Duration of copyright protection

Copyright does not last for ever. It expires seventy years after the death of the author. To be precise, seventy years after the next first of January after his death. This is why a great deal of classical music is now non-copyright, or out of copyright.

Anonymous works

For works that are written under a pseudonym or where the right holder is a legal entity – an institution that may perhaps never cease to exist – the rule is that the copyright expires seventy years after the work is initially made public (as a performance or in print).

Inheriting copyright

When the creator dies, the copyright passes automatically to the heir, by legal process or by a will. This only applies to commercial exploitation rights, the author’s exclusive right to exploit his works. However, the moral rights – which protect the author e.g. against drastic modifications to his work – automatically cease to exist, unless the author has indicated someone to represent his moral rights through his will or a codicil.

Control over a musical work

The music copyright gives the author the final say in what happens to his work, both when it is being ‘made available to the public’ (played or performed) or ‘replicated’.

Making available to the public

Making a creation available to the public means showing or performing it or otherwise arranging for it to be heard. This could be a live act, pub music or broadcasting via radio, TV or the Internet.

Replication

Replication is making copies of a creation. A record company puts music on CD or DVD, for instance. Editing is also a form of replication. An example of editing a work could be translating lyrics or arranging a composition.

Internet

More and more music is being offered through the Internet. You can pay to download tracks or entire albums. Music website providers do not only make music available to the public, they also replicate it via digital music files. They pay remunerations for both aspects.

Transferring rights to another person or organisation

Many music authors choose to have their commercial exploitation rights transferred. They hand over the commercial exploitation of their music copyright and the handling of the remunerations for use of their works to another person or organisation. For example, music publishers who take over (part of) the exploitation rights through a publishing contract to promote the author’s work. Over 16,000 composers and lyricists have transferred the exploitation of their music copyright to Buma/Stemra.

Moral rights are not transferable

Only the commercial exploitation rights can be transferred. Moral rights always continue to be held exclusively by the author. If the author also wants to retain his exploitation rights, then he can grant licences himself to those who want to use his creation. The music author grants the licence to allow his work to be used in a particular way.

Exceptions to music copyright

According to the Copyright Act, music may not be copied without the permission of the rightholder. But there are exceptions. You may make a copy of someone else’s work if it is only for your own use. This is known as a home copy or a personal copy. For example, you are allowed to copy a CD to another CD or a cassette, as long as you make the copy yourself and only use it yourself.

Infringement of music copyright

A music author does not have to allow someone to use his compositions in the making of a pornographic film for instance, or accept his lyrics being published under someone else's name. These are infringements of music copyright. What if the author discovers that illegal CDs of his works are on sale, for example, or that his music can be downloaded? This is also an infringement of the music copyright. The author can forbid further sales or demand that the loss of income be compensated.

Legal sanctions after infringement

If it is not possible for the parties involved to reach an agreement after an infringement, the Copyright Act provides various routes for criminal and civil actions. Some infringements (such as dealing in illegal CDs professionally or as a business) are seen as criminal offences, with a fine of up to € 45,738 and a prison sentence of up to four years.