Other forms of intellectual property include patents, trade marks and know-how. Although copyright has no tangible form like a book, it has most of the attributes of tangible property. Copyright can be sold, given away or left in your will.
You can give people rights to use it. On death, copyright, performing rights and moral rights pass in accordance with your will, if you have one. If you do not, the rights pass in accordance with the laws of intestacy. This will be to any surviving husband or wife but not any other type of partner , failing which to your children. Any dispute is settled by the courts. It is sometimes suggested that there is only a finite number of notes available to a musician, so there will come a time when every tune possible will already have been written.
Mathematically that is not so. There are 12 semitones in an octave. If we confine ourselves to using notes from one octave, a tune of just eight notes gives us 35,, possibilities. That is 12 7. And that is before we even consider harmony or rhythm. We are far from having written every possible musical work.
However, it is still possible for a composer to find that something he has written is similar to something else that has been composed, even allowing for natural harmonic and melodic progressions. The law is that there is no breach of copyright for creating something which someone else has also created; however, the burden of proof can be difficult.
The court would consider not only the similarities between the two works, but what opportunities you had to hear the first work. It can be advisable to play your work to other musicians to see if any of them recognise any of it as being similar to an existing work. When Paul McCartney wrote Yesterday, he played it to several musicians, convinced that someone else must have already written it. Both songs had a similar use of alternating minor and diminished chords and there was a passing similarity of melody. Harrison even performed both songs in court to explain the difference.
One of the most bizarre copyright cases concerned Mike Batt who wrote songs for The Wombles. He included a track called Classical Graffiti on an album by The Planets. Cage sued for breach of copyright. In , a six-figure sum was paid in an out-of-court settlement. Artists as diverse as The Goons and John Lennon have issued albums with tracks of silence and not been sued. Use of copyright or even breach of copyright can be a consideration in contract law as explained in chapter 2. This means that when copyright has been breached, the parties can make their own arrangements as to how to settle the matter.
So if a composer dies on 8 July , his work remains copyright until 31 December assuming there is no change in the law before then. This limit was increased from 50 years on 1 January This meant that some composers went out of copyright then came back in. This is known as revived copyright. Elgar died in , so his music was copyright until , and then from to It was out of copyright for 11 years between and , and is again from Music acquired during the out-of-copyright period may continue to be used.
For revived copyright, a user may simply send a notice to the copyright holder saying what use is to be made of the work. The notice constitutes a licence though the copyright holder is entitled to a fee, which the Copyright Tribunal will set if not agreed. Where a copyright is sold, given away or passes on death, the copyright life is still determined by when the original creator died. Where the copyright is owned by a company or other body, the copyright lasts for 70 years from its creation. Where a work was created by two or more people, the copyright lasts until 70 years after the last death.
Other liturgical material, such as Common Worship and other bible translations are bound by the normal copyright rules. Common Worship was published in Its copyright therefore expires in The use of copyright liturgy is examined later. Sound recordings are copyright for 50 years. However, in the UK, copyright in the music and words will probably still exist when the recording copyright expires. Government publications, such as Acts of Parliament, are copyright for 50 years from the end of the year in which it received Royal Assent. Crown copyright in other works lasts for years.
Typesetting lasts for 25 years from publication. Photographs are copyright for 70 years 50 years before 1 January Industrial designs are copyright for 15 years. You must always be careful that all copyright has expired before treating anything as in the public domain. Bach died in , so his work is well outside the protection of copyright, but that does not mean that you can photocopy any music by Bach. This means that such work does not become public domain until the editor has been dead for over 70 years.
Do not forget that there is a separate copyright in the typography of the page which lasts for 25 years from publication. If you want to photocopy an out-of-copyright hymn tune, photocopy it from Hymns Ancient and Modern Revised or English Hymnal. Note that public domain simply means that you may copy freely. It does not entitle you to access to the documents to copy them. If you do obtain access, the owner has no power to stop you copying it.
Sometimes libraries or publishers suggest that you have a moral obligation not to copy. You should reply by asking what moral right they have to deny you what is already yours as a member of the public.
