KOLEJ TEKNOLOGI YPC-ITWEB

BA ( HONS ) BUSINESS MANAGEMENT

Coursework 1

SUBJECT TITLE : ACADEMIC STUDY SKILLS

SUBJECT CODE : 4003YPCBMB
LECTURER : Ms.G.Maniyarasi
YPC ID : B150103

LJMU ID : 749306

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Table of Contents
1.0 Executive Summary.......................................................................................................... 2
2.0 Terms of Reference........................................................................................................... 3
3.0 Methodology................................................................................................................... 3
4.0 Findings / Analysis............................................................................................................ 4
4.1 Intellectual Property ( IP )............................................................................................... 4
4.2 Intelectual Property ( IP) in Music Industry.........................................................................4
4.2.1 Copyrights............................................................................................................. 4
4.4. Implication of IP in Music Industry................................................................................... 5
4.4 Cost and Benefits of IP in Music Industry................................................................................ 5
5.0 Conclusions.................................................................................................................... 6
6.0 Recommendations............................................................................................................ 6
7.0 References..................................................................................................................... 7
Glossary of Terms............................................................................................................... 10

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1.0 Executive Summary

This report was asked to discuss Intellectual Property in The Music Industry what does this
mean and what are the implication of this? The methodology process used to analysis the data is
secondary data from journals and websites for example World Intellectual Property Organization
(WIPO).Results of data analysis shows that Intellectual Property help the music industry to protect
their originalities and the royalties of their album. The report finds that Intellectual Property in music
industry is a tool to recognize the real talents and the royalties of the music. If there is no IP the
music industry would face a drastic fall due to the peer to peer sharing (P2P).

2.0 Terms of Reference

The aim of the coursework is to write a report discussing Intellectual Property in the Music
Industry. This report can be written by answering the following questions. (a) What does the
intellectual Property? (b) What are the implications of Intellectual Property in the Music Industry?
To accomplish the task, following goals were set

Understand the question and find meaning for the words that is not clear.
Find appropriate journals related to Intellectual Property and Music Industry.
Relate the journals theories with answers by giving evidence for the statements.

3.0 Methodology
The methodology used to analysis this report is through secondary data. The secondary data that I
have used are journals, articles and some websites. I have used few journals to support my statement in the
report. The reason I used journals because journals are reliable sources and trustable. These evidences are
useful for my report. This actually widens my reading to explore. The advantages secondary data are
secondary data it is easier for me to get information because certain information cannot be taken from primary
data. Secondary data is also useful because it is save cost and convenient. The disadvantages of the secondary
data are the sources are might not be accurate and sometimes even outdated .

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4.0 Findings / Analysis

4.1 Intellectual Property ( IP )

Intellectual property (IP) refers to creations of the mind, such as inventions; abstract and
imaginative works; plans; and images, names and pictures utilized as a part of business (WIPO
World Intellectual Property, n.d.). A lawful right recognized as 'Intellectual Property must be, as an
issue of definition, a kind of "property" (Mossoff, 2014). Intellectual property rights, especially
copyrights are presently as vital, if not more, than some other type of benefits, and are crucial in
every single imaginative work including music (COOGAN, 2014). In today's legitimate
frameworks, IP normally incorporates in any event copyrights, trademarks, licenses, and competitive
innovations (Islam, 2013)
4.2 Intelectual Property ( IP) in Music Industry

Licensed innovation rights give the establishment whereupon development is shared, innovativeness
empowered and shopper trust fortified (Itu.int, 2011). IP in music industry would help the music
industry growth and its revenues. There are two categories under IP which are Industrial Property
and Copyright .Industrial Property incorporates licenses for developments, trademarks, modern

plans and topographical signs. Copyright covers abstract works, (for example, books, ballads and
plays), movies, music, aesthetic works(e.g., drawings, compositions, photos and sculptures)and
structural configuration.
4.2.1 Copyrights
Rights identified with copyright incorporates those of performing craftsmen in their exhibitions,
makers of phonograms in their recordings, and supporters in their radio and TV programs. Protected
innovation is the monetary system which supports the music business and other British imaginative
commercial enterprises. Copyright is the coin of that system (Ukmusic.org, 2013). Copyright in
unique musical, abstract, emotional and imaginative works keeps going until 70 years after the
demise of the creator. This means that in music industry the performers artwork will be protected
under the copyrights so that the others do not steal it. Nowadays, the music files can be downloaded
for free once the song is released for example the famous online website Napster (Nash, 2015). Thus,
there are no ways for the people to buy the artwork when they can download it for free. A few reports

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evaluate that as much as 95 % of music is downloaded illicitly, for nothing, on a yearly premise.
(Tyler , 2012 ) However, in order of this under the copyrights law those who illegally downloading
or uploading the artwork of an artist can be sued because it is done without the permission of the
authority ( artist ). For example, a federal jury on Friday ordered a Boston University graduate
student who admitted illegally downloading and sharing music online to pay $675,000 to four record
labels

4.4. Implication of IP in Music Industry

The implementation of IP in music industry has brought in changes in certain countries. For
instance, in Taiwan the government had enforced the copyright law in that country had made piracy
as public crime. The action taken by the enforcement agencies has drastically decreased the pirate
hawker selling piracy music CDs and DVDs. This shows a good result for the government to deter
the piracy in their country (Bernstein, Sekine and Weissman, 2013). Another example would be
Tanzania country. Tanzania is a socialist-leaning country. The different understanding of the property
has lead Tanzania to follow a different path of IP. In IP development pursuing claims in the court cost
higher than the musician would win. As a result,Tanzania artist were left with a little protection and
have increased their earning a little. However, Tanzanians musicians enjoy ,more vibrant and
lucrative live performance economy (David and Halbert, 2014).

