Preserving Music Copyright: Australian Law

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Question :

                                                                      Downloading music from the internet

  1. What are the legal obligations upon people downloading the music? 
  2. how can musicians preserve their copyright and earn a decent income? 
  3. what are the existing laws in  Australia?
  4. how can authorities enforce these laws?


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Answer :

Obligations upon People

It is not a legal work to download the music from internet in the terms of free from internet. It is an illegal work. There must be a specific punishment about downloading the music with such illegal means. The punishment makes it clear that this act is not tolerable. In illegal downloading the music, it is difficult to make it clear that what type of punishment should be given. There is another method that provide threatening letters to the people who get caught. They offer to buy at that same at sum lumpsum amount. It helps to improve the action that helps to provide punishment. 

Copying and stealing the music makes it difficult for the music industries or artists to make money. People damages the work or efforts of them by online stealing the music or by illegally downloading the music (LaRose, 2007). The means make the music industry to go through different type of problems. It requires the need to protect the music from downloading by illegal means. 

Copyright of something is the situation where only a single person or firm is the owner of a specific business or specific music or any other thing. Out of all the protected works of copyright, music is one which is most restricted with copyright and this it is a licensed work.  The music composers are eligible for taking copyright on the music composed by them (Condry, 2004). The copyright works as a protector for the musicians or composers who make the music. The populated music is always protected by the license or copyright. 

Copyright owners have the power to take a legal action against the person who downloads the music free from the internet. If there is anything posted on the internet, it does not provide the power to everyone to use that material or download that. It becomes illegal to use that without appropriate approval.  The people are personally responsible for taking the actions with the copyright media. The owners can enforce penalty or can request the authorities for the punishment of prison. It is compulsory to download only from those sites that legally provide the facility. 

Preserving the Copyright by Musicians

The protection of music by the musicians through copyright is a best solution. It is the automatic protection of the music. It does not require any formality for protecting the music. The procedure for protecting the music is that one should take the copyright and register it for protecting the music. The registration of music must be before sending the recordings of music to the recording labels and sending them to shops for labeling. The registration offers too much benefits to the musicians and provide legal strategy to the musicians or the artists (Huang C, 2005). The artists can prove their point in the court very easily with copyright and helps them to defend their copyright in the court. It is the most valuable procedure for protecting the music and documenting it to prove the point that it was composed by the artist only. 

Copyright becomes necessary to comprehend the music from affecting by the stealing or threatening. It restrict the illegal downloading the documents from the sites and protects the condition of online sharing of files and media. The intellectual proprietary creates the rights over the intellectual property of the issues of exploiting the rights of others. It provides the benefit of preserving or exploiting the work through licensing the copying of music . In return it expects some compensation. There is rise in the P2P network, which helps in restricting the unauthorized copying of files and data. It is a serious challenge that restrict the free downloading by unauthorized means. 

The opposing parties views are different from other people regarding the patents and copyright of the music or art. According to them, the fundamentals of librarians think that the ideas and expressions of all the people must be available in free (Gentner, 2006).  The opposing party thinks this as the intellectual property. They think that the copyright and patents do unfairly restriction of the ideas and expressions. The opposing party does not think this as a crime. There are protectors in the safety of the cases. The protectors of the music industry defines that illegal downloading is same as a common theft. It is a crime which should cover with a specified punishment. 

The music industries are protected by the various Acts or associations that help to protect the industry from the theft or unauthorized actions. One of the industry included in the protecting industries is the Recording Industry Association of America. The industry provides the various laws and rules that help to protect the industry from affecting the unauthorized means. It is a recording industry which sued upon Napster for copyrighting the infringement (Poster M, 2010). In the year 2010, the Digital Economy Act makes it effective and mandates the UK Internet Service Providers. It helps to provide a greater role in tackling the infringement. 

The level of the paper is about the research or investigation about the distribution of digital music and its effects over the life of musicians and composers. It provides the effects of the system over the consumers also. In the past, there were lot of cases of streaming the music from the people defining the unauthorized use of the music. It creates the necessity of making the copyright of making the system more that no one can damage the work done by the musicians or composers. It creates the relationship over internet for buying and selling the music rather than downloading the music from the internet. The buying and selling helps the musicians to make money online by selling the music to the labeling firms or other firms that purchases the music (Mc Court, 2005). The quantitative approach also helps the company to produce the music and make it secure for the musicians. It helps to make the price, penalty for downloading the music illegally and willingness to pay for the music. 

Australian Law about protection of Music and enforcement of these laws

In Australia, the copyright system is difference. The need for registration of copyright is not mandatory. It also don’t need any legal requirement which enforce it to show that the work is protected by the copyright. It is itself a system which is protected. When any work is protected against the copyright, it automatically get protected at every place. It does not require any specific explanation at every stage of work. The Australian system makes a music protects from other for minimum 70 years (Bayem, 2010). For the 70 years, it does not require any specific period that helps in providing the period. The copyright work continues upto th 70 years from the first commercial year in which the copyright takes place. 

The PPCA administration of the Phonographic Performance of the Company of Australia Limited provides the sound recording copyright of the music of artists and their companies. The Australian organizations like Australian Copyright Council, Arts law centre for Australia, Music Rights Australia and Australian Copyright Act 1968 are all the acts that help in protection of the music industries and artists of the industry for protecting the music. 

In Australia, for talking the copyright, it is not compulsory to provide the name. They also don’t need to impose a copyright symbol. The work is protected automatically. But it is beneficial to provide these things and take a copyright symbol (George, 2006). The Universal Copyright Convention helps to take the rights of the recordings. It helps to make it more attractive by providing a specific symbol and name with the year published. UCC has becomes important for the recognition of copyright in the United State of Australian Compositions.  Enforcing the name, copyright symbol and year on the work met the requirements of the Australian laws for the protection of copyright. There are some other laws that helps in protecting the copyright in Australia. They require the people to make it clear about the powers of the law to protect the copyright and the music they produce. The protection of music is the compulsion for making the money to the composers and musicians. 

The most of the countries use the Australian Law to protect the industries from the damage by illegal means. International treaties like Berne Convention helps to make the protection in the case of online downloading the music.  Other countries also provide the grants to Australian material under the international treaties. Australian Copyright council is also the organization that protects the music. It is a non-profit making organization. The laws make the people aware about the protection rights and helps in improving the protection procedures and make it easy for the musicians to make money by protecting the music. The laws identify the research areas that are inadequate or unfair for the protection of music. It helps to finding out the problems in the effectiveness and fairness of the people. It helps the people to exercise the right of their for the protection of music.