Unravelling the Complexities of Copyright Ownership in the Media Industry – An Egypt Law Perspective
Technology, Media & Telecoms Focus
In the dynamic realm of the media industry, where creativity flourishes without boundaries, the complexities of copyright ownership often pose a challenging dilemma.
Law Update: Issue 368 - Technology, Media & Telecoms Focus
Dina AmerSenior Associate,Intellectual Property
In the dynamic realm of the media industry, where creativity flourishes without boundaries, the complexities of copyright ownership often pose a challenging dilemma. From identifying the true authors of copyrighted works to navigating neighbouring rights and distinguishing between moral and economic rights, the landscape of copyright ownership is both complex and continuously evolving. This article aims to explore the diverse world of copyright ownership in the media industry, shedding light on key concepts such as identifying authors, exploring neighbouring rights, understanding the licensing of copyrights, and clarifying the roles of Performance Rights organizations and/or Collective Management Organizations in licensing the economic rights.
Copyrights serve as the legal foundation for safeguarding the intellectual property of authors. It grants them exclusive rights over their original works. This empowerment enables these authors to regulate the use and distribution of their creations, safeguarding their artistic endeavours from unauthorized exploitation. These exclusive rights form the fundamentals upon which creators derive economic benefit from their works and maintain control over their artistic expressions.
Economic rights constitute an essential aspect of copyright ownership, encompassing the commercial exploitation of copyrighted works. These rights empower creators to reproduce, distribute, and publicly perform their works, thereby facilitating financial remuneration from their creative endeavours. By exercising these economic rights, authors can monetize their works through various channels such as sales, licensing agreements, and royalties, ensuring fair compensation and encouraging further innovation within the media industry.
In contrast, moral rights serve to protect the integrity and reputation of authors, encompassing a spectrum of non-economic rights inherent to these authors. Moral rights include the right to attribution, ensuring recognition and acknowledgment of authorship, and the right to integrity, safeguarding the authenticity of the work against degrading treatment or alterations. Unlike economic rights, which can be transferred or licensed to third parties, moral rights are inseparable from the author and persist even after the transfer of copyright ownership. This underscores the personal and non-transferable nature of moral rights, emphasizing the inherent connection between the authors and their work.
Furthermore, moral rights play a fundamental role in preserving the artistic integrity and cultural significance of copyrighted works, ensuring that author’s visions and intentions are upheld and respected throughout the lifespan of the work. By upholding moral rights, copyright law not only protects the economic interests of authors but also cultivate a climate of artistic appreciation and respect within the creative community. Thus, the distinction between economic and moral rights underscores the dual facets of copyright ownership, encompassing both the commercial exploitation and artistic integrity of creative works.
In Egypt, the regulation of copyrights has evolved over time. Initially governed by Law No. 354 of the year 1954, the legal framework underwent significant revisions with the enactment of Law No. 82 of the year 2002. This comprehensive legislation provides a modernized framework for the protection and regulation of intellectual property rights, including copyrights.
In the Landscape of media industry, identifying the true authors of copyrighted works can be quite complicated. The identification process varies depending on the nature of the work, type of this work and the contributions of the personnel or organizations involved. For instance, in music, songwriters, such as lyricists and composers are usually considered the primary authors, while singers, production companies, and publishers are regarded as neighbouring rights owners.
What are the Neighbouring rights? neighbouring or related rights, refer to a set of rights granted to performers, producers of sound recordings, and broadcasting organizations in relation to their performances, recordings, or broadcasts. These rights are distinct from copyright but are closely related.
In the context of music, it's common for the primary authorship to be attributed to the songwriter, who holds responsibility for both the lyrics and the melody composition. This highlights the songwriter's pivotal role as the main producer of intellectual property. Nevertheless, other contributors, such as performers, while not considered conventional authors, contribute significantly through their performances, and are safeguarded under neighbouring rights.
In movies for example, the primary authorship often lies with the screenplay writer or director, who crafts the narrative and visual elements that form the backbone of the film. They are responsible for conceptualizing the story, developing the characters, and structuring the plotline. However, other contributors, such as actors, cinematographers, and editors, though not traditionally regarded as authors, play key roles in bringing the screenplay to life on the screen. Together, these collaborators contribute significantly to the overall artistic vision of the movie and are safeguarded under neighbouring rights.
Understanding the fine distinction in identifying authors and acknowledging the various contributors will take us to the rightful licensors of the economic rights. This glimpse into the rightful licensors underscores the complex dynamics between authors, performers, production companies, and publishers in the world of copyright ownership and licensing agreements.
The licensing of copyrighted works plays a critical role in the distribution and commercialization of creative content. Licensing agreements grant permission to third parties to use copyrighted works under specified terms and conditions, providing authors with additional revenue streams and expanding the reach of their works. These agreements may involve the granting of exclusive or non-exclusive rights, allowing licensees to utilize the works in various contexts such as public performance, publishing, distribution, Mechanical printing. Additionally, licensing agreements encompass both economic and moral rights, ensuring the integrity and rightful ownership of the work while enabling its commercial exploitation.
It's important to note that licensing copyrights can be challenging, often involving complexities beyond mere agreement signing, as each case revolves around identifying the appropriate parties involved in reaching such agreements. Even after the author's death, their works still require permission for use; however, the process may become even more complex.
The licensing of heritage artwork presents a complex landscape filled with challenges, particularly concerning the identification of rightful owners, especially in cases involving works of deceased authors. Across the globe, conflicts over artistic heritage and copyright ownership have been widespread, reflecting the complex nature of balancing the interests of successors and production companies.
In Egypt for example, these challenges are magnified by a rich cultural history and a vibrant artistic legacy. The nation's intense conflicts over artistic heritage and copyright ownership have captured international attention, often leading to protracted legal battles and complex negotiations. The dispute between successors and production companies over the inheritance of copyright ownership has become a significant issue, prompting the need to address and untangle these matters.
Determining the inheritance of copyright ownership becomes very complicated, as universal successors such as heirs or designated beneficiaries may lay claim to these rights. Additionally, producers and publishers involved in the creation and distribution of heritage artwork hold vital positions, entailing rights and obligations regarding licensing and royalties. Their involvement adds another layer of complexity to the licensing process, necessitating careful consideration of contractual agreements and legal frameworks. Performance Rights organizations and/or Collective Management Organizations such as CISAC, ASCAP, MPLC, and others play a substantial role in this field, taking on responsibilities for managing heritage repertoires. These entities serve as intermediaries, bridging the gap between rights holders and users, and facilitating the licensing of economic rights across diverse platforms and mediums. Furthermore, their involvement extends to the management of heritage repertoires, ensuring the continued protection and monetization of works belonging to deceased authors.
This article aims to provide an overview and understanding of the ownership and licensing related to copyrights of this heritage, shedding light on the complexities involved in navigating the landscape of heritage artwork licensing.
In conclusion, unravelling the complexities of copyright ownership within the media industry necessitates a thorough comprehension of legal principles, encompassing aspects such as authorship, neighbouring rights, and the differentiation between economic and moral rights. It is imperative to approach these complexities with a commitment to legality, ensuring that all actions are in accordance with applicable laws and regulations. By cultivating a culture of transparency and adherence to legal frameworks, we can create an environment where authors receive rightful acknowledgment and compensation for their contributions. This commitment serves to uphold the integrity and longevity of the media industry, ensuring its sustainability for future generations within the bounds of the law.
For further information,please contact Dina Amer.
Published in May 2024
