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.
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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.
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