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Sound recording meaning

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What does Sound recording mean?
In legal practice, a sound recording is the fixed capture of sounds—speech, music or other audio—in any format that can be played back, commonly referred to as the master recording. The term is defined in statute (UK: Copyright, Designs and Patents Act 1988; Ireland: Copyright and Related Rights Act 2000) and is used consistently across England & Wales, Scotland, Northern Ireland and Ireland. A sound recording is a distinct copyright work, separate from the underlying musical or literary work and from performers’ rights. Protection arises on fixation, regardless of medium (e.g., tape, CD, vinyl, digital files or servers). Key legal features include exclusive rights to copy the recording, issue copies to the public, rent or lend, communicate/make available to the public, and to authorise those acts. The first owner is usually the producer (the person who makes the necessary arrangements), subject to contract and employment rules; performers retain neighbouring rights and equitable remuneration. Typical uses include recording agreements, master use and sync licensing, collective licensing, enforcement and sampling disputes. The term of protection is 70 years from first publication or communication to the public (with statutory rules where no timely publication occurs). Unfixed sounds attract no sound recording right.
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View the related News about Sound recording

NEWS
IP weekly update: foreign performers' PPR; Athleta and YouTube Shorts rulings; EPO MyEPO changes; SPC Windsor Framework regulations; Teva Copaxone fine; EU packaging rules; IPO crime survey

In this issue: Copyright & associated rights Trade marks/passing off Patents General IP LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights IPO confirms approach for foreign artists’ public performance rights The Intellectual Property Office (IPO) has released its response to an early‑2024 consultation on how best to ensure overseas performers and producers receive the public performance rights (PPR) payments due when their sound recordings are broadcast or played in public in the UK. Historically, UK law’s treatment of this right did not fully mirror the nation’s international commitments. After the consultation and engagement with industry stakeholders, the government has chosen Option 0A. Under this approach, targeted adjustments will be made to the criteria for foreign performers’ PPR eligibility, extending PPR to foreign performers where the producer of the recording of their performance is a UK national or...

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NEWS
IP weekly: copyright and performers' rights claims, trade mark and passing off appeals, counterfeiting report, UPC referendum, music streaming code, and new practitioner resources—1 February 2024

In this issue: Copyright & associated rights Trade marks/passing off General IP LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights Court dismisses application to strike out and orders trial (Noel Redding Estate v Sony Music) In Noel Redding Estate Ltd v Sony Music Entertainment Ltd [2024] EWHC128 (Ch), the Chancery Division considered an effort to strike out proceedings issued by the claimant companies. The claimants, two former members of The Jimi Hendrix Experience, seek to confirm that they hold shares in the sound recording copyrights in the band’s music and entitlement to certain performers’ property rights. The defendant (Sony) pursued summary judgment and/or a strike out of the claim in its entirety, or alternatively specific parts. The court determined, among other matters, that the application would be largely refused. The claims regarding copyright and performers’ property rights remain...

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View the related Practice Notes about Sound recording

PRACTICE NOTES
United States copyright registration: practical guide to benefits, applications, deposits, fees, transfer recordal, pre-registration and reconsideration

ARCHIVED: This Practice Note has been archived and is not maintained Originally prepared for Lexis Practice Advisor® in the United States, this Practice Note outlines the copyright registration process and covers: the advantages of federal registration preparing and lodging a copyright application (online or on paper) applicable filing fees the deposit obligation replying to enquiries from the US Copyright Office the potential for preregistration of particular categories of works The Copyright Office also issued notices revising certain timing provisions and widening electronic submission options in response to the coronavirus (COVID-19) pandemic. For an overview of copyright law, see Practice Note: US—copyright fundamentals [Archived]. Benefits of copyright registration Copyright arises the moment an author commits an original work of expression to a fixed medium (for example, on paper, in a computer file, or as a sound recording). There is no need under the Copyright Act to register a work with the Copyright Office to obtain the bundle...

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PRACTICE NOTES
UK Film and Television Law Glossary (I–L): Copyright, IPSO, ITV, Moral Rights, Releases, Financing and Production Documents

Film and TV glossary A–B | Film and TV glossary C–D | Film and TV glossary E–H | Film and TV glossary M–P | Film and TV glossary R–S | Film and TV glossary T–W Incidental inclusion (‘passing shot’ use) Including a copyright-protected work only incidentally within an artistic work, sound recording, film or broadcast does not infringe that copyright. For example, a film shot on location at the South Bank in London would not breach rights in buildings or in music audible in the background when their presence is incidental. What qualifies as ‘incidental’ hinges on the facts of each matter. See Practice Note: Copyright—permitted acts and defences. Independent Press Standards Organisation (IPSO) IPSO is an independent, self-regulatory body that handles complaints about the editorial content (not advertising) of newspapers, magazines (not books) and their websites, as well as about certain kinds of behaviour by journalists working for those organisations. It replaced the Press Complaints Commission on 8 September 2014. See website: Independent Press Standards...

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PRACTICE NOTES
UK music collecting societies: legal framework and regulation, PRS and PPL operations, PPL PRS Ltd/TheMusicLicence, multi-territory online licensing, and practical points for rights holders and licensees

This Practice Note examines music collecting societies, which may operate as ‘licensing bodies’, and/or ‘Collective Management Organisations’ (CMOs). It outlines: the rationale for music collecting societies; how collecting societies work; and the regulation applicable to music collecting societies. It then supplies details on PRS for Music (PRS) and Phonographic Performance Limited (PPL) (covering their members and the rights they administer), as well as the joint venture PPL PRS Ltd and TheMusicLicence. This Practice Note sets out practical matters to bear in mind when dealing with music collecting societies. The need for music collecting societies and the legal framework The proprietor of copyright in a creation such as a musical work or a sound recording is entitled to authorise or prevent certain restricted acts. In the UK, those acts are listed in Chapter II of the Copyright, Designs and Patents Act 1988 (CDPA 1988). The restricted acts include the right to reproduce the work, to perform or play the work in public, and to communicate the work to the...

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