This Practice Note examines whether copyright can subsist in music compilations as a database. It contains a brief background to categorising copyright works, copyright in databases and sui generis database right. It examines in more detail how the Copyright and Rights in Databases Regulations 1997, SI 1997/3032 treat playlists and compilations, playlists and the own intellectual creation test and an examination of the Ministry of Sound v Spotify copyright infringement litigation.
This Practice Note examines copyright and related right infringement as it applies to music and the music industry. It highlights relevant protected works such as sound recordings and film, and covers the use of copyright notices, co-authorship, joint authorship and ownership, particularly of commissioned works, remedies and piracy. On infringement, the note reviews case law and provides worked examples relevant to the key restricted acts of copying, issuing copies to the public, renting or lending the work, performing and communicating the work to the public. Defences and permitted acts are covered.
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