4.4 Cost and Benefits of IP in Music Industry

There are several cost and benefit in music industry relating to the IP. First, no official
registration required. Second, comes into effect immediately. Third, there is no cost to marking
something as copyright. For instance in Australia it is automatically considered a copyright after a
creative content is documented (Ipaustralia.gov.au, 2015).
The disadvantages would be, copyrights protect expression and patents protects inventions,
and neither protect ideas (IPWatchdog.com | Patents & Patent Law, 2014).IP involves legal costs and
proving infringement. The cost of legal cost more than the court gives when the client wins.

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5.0 Conclusions
IP in music industry is a tool to recognize the real talents and the royalties of the music. If
there is no IP the music industry would face a drastic fall due to the peer to peer sharing (P2P). P2P
is a sharing network among friends and this may affect the music industry automatically. The
presence of IP in certain developing countries it helps the government to deter the piracy market in
their country. Thus, it can be concluded that IP is something useful and important in the music
industry as it could protect the rights of the musicians, lyricists, composers and singers.

6.0 Recommendations
The government strengthen the law enforcement especially in Intellectual Property section to
protect the rights of the authors in the music industry. This will ensure the piracy market in that
country to be diminished. Beside, that the retailers also should not sell piracy CDs and DVDs in
their premises and sell all the original copyrights entertainment CDs and DVDs. Before anything
else the buyers should stop supporting the piracy market and start supporting the artist and buy ori
ginal CDs and DVDs.

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7.0 References
COOGAN, P. (2014). THE EFFECT OF HUMAN RESOURCE AND INTRAORGANIZATIONAL
CAPACITY ON THE ADMINISTRATION OF COPYRIGHT IN THE KENYA MUSIC INDUSTRY.
Ph.D. United States International University Africa.
[ Accessed 14 Nov. 2015]
Bernstein, A., Sekine, N. and Weissman, D. (2013). The Global Music Industry: Three Perspectives.
[ebook] Routledge, p.235.
Available at: https://books.google.com.my/books?
id=oTnaAAAAQBAJ&pg=PA235&dq=music+industry+after+implementing+intellectual+property
&hl=en&sa=X&redir_esc=y#v=onepage&q=music%20industry%20after%20implementing
%20intellectual%20property&f=false
[Accessed 23 Nov. 2015].
David, M. and Halbert, D. (2014). The SAGE Handbook of Intellectual Property.
Inbrief.co.uk, (n.d.). Illegal downloading of music. [online]
Available at: http://www.inbrief.co.uk/intellectual-property/illegally-downloading-music.htm
[Accessed 22 Nov. 2015].
Ipaustralia.gov.au, (2015). Copyright | IP Australia. [online]
Available at: http://www.ipaustralia.gov.au/get-the-right-ip/copyright/
[Accessed 25 Nov. 2015].
IPWatchdog.com | Patents & Patent Law, (2014). Protecting Ideas: Can Ideas Be Protected or
Patented? - IPWatchdog.com | Patents & Patent Law. [online]
Available at: http://www.ipwatchdog.com/2014/02/15/protecting-ideas-can-ideas-be-protectedor-patented/id=48009/
[Accessed 28 Nov. 2015].
Itu.int, (2011). Intellectual property rights in Today's digital economy. [online]
Available at: http://www.itu.int/net/itunews/issues/2011/07/38.aspx
[Accessed 15 Nov. 2015].
McDuling, J. (2015). The music industry has hit its rock bottom. [online] Quartz.
Available at: http://qz.com/383109/the-music-industry-has-hit-its-rock-bottom/
[Accessed 13 Nov. 2015].
Nash, E. (2015). How Steve Jobs Saved the Music Industry. [online] WSJ.
Available at: http://www.wsj.com/articles/SB10001424052970204002304576629463753783594
[Accessed 17 Nov. 2015].

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Palermino, C. (2015). Streaming services generated a third of all music revenue in first half of 2015.
[online] Digital Trends.
Available at: http://www.digitaltrends.com/music/one-third-of-2015-music-industry-revenue-isfrom-music-streamers/
[Accessed 11 Nov. 2015].
Tyler, N. S. (2012). Music Piracy and Diminishing Revenues: How Compulsory Licensing for
Interactive Web casters Can Lead the Recording Industry Back to Prominence. [online]
Available at: http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?
article=1035&context=penn_law_review
[Accessed 10 Nov. 2015].
Ukmusic.org, (2013). Copyright and Intellectual Property - UK Music. [online]
Available at: http://www.ukmusic.org/policy/licensing-solutions/
[Accessed 15 Nov. 2015].

WIPO World Intellectual Property, (n.d.). What is Intellectual Property?. [online]

Available at: http://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf
[Accessed 10 Nov. 2015].
Zhang, L. (2013). Intellectual Property Strategy and the Long Tail: Evidence from the Recorded
Music Industry. Social Science Electronic Publishing. [online]
Available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2515581
[Accessed 19 Nov. 2015].
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Economics and Statistics Administration, United States Patent and Trademark Office, (2012).
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Legislation.gov.uk, (2015). Copyright, Designs and Patents Act 1988. [online]

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Glossary of Terms
Intellectual Property

( IP )

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