Right of stakeholders on musical works

Stakeholders in music-related copyright are hardly aware of the legal rights on their creations.  Intellectual property is very wide and includes literary and artistic works, films, computer programmes, inventions, design and marks used by inventors/innovators for their goods or services.
In Bangladesh, the legal framework of copyright is provided by the Copyright Act, 2000 (No 28 of 2000), amended in 2005.  The Act (amended in 2005) contains, among others, the subject matters of the WTO Trade Related Intellectual Property Rights (TRIPS) agreement in respect of copyright and related rights regarding computer programmes, database, cinema, broadcasting rights, performer's rights, phonogram rights etc. Without proper copy right protection, smooth social and cultural development is not possible.  The law deters others from copying or taking unfair advantage of the work or reputation of another and provides remedies should this happen. The government also promulgated Copy Right rules in 2006. The Copyright Rules 2006 provide for the registration, application for licence and other relevant issues of copyrights.
"Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music.  A musical work needs not be written down to enjoy copyright protection. "Sound recording" means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.
In the case of a musical work, copyright means the exclusive right : (1) to reproduce the work, (2) to issue copies of the work to the public, (3) to perform the work in public, (4) to communicate the work to the public, (5) to make cinematograph film or sound recording in respect of the work, (6) to make any translation of the work, (7) to make any adaptation of the work, (8) to make any other sound recording embodying it, (9) to sell or give on hire, or offer for sale or hire, any copy of the sound recording, (10) to communicate the sound recording to the public.
The performers are in creative works are protected under copyright.  "Performer" includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance. "Performance" in relation to performer's right, means any visual or acoustic presentation made live by one or more performers.  Singer is a performer as per the Bangladesh Copyright Act,  
The performer has rights such as: 1) where any performer appears or engages in any performance, he/she shall is entitled to a special right in relation to the performance; 2) the performer's right lasts fifty years from the beginning to the end of the calendar year in which the performance is made; 3) during the continuation of a performer's right in relation to a performance, any person who, without the consent of the performer, commits any of the following acts related to the performance, namely: (a)   makes a fixation of the performance, or b) makes any reproduction of such fixation of the performance, which fixation was- (i) made without the performer's consent, or (ii) made for purposes different from those for which the performer gave his consent, or iii) made for purposes different from those referred to in section 36 from a fixation which was made in accordance with section 36, or c) broadcasts the performance except where the broadcast is made from a sound recording or visual recording other than one made in accordance with section 36, or is a re-broadcast by the same broadcasting organisation of an earlier broadcast which did not infringe the performer's right, or d) communicates the performance to the public otherwise than by broadcast, except where such communication to the public is made from a fixation or a broadcast, shall be subject to the provisions of section 36.
Copyright acquisition is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. The general rule is that copyright lasts for 60 years. In the case of musical and artistic works the 60-year period is counted from the year following the death of the creator. In the case of sound recordings, the 60-year period is counted from the date of publication.
Apart from the protection of above mentioned works, Copyright Act also provides for the protection of broadcast re-production rights for a term of 20 years from the beginning of the calendar year next following the year in which the broadcast is made.  
The reproduction of the works is also conditional. The right of reproduction commonly means that no person shall make one or more copies of a work or of a substantial part of it in any material form including sound and film recording without the permission of the copyright owner. The most common kind of reproduction is printing an edition of a work. Reproduction occurs in storing of a work in the computer memory.
Copyright infringement is using, reproducing, distributing, editing etc., without the permission of the copyright holder.  It deprives the original creator from profit or recognition for the work he or she made.
There are some commonly known acts involving infringement of copyright: (a)making infringing copies for sale or hire or selling or letting them for hire; (b)permitting any place for the performance of works in public where such performance constitutes infringement of copyright; (C)distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright; (d) public exhibition of infringing copies by way of trade; and (e) importation of infringing copies into Bangladesh.
There are some exceptions to infringement. No broadcast reproduction right or performer's right shall be deemed to be infringed by: (a) the making of any fixation for the private use of the person making such fixation, or solely for purposes of bonafide teaching or research; (b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast review, teaching or research; (c) such other acts, with any necessary adaptations and modifications, which do not constitute infringement of Copyright under section 73. Sections 18, 19, 48, 76, 79, 85, 86 and 93 shall, with any necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any broadcast and the performer's right in any performance as they apply in relation to copyright in a work.  
All stakeholders -- singers, musicians, lyricists, recorders and broadcasters can take initiative to protect the rights of their creative works. Mutual co-operation can best protect their own rights.
The writer is a Legal Economist.
shah@banglachemical.com