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Overview of Copyright for Digital Performance Right in Sound Recording

Section 106(6) of the Copyright Act grants sound-recording copyright owners the absolute right to perform their works through a Digital sound recording. Like the performance right for other types of works, the new digital performance right only puts in for "public" performances. Under the Copyright Act, "Public" performance is defined broadly to include even situations where works are performed to single members of the public in different places and at different times.

The digital performance right is restricted to public performances using a "Digital sound recording." For copyright intend, a performance is transmitted when "sounds are received apart from the place from which they are sent." A "digital sound recording" is the channeling of a sound recording made in whole or in part in a digital format, because the channelization of an audible work is not a digital sound channelization.

The Need of Copyright for Digital Performance Right in Sound Recordings

Even though a persistent plea for the creation of a public performance right in sound recordings existed, it was not until 1995 that Congress created such a right. Therefore, the government realized that new digital technologies create both benefits and problems that were not previously examined. As several analysts have acknowledged that Digital technology allows a person to remodel the detailed information, and expression contained within any work whether visional or musical, into a sequence of bits which can be kept as data in a computer. Almost every work of copyright ownership can be encrypted into these bits to be transferred or flawlessly reproduced comparatively.

With the outbreak of Internet facility and with more advancement the ease with which an individual could transmit information quickly and to a large audience is also becoming easier. The advanced digital technology, has improved both the quality and the ability to transmit information to an increasingly greater percentage of the public, meant that something had to be done. It has been realized that without copyright protection in the digital domains, the motivation for artists to create new sound recordings could be reduced, which as a result would deny the public of the potential benefits of the new digital channeling technologies.

Further, the vogue within the music industry suggests that digital broadcast of sound recordings is likely to become a very essential channel for the performance of recorded music shortly and recognizing the importance of having protection in place before the technology to duplicate and distribute digitally becomes promptly available to the public.

All the above-mentioned needs and criteria have amended the Copyright Act in a way that would be helpful to create a system-wide enough to deal with future digital technologies.

What are the advantages of Copyright for Digital Performance Right in Sound Recording?

Copyright is a legal expression used to express the rights that the author has over their literary works. Works covered by copyright range from books, non-dramatic textual work, computer programs, databases, advertisements, maps, technical drawings, cinematography, sound recording, music and softwares etc. It safeguards the creator’s original work. So, it can be said that copyright is the guardian of invention.

Once a Copyright for original work is registered it creates a sense of security in the mind of the author, that his transcript creation is protected under the Copyright Act. The advantages of Copyright are as follows:-

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What are the Documents required for Copyright for Digital Performance Right in Sound Recording?

The Documents required for Copyright for Digital Performance Right in Sound Recording are as follows:-

  • Details of the work criteria and the parties involved in the digital performance right for sound recording.
  • 2 copies of the work to be performed
  • Power of Attorney, if a filing is done through an advocate or the representative other than the applicant.
  • No Objection Certificate or an agreement if other persons are also involved other than the applicant.
  • Demand Drafts/IPO with a respective amount as per work.

How CorpBiz helps its clients in Copyright for Digital Performance Right in Sound Recording?

CorpBiz helps its client in Copyright Registration by providing services like Filing the application, arrangement of Documents and resolving the discrepancies (If arises). CorpBiz also offers various services related to Copyright, Patent and Trademark. Our experts will assist you by providing the legal advice related to Copyright Registration and its compliances and support you throughout right from the application, collecting the information, till your work gets registered. The entire process of Copyright for literary work is done online so there is no need for you to go out and follow up with the government authorities. Our team will take care of all the mandatory requirements as well. CorpBiz helps in-

  • Free consultancy from our experts,
  • Process Application of Copyright registration,
  • Assists in Documentation as per the requirement,
  • Filing of Copyright Application and follow up with the authority,
  • Quality services at pocket price.
  • Helps in Proper execution of literary Copyright work.

Why Corpbiz?

We at Corpbiz have trained professionals to help you throughout the Copyright Registration procedure. Our Experts will guide and assist you with the whole process of filing the applications for copyright and related services and also ensures the timely and effective completion of your work. Any person having queries about what category his/her work might fall under the copyright Act or having trouble in applying copyright within the correct category; feel free to contact our experienced and trained professionals at Corpbiz.

Frequently Asked Questions

A digital sound recording is a digital transmission that assimilates the transmission of a sound recording. However, it does not include the transmission of any audiovisual work.

Generally, The Copyright in Digital sound recordings is owned by the 'Maker' of the sound recording. The term 'maker' usually refers to the person who possesses the equipment in which the recording was made.

After January 1, 1978, all sound recordings produced are automatically protected by copyright. A sound recording originates when it is “fixed” in a phonorecord for the first time. However, as per the recent laws, neither registration in the Copyright Office nor publication is required for protection.

One of the essential features of digital audio is that it can be compressed. Generally, audio files are large. Digital Sound can be compressed which as a result saves space and are easier to channelize over the Internet.

Copyright for Digital Performance Right in Sound Recording is important-
  • Protects the reputation of the maker of the song,
  • Attracts the attention of the Public,
  • To protect the copyrighted work and makes you stand out in the public.
  • It helps in saving from the monetary loss.
  • Restricting unauthorized access.
  • Global protection and Branding.

Digital sound recordings are used in the recording, handling, Large-scale production, and distribution of sound that includes recordings of songs, instrumental assembling, Broadcast, sound effects, and other sounds. Additionally, Modern online music distribution relies on digital recording and data compression.

The Fair use of Copyrighted music is a special case to copyright protection that allows restricted use of a copyrighted work without the copyright holder's permission.

The five exclusive rights given to the maker of the sound recording are-
  • Rights of reproduction,
  • Rights of adaptation,
  • Rights of publication,
  • Right to perform, and
  • Right to display.

Digital Sounds can be recorded using a microphone, which converts the air vibrations of the sound into an electrical signal. This signal can then be measured but the digitization must include appreciable magnitude and time.

Fair use allows an individual a limited use of copyrighted material without permission from the copyright holder for purposes like criticism, parody, news reporting, research and scholarship, and teaching.

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