People who compose their own music have primary rights to the copyright while those who perform have secondary derivative or related rights to copyright.
Berne Convention of 1886
Right of author to be recognized as the author of his work
Right of paternity
Parody and satire are not infringement of ©
TRIPS Agreement incorporated articles 1-24 of the Berne Convention excluding only moral rights. US does not recognize moral rights, they can take your music and mutilate it.
Copyright © protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art and literature, music, films, sound recording, broadcasts and computer programs from copying and certain other uses.
Under the © Act work has to be it has to be original and reduced to material form, does it contradict Section 5 of the Berne Convention which says that there should be no formality.
Original means one has to show sufficient skill and judgment. Refer to the case of Fiest Publications v Rural Rural was a telephone company and had a telephone directory Fiest a Yellow pages company. Feist Publications, Inc., v. Rural Telephone Service Co., Inc., 499 U.S. 340 (1991), commonly called just Feist v. Rural, was a United States Supreme Court case in which Feist copied information from Rural's telephone listings to include in its own, after Rural refused to license the information. Rural sued for copyright infringement. The Court ruled that information contained in Rural's phone directory was not copyrightable, and that therefore no infringement existed. The questions for determination were can there be copyright in facts the answer was no. Had Rural exercised sufficient skill and judgment to come up with their directory, they had but the information in the directory was not copyrightable. This is the definitive guide for originality. The Judges stated “The primary objective of © is not to reward the owner to promote science and useful art. To this end © assures the author the right to their original expression but also encourages others to built freely on the ideas and information conveyed by the work.”
Under the Copyright Act 2001 originality is stated in Section (3) as A literary, musical or artistic work shall not be eligible for copyright unless
(a) sufficient effort has been expended on making the work to give it an original character; and
(b) the work has been written down, recorded or otherwise reduced to material form.
Creative ideas are expressed through books, drawings, sculptures, drawings, photographs. Computer programs are protected as literally works, why?
Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
- literary works;
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."