International Copyright Regulation and the Music Industry
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The international regulatory framework for intellectual property rights has been strengthened by the conclusion of the Uruguay Round of the General Agreement for Tariffs andÂ Trade (GATT)Â andÂ theÂ establishmentÂ ofÂ the WorldÂ TradeÂ Organization (WTO).Â InÂ terms of copyright, the new regulatory framework calls for all memberÂ countriesÂ to complyÂ withÂ the substantive provisionsÂ of the Berne ConventionÂ (1971)Â for the protection of literary and artistic works, but it does notÂ require the observance of moral rights.The agreement enhances the monitoringÂ capacity and enforcement capabilities on a global scale. Many of theÂ countriesÂ whichÂ wereÂ notÂ partyÂ toÂ theÂ Berne ConventionÂ have beenÂ broughtÂ intoÂ copyright law under the WTO framework. Thus, for the first time in InternationalÂ Law,Â memberÂ statesÂ areÂ to provide within their nationalÂ law effective proceduresÂ and remedies for the enforcement of intellectual property rights, either through the normal civil judicial process or through other appropriate measures. The main additionsÂ to the area of copyright as it relates to music and related rights (e.g., neighbouring rights) are: provisions that require authors and composers of sound recordings to be given the right to authorize or prohibit the commercial rental of their works to the public; provisions that require performers to be given protection from unauthorized recording and broadcast of live performances (e.g., bootlegging);Â the protection for performers and producers of sound recordings have been expanded from a prior minimum of 20 years under the Rome convention to no less than 50 years; provisions that require that broadcasting organizations would have control over the use that can be made of broadcast signals wthout their authorization, for at least 20 years.
Copyright Sir Arthur Lewis Institute of Social and Economic Studies