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Can You Self Copyright?

Many people in the music industry are faced with the issue of protecting their copyrights when creating musical works. Protection and enforcement of copyright is not just the desire of the author, but the opportunity to make a profit when selling his music.

Under current European law, a musical work and its recording may not be used for the production of an amateur video without the permission of the copyright and related rights holders (i.e. the rights of artists, performing musicians and producers).

It should be taken into account that the unauthorized use of a pre-existing musical work and its associated musical recording for an amateur video published on a digital platform amounts not only to unauthorized reproduction, but also to a form of communication to the public reserved by law for opera authors, as well as performers and directors. recordings of a piece of music. Such use also represents a significant modification or refinement.

A technological security measure is a technical mechanism (such as a copy protection system) or computer program (such as a digital rights management system, better known by the acronym DRM) that allows a digital content creator or provider to control a user’s access to and use of such content.

The main idea is to use a technological tool to make applicable the contractual terms of access and use set out in the license that accompanies the product and which the end user accepts at the time of purchase. It is illegal to interfere with and override technical protection measures, and the conduct of those who engage in such activities by removing information about the copyright regime on an individual work and thus making the content available to others is subject to criminal penalties.

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However, there is an exception to the protection of technological measures that allows the user to intervene and overcome this limitation without infringing copyright, if the goal is to create at least one copy of the DVD in analog format not on your computer, provided that the user legally purchased the copy (not “pirated”). Once the technological measure is overcome and deactivated, the user will not be able to legally make private digital copies: any unauthorized digital copy will effectively infringe the exclusive right to reproduce.

The use of digital platforms that allow content to be posted or social networks that allow content to be shared requires compliance with the terms of use of the platform itself. Use of the platforms implies an obligation to publish and make available works and other materials in which you own the rights or in which you have appropriate permission from their respective owners.

Whenever you use a digital platform that allows you to post content, you accept its terms of use. As a general rule, the contractual terms governing the acquisition and use of user-generated content on platforms or social media do not provide for the actual transfer of intellectual property in works.

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