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Can I Sell A Copyrighted Song?

The topic of copyright for musical works has always been relevant. It is especially relevant today, when the global music industry is controlled by music streaming, which generates more than 80% of the industry’s total profit.

Over the past years, many music streaming services have appeared in the world. Some of them are very famous, others are regional, and there are national music streaming services that only work in one country. There are many such streaming services in India and China. Global music streaming giant Spotify today provides more than one in three music streams in the world, owning 36% of the global music market.

But dealing with copyright is not easy. To do this, you need to understand their essence and meaning.

The point, however, is that in order to claim copyright, one must also be able to prove that he was the original creator of the work. Thus, in the case of plagiarism, the one who proves that he performed the creation on an earlier date prevails. That is why, even in the theory of law, one is born with the realization of a work, in order to be able to effectively defend them in court against usurpation, it is necessary to obtain evidence of the antecedence of creation, that is, a certain date. This date can be obtained in different ways.

Some authors print out a musical work or score on a printer and send it folded with a recommendation, and the sender himself, that is, the author, is the recipient. Thus, the postman, who is also an official, certifies with his seal a certain date of work. This is, of course, a somewhat exotic way to confirm your copyright, but very effective.

Only economic rights to a work have an expiration date, while moral rights never expire. In particular, the right of economic use of a work is valid throughout the life of the author and up to seventy years after his death. Thus, even after the expiration of this period, no one will be able to declare himself the author of someone else’s work.

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Once you have bought a CD or a song, you can resell it. The author cannot oppose this activity. This is what is called the exhaustion principle: copyright expires on the first sale. This means that once the author has placed the work on the market, he will no longer be able to object to the subsequent circulation of the work, which can be sold or transferred to third parties without the possibility of the author’s objection.

In any case, even if it is permitted to resell the same work that has been legally acquired, it may not be copied and duplicated or rented.

So, before a deal to buy or sell a song or music, you need to correctly prioritize all the priorities and understand what exactly will happen in this case with the copyright to music content. This will save both parties of the transaction from unpleasant misunderstandings.

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