A work as the intellectual property of the creator

When someone makes something original, it is their ‘intellectual property’. Various rights are covered by the concept of ‘intellectual property’. One of them is music copyright. However there are others, such as: portrait rights; plastic, graphic and photographic rights; and trademark rights. Music authors and performing artists will mostly have to deal with music copyright and neighbouring rights.

Music copyright: for music authors

Music copyright is in fact the same as copyright. However, it only applies to the creations of music authors, such as compositions and lyrics. Music copyright can be subdivided into two sorts of rights:

• exploitation rights
• moral rights

Exploitation rights

Music authors have the exclusive right to exploit their creation commercially, i.e. to earn money from their work. They can give others permission to use their work, for example to put the music on CD, broadcast it or translate the lyrics. Music authors are allowed to ask for remunerations for this use.

Moral rights

Music authors have a personal bond with their work, even if they have transferred the commercial exploitation of their music copyright elsewhere. They may have moral objections, for example if someone modifies the text drastically or if the music is used in a film they regard as dubious. They may raise objections against this. This is laid down in the moral rights (or ‘personal rights’) that the music author has on his work.

Neighbouring rights: for performing artists and producers

‘Neighbouring rights’ are intended for the performing artists and producers. They have neighbouring rights on their artistic interpretations of other people’s compositions or lyrics. Just as with copyright, a performing artist may ask for remunerations based on his neighbouring rights. Neighbouring rights can therefore be involved when CDs and records are produced, as well as when a number is played on the radio. These rights remain in force for fifty years after the first performance or production, unlike music copyright which continues to exist until seventy years after the death of the music author.