, while 1 million streams made up 1% of Spotify’s total streaming numbers back in 2010, it could now represent a mere 0.000001% in 2022. As a result, the value of your copyright diminishes over time as the overall number of songs on streaming platforms increases. This explains why artists such as KT Tunstall are advocating for legislative changes and why some artists have chosen to withdraw their catalogs from platforms like Spotify.
The issue of profitability in the music industry is not new, but new variables have emerged. On the one hand, listeners want to have access to the tracks of their favorite artists and it would be stupid to deny them this. They get an unpleasant feeling when they see the message: “This song is not available in your region.” They will be able to listen to music without borders through their VPN, bypassing regional restrictions. The same VeePN has as many as 2500+ servers in 60 countries. On the other hand, the issue of income is also quite acute. If you remove regional restrictions from music, the income of authors may increase and you will not lose listeners.
Limited duration of copyright rights on the music
Copyright encompasses the captivating concept of the Public Domain, with time limitations in most countries. In the UK and US, copyright is restricted to 70 years after the author’s death. A noticeable trend has emerged in recent years involving the increased usage of the universally recognized tune “Happy Birthday” in movies and on TV. This melody was composed by American sisters Patty and Mildred J Hill in 1893. Initially owned by Warner Chappell Music, using the song required a license fee. However, it is now in the Public Domain, allowing unrestricted use without seeking permission.
While copyright applies to all creations, creators can choose to make their works readily available for public use. In the music industry, this may involve producing royalty-free samples that producers can use without consequences. Nevertheless, this principle extends beyond creative industries and can be applied to inventions as well.
AI as an author and do laws protect them?
AI’s integration in art, particularly music, has triggered substantial queries within copyright law, posing challenges for resolution. A recent illustration from the art realm is the AI-generated image “A Recent Entrance to Paradise” by Stephen Thaler, created in November 2018 using his Creativity Machine algorithm. Thaler’s request for copyright recognition in 2019 was rejected due to a lack of human authorship. This decision was reaffirmed in a 2022 review.
Existing copyright and intellectual property laws only safeguard works that emerge from the human intellectual effort, are captured in a tangible medium, and rely on the creative abilities of the human mind. This interpretation raises questions about the standard of human involvement or requirements for human authorship. Thaler’s legal team asserts that AI can produce creative results, even without traditional human authorship.
The art world, including the music industry, grapples with issues surrounding human participation, intellectual conceptions, and copyright implementation. The emergence of image generators like Stability AI has similarly ignited debates on the concept of authorship in image creation.