Audio copyright : some legal aspects in the light of modern developments

Abstract

My proposals in this thesis are directed at certain traditional notions, for years embedded within the Maltese copyright scenario and also at innovative ones, as yet alien to such a dynamically growing legal landscape. As regards the former, (part one of my thesis), the writer believed it necessary to deal with traditional concepts such as substantial taking, originality and creativity and others. Indeed, it is true to say that copyright law seeks to protect originality, and particularly on the context of derivate music, both legislative and judicial scenarios have strived to find a suitable definition for such. Nevertheless, hampered by unfamiliarity with musical terminology and basic compositional techniques, courts and legislatures have groped for standards of easy application, which, the writer believes, have not always proved to be ideal and appropriate. Nevertheless, one must admit that the latter mentioned concepts are not amenable to bright line standards and delimitations, since stark distinctions between, inter alia, originality and creativity and illegitimate substantial taking as against legitimate musical experimentation are neither feasible nor clear cut. In Part two, the writer deals with a number of specific issues which have created profound debate and divergence of beliefs in today's copyright world. The writer examines issues such as sound sampling and its justification or otherwise, as a newly accepted mode of musical expression, experimentation and creativity; the advent of sound-alike litigation; the abuse that can subtly arise via cover versions; the applicability of Tort provisions or otherwise in the copyright scenario; the inclusion of sound provisions dealing with moral rights and the validity or otherwise of extending the term of protection vis-a-vis both economic and moral rights. The writer also desires to propose certain fundamental changes within our copyright scenario, particularly by advancing the issues such as the protection of style and the legislative recognition and protection to be afforded to unfixed improvisational works - changes which he believes to be vital for the healthy restructuring and amendment of the Maltese audio copyright scenario.