What is copyright infringement?
Copyright infringement in the music industry means using a protected An original musical composition with or without lyrics. or Typically, the recorded performance of a musical work protected as a phonogram under copyright law. without the permission of the A person or company that has Intellectual Property Rights in a musical work, performance or sound recording in cases where such permission is required by National laws that protect creators' and other rights holders' moral and economic rights in musical works, performances, and sound recordings.. Examples include The process of using parts of existing sound recordings in a new recording., copying, distributing, performing a song without permission, or large-scale infringement of numerous works, often referred to as piracy.
What is an infringement dispute, and when would it occur?
Infringement disputes occur when A person or company that has Intellectual Property Rights in a musical work, performance or sound recording of musical works or sound recordings claim that another party used their work without permission.
Some examples of when copyright infringement and resulting infringement disputes can occur include:
Sampling a sound recording without permission
Re-recording and releasing a musical work without permission
Uploading a sound recording online, using it on a website, or in the background of a video without permission
Using musical work or sound recording with audio-visual content, such as film or TV, or advertising without permission
Releasing music that is substantially similar to another creator's music
For more information about specific rights under copyright law, head to the Music Creators’ Rights topic.
For more information on protecting and enforcing your rights, check out the WIPO Enforcement page.
How can an infringement dispute be resolved?
If you're a A person who makes an original contribution to the creation of a musical composition or lyrics. Refers to a creator who has a record label or music publisher contract. with a A company that represents songwriters, supporting their career development, monetizing musical works, and protecting copyrights. or a In the context of music, a creator playing a musical work live or on a sound recording. signed with a A company that invests in, manufactures, distributes, promotes, and monetizes sound recordings on behalf of the artist., you should contact your music publisher or record label and seek their advice and support about any infringing use of your musical works or sound recordings. You should also consult your A person who represents the interests of one or multiple creators, including artists, songwriters, music producers, or other roles. if you have one. Your music publisher or record label will likely take action in such cases. They have legal departments and are used to dealing with such cases.
If you are an Without a contractual agreement with a record label and or music publisher In the context of music, a solo performer or group of performers who perform a musical work live or recorded., also known as a Do It Yourself: when a creator works independently without a record label or music publisher. artist, you may want to send the infringing party a A written notice demanding that the recipient immediately stop an activity. Ask your Collective Management Organization: An organization that acts collectively on behalf of the rights holders it represents and collects and pays remuneration to rights holders. for help, as many have a process to deal with these issues, or consult a lawyer. Also, alternative dispute resolution options, such as A voluntary dispute resolution method that may include all parties involved in a dispute., can be a way to explore other possibilities to resolve the dispute with the infringing party. CMOs and A government agency responsible for regulating and administering copyright, including the enforcement of copyright laws. have put in place mediation procedures for these purposes. These options are increasingly used by rights holders in different jurisdictions.
If the infringement is happening online check out the Digital Service Provider: an online platform that provides streaming or download services to consumers. The process of removal of copyrighted musical works and sound recordings from the internet that are being used without permission. procedure to work out if you can handle the issue yourself.
Because notice and takedown procedures vary by jurisdiction and can get quite complex, if it's not clear what you should do, it is advisable to consult a copyright lawyer.
Additionally, some countries facilitate alternative dispute resolution options, such as mediation or A form of dispute resolution where parties submit a dispute concerning a particular technical issue to a neutral third party, called an expert, who will make a decision., to resolve online infringement disputes outside the courtrooms.
You can check the WIPO ADR for Digital Copyright and Content Disputes webpage for more information on this.
If you determine that someone is Reproducing copyrighted musical works and sound recordings without authorization your copyrighted work, you may want to contact the law enforcement authorities, including the police, prosecutors, and customs, depending on the scale and nature of the infringement. Some countries have specialized units to combat copyright piracy, and they typically work with international partners because of the global reach and presence of large-scale organizations involved in copyright piracy. However, you should first consult your CMO, record label, music publisher, manager, or lawyer on the best way to proceed.
Image credit: Martin Fabricius Rasmussen