There is no process for copyrighting anything. There are no forms to fill in and no fees to pay, as there are for patents. As you compose music, the copyright is automatically created and belongs to you. This right is given by section 9 1 of the Act. There is no copyright for ideas in your head, even when you have performed them to others.
If your work goes through several drafts, each draft has its own copyright. A later draft does not replace the copyright in a previous one. There is an exception if you create a copyright work in the course of your employment, unless a prior agreement has been made between employer and employee that the employee owns copyright.
In such cases, the copyright belongs to your employer and not to you. This is unlikely to affect organists. Although many organists do compose, it would be most unusual for this to be regarded as part of the job. However it may be advisable to include a clause in the contract of employment to make this clear. Copyright law even states who owns the copyright in works created by a computer program written for that purpose the programmer. And in , paintings by the chimpanzee Yamasaki were the copyright of the circus which owned him. This is not strictly necessary under UK law, but it does give the work a measure of international protection.
Although you own the copyright in music, you may need to prove it in any enforcement action. Any evidence may be produced, such as witnesses, concert programmes or reviews in magazines. None of these actions is essential. Evidence from reliable musicians about when they performed the work is just as good. Also, the evidence suggested above simply proves that the work existed by a certain date. It does not necessarily prove that you wrote it. Copyright represents the human endeavour in creating works. The leading High Court case of Sawkins v Hyperion Records  EWHC Ch established that this includes creating performing editions of old manuscripts of music even though the editor creates no new music.
Dr Lionel Sawkins spent a year preparing an edition of music by Michel-Richard de Lalande by studying manuscripts round the world.
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It immediately deleted the CD from its catalogue after sales of 3, copies had not recouped the recording costs. In May , Hyperion Records lost their appeal against this decision. This case means that copyright exists in many realisations of old manuscripts which were previously regarded as copyright-free. There is a special copyright provision to protect the first publication of a work whose copyright has expired. All such works have copyright protection until 31 December Publication here includes exhibiting and lending copies; it is not necessary that the work is printed.
It is not clear what the position is for works which were never in copyright because they predate copyright law.
Arnfield P. Cudal (Editor of The Light of Life Comes to Tigwa)
Sheet music has been copyright in England since , so this may be an issue for 17th-century and earlier manuscripts first published from In some cases, permission may be refused. Mission Praise had to drop the song We are one in the Spirit for copyright reasons. You could find that the composer refuses to allow you to perform it, or demands a very high fee to do so. Many composers will ask to see the finished work and demand the right to make changes. A composer may ban all performance of his work during his lifetime. Saint-Saens did just that for Carnival of Animals. There are some exceptions where you do not need permission with regard to copyright works, as explained later.
If you wish to use one of these exemptions, you must make sure that what you do is exactly within the scope of the exemption. The first set of rights are called acts restricted by the copyright under s16 of the Act. There are five such rights:. To copy a work means reproducing any or all of it in any form. It is not restricted to photocopying music. Copyright extends to copying out by hand.
It includes photographing the music or storing it in a computer file. It includes forms of copying not even thought of when the music was created. With a few exceptions, it does not matter why you copy the work. You can still breach copyright by making a copy just to play for your private enjoyment. To issue copies includes any form of publishing or public hire or loan by any means.
This includes putting a work on the Internet or distributing it as a computer file. To perform or broadcast the work includes any mode of visual or aural presentation, including broadcast on television or radio. To adapt a musical work includes making an arrangement or transcription of it section 21 3 b. An adaptation of a literary work includes a translation of it.
Section 21 2 makes clear that an adaptation need not be written or otherwise recorded in any way, so an improvisation of a copyright work is an adaptation. Transposing a work to a different key or register is not regarded as an adaptation, but this exception only applies when transposing on the spot, because writing a piece out whether in the original key or not is within the scope of copyright. An improvisation on a copyright work as the final organ voluntary is clearly an adaptation. However this is a hollow right.
As the improvisation would have been performed by the time the copyright holder knew about it, his only remedy would be damages which would probably be a nominal amount. Secondary rights are designed to help protect the main rights by imposing penalties in respect of infringing copy. This is material generated which contravenes copyright law. In each case, an offence is only committed if the person knew, or should have known, that it was to be used to infringe copyright.
