Shared Music Prosecutions - Copyright
 

It has been reported that a a file-sharing prosecution has been brought by the British Phonographic Industry (BPI) against a fourteen-years old girl from Cheltenham. The girl faces a demanded £2500 bill but her mother has offered an out-of-court settlement because she cannot afford to contest the case. The BPI has also initiated proceedings againsts five persons who it alleges have collectively made almost nine thousand music tracks available for file-sharing. Geoff Taylor, the BPI general counsel is quoted as saying "We have no choice but to take these five individuals to the High Court". Generally speaking all music becomes copyright the minute it is recorded, either by sound or word, dated and usually signed by the author (some would argue so do web pages). Copyright on music remains in effect normally for fifty years but this can be a grey area when the original, with permission, is republished. If, for example, a song is recorded twenty years later by another artist, does that artist's version carry another fifty years protection - I would say not but the law seems vague here. Copyright can also be relinquished by the owner or it can be given to a third-party. So how do we know when a song has copyright? The answer is really that without research we don't. Ignorance of the law is no excuse to an offence but ignorance of the copyright being in effect may be, more so if reasonable steps have been taken to establish same. The BPI has a website which is well worth reading, if slightly biased to the BPI; it is interesting that the BPI is not against file-sharing as such, only file-sharing for free. TezL