With the development of information technology, it has become easy for one to access some ones work from the internet. This has lead to the introduction of license on any music download from the internet. This is to protect the intellectual property of the owner. Most people earn their living through the sale of the music so there is need for protection.
What is copyright?
Copyright is the legal right to have control over the work of a writer, artist, musician. This means that other people must pay you to broadcast, publish or perform it because its ones intellectual property. Can also be defined as a legal construct designed to secure the ability of creative individuals to profit from their work.
In copyright there is the issue of fair use for instance no one has ever been infringed for playing ringtone this is because you bought the music and you should be able to listen to it from where you wish.
What a ringtone is according to copyright
A ringtone is a separate digital recording as defined by the copyright law. A ringtone is not a small set of instructions that says “play this tune from this point to that point “that refers back to your original parched music file.
When a certain model of a phone delivers a new copy of a song to the phone, It in turn incurs a royalty obligation to the artist, composer, lyricist and any other who own the rights to the songs. Unless the record companies have negotiated a special deal with the artist, those obligations do not vanish because they’re delivering only 30 seconds of the song instead of the full performance.
A ringtone is a copy of a protected work, and making that copy is only allowable as the copyright holder licenses it.
How ringtones are protected
Cell phone holders companies protect ringtones by paying royalty to songwriters and copyright holders.
Each delivery of a ringtone is delivery of a copyright song, and incurs the standard royalty for the copyright holder. While copyright holders are free to waive those fees if they choose, the compulsory license does not require them to do so.
Ringtones have got copyright that is paid by the owners of the cell phone companies. In addition is one buys CD and copies it to the phone that means he or she has already paid for the intellectual property of the musician.
Download of ringtones is the same as public performance that sending the signal activating the ringtone is part of the performance authorized by the cell phones company. This means that it’s the intellectual property of another person which is being used. Most of the people earn their living through the composition of music thus the need for protection.
In some circumstances one cannot make ringtones from music you parched on CD or in other formats. If a song you own on CD is lichens able as a ringtone you must purchase the song again in form of a ringtone.
There are also some software’s which allow download of songs and sound effects which act as ringtones. This software’s also have copyright and need to be protected. Software’s are intellectual property which one thinks about before coming up with it and one may be earning from it so it requires protection.