Without this provision, every photocopier supplier would be guilty. Moral rights were introduced by the Act and therefore only apply to works created from 1 August It should be noted that these rights belong to the creator of the work, who may no longer be the copyright holder. If you sell your copyright, you still retain your moral rights, unless you have separately given them up. European countries have been much readier to recognise moral rights.
For example, France codified moral rights in , having already given such rights through case law. The right to be identified is contained in s77 of the Act. This is sometimes called the paternity right. It gives the composer the right to be identified whenever music is published commercially, recorded for sale to the public, or included in a film for the public.
The same rights are enjoyed by someone who has written words set to music. This means that the holder has shown his name on the work, and stated it in any assignment of right. This right does not apply in respect of any of the permitted exceptions to copyright law. The right to object to derogatory treatment is contained in s80 of the Act. It should be noted that this involves much more than just not liking what someone has done to your work, such as parodying the words or producing a bad arrangement, though in such cases you may still have protection under other copyright provisions.
For derogatory treatment, you must show that the treatment is likely to reflect badly on you, which is most likely when the person has not sufficiently identified himself as the arranger. One of the few cases on derogatory treatment of music was brought by the pop singer George Michael in Five songs he recorded as part of the duo Wham! He demonstrated an arguable case and so was granted a temporary injunction. The answer is no, as derogatory treatment must reflect on the composer.
Other countries have applied moral rights more strictly. Orff died in and so is copyright until His estate successfully sued and the records were withdrawn from sale. France allowed the director of the film Asphalt Jungle, deliberately shot in black and white, to stop a colourised version being broadcast, even though he did not own moral rights in the US where the film was made.
Italy held that it was a breach of moral rights to insert advertising breaks during the broadcast of a film. In Canada a sculptor successfully defended his moral rights to stop ribbons being draped round his sculpture at Christmas. A person is protected from false attribution by someone saying that you wrote a work which you did not. The right is contained in s It is easy to see how an eminent composer could have his reputation damaged by having some poor work attributed to him. A false attribution could also lead to a claim for libel or malicious falsehood.
This right does not allow a composer to disown works which he has written but may now wish he had not. Alan Clark MP used this law to sue Associated Newspapers for publishing a diary which was falsely attributed to him. This is a difficult case to prove, and many blatant examples seem to avoid action, as a stroll round the shelves of any supermarket will demonstrate. Passing off could apply in music, such as falsely describing your choir as Kings College, Cambridge to help sell recordings. The right to privacy only applies to films and photographs taken for private and domestic purposes.
The photographer owns the copyright and may prevent it from being used in any work issued to the public. The right is in s85 of the Act. It should be noted that a separate law of privacy is being developed under Human Rights Act The Act allows you to do certain things which would otherwise be a breach of copyright law. However, you must be careful to ensure that you come exactly within the scope of the exemption. These exemptions were modified from 31 October by a statutory instrument SI No Much of this statutory instrument relates to broadcasts and computer files. These rights are those which the law allows you to do, regardless of whether the copyright holder agrees.
This law does not stop the copyright holder agreeing to let you do anything else you wish. There are additional exceptions for non-musical copyright, such as for computer programs, statues, buildings, industrial designs and typefaces. The exemption for research and private study is given in s29 of the Act. It allows a person to take one copy for research and study. This need not be as part of any formal education, but may be to help write a book or even for personal curiosity. Although the Act does not expressly say so, in practice this right is limited to a single copy which should be destroyed when the research or study has been completed.
An unsuccessful attempt was made in the case Ashdown v Telegraph Group Ltd  to argue that freedom of expression under Human Rights Act provided an extension to this exemption. The exemption for criticism s30 allows fair dealing with a work, such as quoting it. If you wish to review a piece of music, you may print a short quotation without bothering to get permission, but you must acknowledge the source.
In practice this means identifying the work, composer and publisher. From 31 October , the requirement to acknowledge the source may be dispensed with, if this is impractical. Even several Sultans of Yogyakarta were semi-deified [ citation needed ] , posthumously. Deceased North Korean leader Kim Il-Sung is the principal object of the North Korean cult of personality in which he is treated similarly to an explicitly apotheosized leader, with statues of and monuments dedicated to the " Eternal President ", the annual commemoration of his birth, the paying of respects by newlyweds to his nearest statue,  and the North Korean calendar being a Juche calendar based on Kim Il-sung's date of birth.
