The “new distribution forms of music.”
The “Web Radio.”
“Music Piracy.”
And “Sanctions in case of violations” already touched in “Music Online. 1” Article.
Also, scroll down to listen to the subtitled video.
Until about 25 years ago, musical producers were generally Record Companies.
Back then, producers bought either artists’ rights directly or from minor labels.
These last possessed the required license and sold recording rights and artistic performance recordings only to duplicate and communicate to the public.
New means of enjoying music and new entitlement series have been added to the old rights after the advent of the Internet.
Today, the ownership transferred or licensed by artists also includes new ways of expressing reproduction rights, disseminating to the public, and selling musical creations already protected by the Law.
Suppose you enter into a contract with a music producer or a media or platform present on the web today.
In that case, it is necessary to contemplate the possibility of simply selling media containing music online, for example, through an “electronic mail order.”
Not to mention carrying out an online distribution directly from devices with Internet access or mobile phones.
And this is how the so-called “digital music distribution” came about.
Let’s now talk about the “Web Radio.”
One of the most important revolutions born of the Internet is the “web radio.”
They’re out-and-out radio broadcasters that transmit music over the network only.
Not only that way, but even on the sidelines of over-the-air broadcasts or streaming programs, which, as we know by now, are a method of transmitting audiovisual files in real time over the Internet.
The receiving computers, thus, display audio and video tracks together or separately, saving nothing on the user’s computers exactly as happens for radio and T.V. program transmissions.
The “WEB RADIO” allows users to choose channels with themed music and match the theme with images.
As you can see, the user engages with the music provider through the new web channels.
Today, these broadcasters have equipped themselves to respond to the demand for music on the Internet.
For some time now, e.g., in Italy, they have begun to enter into framework agreements with the Italian Association (SIAE), protecting and running artistic heritage and authors’ rights.
The said settlements intervene with the Phonographic Consortium , alike. This last is another entity gathering many Record Companies and Labels.
This way, “Web Radios” can exploit the artistic contents lawfully.
The two Entities mentioned earlier pace a records repertoire to disseminate them for a fee.
Fees vary based on radio site access numbers, songs and videos in the archive, and sale income from site advertising space.
And here we are at the thorny issue of “Piracy.”
The advent of the Internet has brought some side effects that manifest in illegal music circulation widespread: “Digital Piracy.”
The new technologies now make it possible to download songs in a few minutes without particular difficulties or use equipment designed for the purpose, anonymously and immediately, quickly identifying the desired files.
In other words, the breaking down physical barriers between the music and the users has determined that phenomenon in a widespread and highly damaging way since it is of global proportions.
Piracy occurs when someone intentionally infringes a copyright for commercial or profit-making purposes.
Piracy manifests itself in the musical industry by duplicating an original work without the rights and profit owner’s consent.
The classic example of unauthorized reproduction is the burning of a C.D.
But it can also occur in the form of “Counterfeiting.”
Counterfeiting, on the other hand, consists of the faithful reproduction of the original product, including what follows:
- the logo;
- the hologram of authenticity;
- and any other stratagem aimed at making it appear authentic.
The above represents a crime against the final consumer called “commercial fraud.”
The difference with simple piracy is that the counterfeit product passes itself off as an original without the knowledge of the consumer.
Now, the time is ripe to debunk a misconception!
We can also clarify that the “private reproduction” of phonograms and videos on any medium made by a “natural person” for “exclusively personal use” that is not to be sold or marketed is “not illegal.”
Copyright receives rather considerable legal protection in the European Union, where there is legislation harmonized with the European Directives introduced for the fight against piracy.
What about the sanctions in case of infringement?
Last, the sanctions can include imprisonment and fines of more than 15,000 euros.
The Italian penal code also provides other offenses for the protection of music copyright, such as:
- the rules on receiving stolen goods;
- the laundering of illicit proceeds;
- trademark counterfeiting;
- commercial fraud;
- and even criminal conspiracy committed by a plurality of people with the same criminal intent.
Moreover, Civil justice can also come through to protect copyright with an action for:
- damages;
- injunctions;
- and verification of copyright by the civil judge, to name a few.
Listen to the subtitled video by clicking below. It will last 00:8:27 minutes.
“Italynlaw” Warning:
This video music’s royalties are granted to “Anchor of Spotify AB” by “Blue Dot Session” under license no. 0214. The music tracks used in this video are authorized everywhere by the Anchor FM platform.
“Italynlaw” Law Firm issued this Article.
Image 16: Street Artist/Saxophonist in Philadelphia Old City – Pennsylvania (U.S.A.).
Source: “Italynlaw” Law Firm. May 2022.