Instead of the word "apotheosis", Christian theology uses in English the words "deification" or "divinization" or the Greek word " theosis ". Traditional mainstream theology, both East and West, views Jesus Christ as the preexisting God who undertook mortal existence, not as a mortal being who attained divinity.
It holds that he has made it possible for human beings to be raised to the level of sharing the divine nature: The Westminster Dictionary of Christian Theology contains the following in an article titled "Deification":. Eastern Christian theology does not use the term "apotheosis". Corresponding to the Greek word theosis are the Latin -derived words "divinization" and "deification" used in the parts of the Catholic Church that are of Latin tradition.
The concept has been given less prominence in Western theology than in that of the Eastern Catholic Churches , but is present in the Latin Church 's liturgical prayers, such as that of the deacon or priest when pouring wine and a little water into the chalice: Catholic theology stresses the concept of supernatural life, "a new creation and elevation, a rebirth, it is a participation in and partaking of the divine nature"  cf.
In Catholic teaching there is a vital distinction between natural life and supernatural life, the latter being "the life that God, in an act of love, freely gives to human beings to elevate them above their natural lives" and which they receive through prayer and the sacraments; indeed the Catholic Church sees human existence as having as its whole purpose the acquisition, preservation and intensification of this supernatural life. The Church of Jesus Christ of Latter-day Saints LDS Church or Mormons believes in apotheosis along the lines of the Christian tradition of divinization or deification but refers to it as exaltation , or eternal life, and considers it to be accomplished by "sanctification.
While the primary focus of the LDS Church is on Jesus of Nazareth and His atoning sacrifice for man,  Mormons believe that one purpose for Christ's mission and for His atonement is the exaltation or Christian deification of man. However, only those who are sufficiently obedient and accept the atonement and the grace and mercy of Jesus Christ before the resurrection and final judgment will be "exalted" and receive a literal Christian deification.
One popular Mormon quote, often attributed to the early Mormon leader Lorenzo Snow in , is "As man now is, God once was: As God now is, man may be. Mormons believe that the original Christian belief in man's divine potential gradually lost its meaning and importance in the centuries after the death of the apostles, as doctrinal changes by post-apostolic theologians caused Christians to lose sight of the true nature of God and His purpose for creating humanity. The concept of God's nature that was eventually accepted as Christian doctrine in the 4th century set divinity apart from humanity by defining the Godhead as three persons sharing a common divine substance.
That classification of God in terms of a substance is not found in scripture   but, in many aspects, mirrored the Greek metaphysical philosophies that are known to have influenced the thinking of Church Fathers  such as Justin Martyr , Origen , and Augustine. Mormons teach that by modern revelation, God restored the knowledge that He is the literal father of our spirits Hebrews As such, Mormons assert that as the literal offspring of God the Father Acts The glory, Mormons believe, lies not in God's substance but in His intelligence: Thus, the purpose of humans is to grow and progress to become like the Father in Heaven.
Mortality is seen as a crucial step in the process in which God's spirit children gain a body, which, though formed in the image of the Father's body, is subject to pain, illness, temptation, and death. The purpose of this earth life is to learn to choose the right in the face of that opposition, thereby gaining essential experience and wisdom. The level of intelligence we attain in this life will rise in the Resurrection Doctrine and Covenants Bodies will then be immortal like those of the Father and the Son Philippians 3: Those who are worthy to return to God's presence can continue to progress towards a fullness of God's glory, which Mormons refer to as eternal life, or exaltation Doctrine and Covenants In early , the LDS church published an essay on the official church website specifically addressing the foundations, history, and official beliefs regarding apotheosis.
In art the matter is practical: So it is that the apotheosis genre exists in Christian art as in other art. The features of the apotheosis genre may be seen in subjects that emphasize Christ's divinity Transfiguration , Ascension , Christ Pantocrator and that depict holy persons "in glory"—that is, in their roles as "God revealed" Assumption, Ascension, etc.
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